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24 Apr 2024, 4:00 am
The relatively small group of white men who framed and adopted these provisions understood these issues only as refracted through their own limited experiences.Balkin calls for a pluralistic method of constitutional interpretation, including, among other things, text, structure, purpose, history, tradition, precedent, custom, and (borrowing a term coined by Philip Bobbitt) ethos, which consists of arguments that "appeal to the character of the nation and its institutions and to… [read post]
10 Jan 2024, 1:27 am
Bobbitt Herbert Wechsler Professor of Federal Jurisprudence Columbia Law School Corey Brettschneider Professor of Political Science Brown University Erwin Chemerinsky Dean and Jesse H. [read post]
8 Jul 2023, 10:45 pm
Since late 2021, Just Security has published over 300 articles analyzing the diplomatic, political, legal, economic, humanitarian, and other issues and consequences of Russia’s war on Ukraine, including many in Ukrainian translation The catalog below organizes our collection of articles primarily about the war into general categories to facilitate access to relevant topics for policymakers, researchers, journalists, scholars, and the public at large. [read post]
3 Jul 2023, 6:30 am
Instead, Loughlin focuses, as does Ran Hirshl in his influential book Juristocracy, on the accretion of power by judiciaries all over the world, especially those who take as part of their modern remit “reading” their local constitution in light of often unwritten (or “unenumerated”) provisions that, nonetheless, are thought necessary to enforce or maintain the “fundamental values,” the deepest commitments—what Philip Bobbitt in his… [read post]
28 Jun 2023, 8:12 am
Bobbitt, No. [read post]
12 May 2023, 8:55 pm
Professor Philip Bobbitt proposes a pluralist account of American constitutional law that is both descriptive and prescriptive. [read post]
10 May 2023, 9:30 pm
Silber quotes Calabresi’s co-author Philip Bobbitt for the view that Calabresi is a “humanist” who never saw “efficiency as the primary value” (OI, v.1, 353). [read post]
27 Apr 2023, 12:49 pm
Bobbitt, __ N.C. [read post]
13 Jan 2023, 6:30 am
Philip Bobbitt’s theory of interpretive modalities is of this kind. [read post]
21 Nov 2022, 5:16 am
Philip Bobbitt put it perfectly when, describing the Trump era compared to the Nixon era, he wrote that we are now “more inclined to treat impeachment as a political struggle for public opinion, waged in the media, and less like the grand inquest envisioned by the Constitution’s Framers. [read post]
5 Oct 2022, 8:37 am
Solicitor General and Attorney General, Jackson believed that to settle disputes about presidential power, the justices should look not just to text (as Black did) or tradition (Frankfurter), but also to the real-world dynamic interactions among the three branches of government—a methodology constitutional theorists like Charles Black and Phillip Bobbitt would later call structural argument. [read post]
16 Sep 2022, 5:00 am
I recommend Bobbitt, Dorf, and Strauss.Good luck in your new career!! [read post]
29 Jul 2022, 6:15 am
Waldman (@bxnwaldman) and Elizabeth Goitein (@LizaGoitein) (March 31, 2022) New Export Controls Distinguish Between Exports to Russia and Deemed Exports to Russian Nationalsby Christine Abely (@CEAbely) (March 9, 2022) Diplomatic - Political Accountability … [read post]
5 Jul 2022, 9:01 pm
Although Tribe, Bobbitt, and Justice Ginsburg all criticized the reasoning of Roe, they also thought the result was justified, and certainly none of them believed that Roe or Casey should be overruled. [read post]
30 Jun 2022, 4:00 am
The Court did not cite the amicus brief on behalf of Professors Philip Bobbitt, Jeff Powell, and me, but its reasoning proceeded along lines similar to those we urged. [read post]
24 Jun 2022, 6:30 am
Sanford Levinson This post was prepared for a roundtable on Law, Literature, and Other Performing Arts, convened as part of LevinsonFest 2022. [read post]
20 May 2022, 8:31 am
For this reason, I think about the modalities differently than Bobbitt does.First, I emphasize that the modalities are problem solving devices. [read post]
9 May 2022, 7:01 am
These videos, on occasion, have included examining the mental health of public figures, such as Jeffrey Dahmer, Lorena Bobbitt, Gabby Petito, Norm Macdonald, and Alicia Head. [read post]
5 May 2022, 5:30 am
Bobbitt is Herbert Wechsler Professor of Federal Jurisprudence at Columbia Law School. [read post]
21 Apr 2022, 6:30 am
That framework only applies to claims about the Constitution’s legal meaning, to claims about, as Bobbitt puts it, what is “true from a constitutional point of view. [read post]
