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25 Jan 2023, 8:00 am by Mark Graber
For the Balkinization 20th Anniversary Symposium How constitutions work and can be made to work better is the fundamental question of constitutional theory. [read post]
8 Jan 2023, 6:30 am by Guest Blogger
I think that Kenneth Stampp was basically correct many years ago when he said that, at least for historians, the legitimacy of secession remained an open—and perhaps unanswerable—question, a conclusion recently reaffirmed by Daniel Hamilton. [read post]
4 Jan 2023, 6:30 am by Guest Blogger
One particularly notable contribution was his 2021 essay “Commemorating the 200th Anniversary of McCulloch v. [read post]
23 Dec 2022, 6:30 am
Posner, Cooley LLP, on Monday, December 19, 2022 Tags: board diversity, California, Crest v. [read post]
23 Dec 2022, 6:30 am
Posner, Cooley LLP, on Monday, December 19, 2022 Tags: board diversity, California, Crest v. [read post]
Ohio’s so-called Heartbeat Act was passed in 2019 and took effect after the US Supreme Court ruled in Dobbs v Jackson Women’s Health Organization that there is no constitutional right to abortion in the US. [read post]
2 Dec 2022, 6:30 am by Guest Blogger
In a country (and culture) that sometimes appears to believe that prevention of even one terrorist attack justifies immense costs in terms both of money and deprivations of ordinary liberty, it is at least worth noting the remarkable indifference of much of the public—and certainly the whole of the Republican Party—to the costs attached to offering the kind of capacious interpretation of the Second Amendment instantiated in the recent case of New York State Rifle & Pistol Association… [read post]
24 Nov 2022, 3:03 am by jonathanturley
Many have a good-faith objections to the constitutional interpretations in cases like Dobbs v. [read post]