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21 Dec 2022, 6:00 am by Unknown
In addition to his narrow critique of progressive opponents of originalism, Solum’s post offers a capsule history tracing progressive originalism from Frederick Douglass through Justice Hugo Black to Akhil Amar, Jack Balkin, and Justice Ketanji Brown Jackson. [read post]
16 Dec 2022, 6:30 am by Guest Blogger
I wish to express profound gratitude to Jack Balkin and Linda McClain in organizing the book symposium and to all the participants for their generosity of time in carefully assessing what Racial Innocencehas to offer. [read post]
9 Dec 2022, 7:48 am by Jonathan H. Adler
  Progressive constitutional scholars like Akhil Amar and Jack Balkin at Yale, and progressive lawyers like Elizabeth Wydra at the Constitutional Accountability Center, have labored for decades to lay the foundations for a progressive and originalist resistance to a conservative juristocracy. [read post]
9 Dec 2022, 6:00 am by Guest Blogger
  Progressive constitutional scholars like Akhil Amar and Jack Balkin at Yale, and progressive lawyers like Elizabeth Wydra at the Constitutional Accountability Center, have labored for decades to lay the foundations for a progressive and originalist resistance to a conservative juristocracy. [read post]
15 Nov 2022, 6:20 pm by Ilya Somin
Jack Balkin has—with Koppelman's help—assembled an impressively diverse crew of commentators for the symposium. [read post]
21 Oct 2022, 6:30 am by Guest Blogger
For the Balkinization symposium on James E. [read post]
17 Oct 2022, 6:00 am by Eric Segall
Folks like Mike, or Erwin Chemerinsky, or Jack Balkin, etc., would present a stronger approval of the Federalist Society that might cause some folks to wonder but I don't have that swag so the pushback I get is really a lot of noise without much substance.Moreover, there is a huge difference and even a growing disconnect between the Federalist Society leadership (especially Leonard Leo) and the rank and file students, lawyers, and law professors who make up the organization. [read post]
2 Oct 2022, 7:00 am by Lawrence Solum
Related Lexicon Entries Legal Theory Lexicon 026: Rules, Standards, and Principles Legal Theory Lexicon 030: Textualism Legal Theory Lexicon 043: Formalism and Instrumentalism Legal Theory Lexicon 050: Default Rules and Completeness Legal Theory Lexicon 063: Interpretation and Construction Legal Theory Lexicon 071: The New Originalism Legal Theory Lexicon 074: Restraint and Constraint in Constitutional Theory Legal Theory Lexicon 078: Theories of Statutory Interpretation and Construction Legal… [read post]
26 Sep 2022, 6:30 am by Guest Blogger
And, of course, I’m also very grateful to Jack Balkin for giving us this space on Balkinization. [read post]
19 Sep 2022, 4:00 am by Howard Friedman
Balkin, Abortion and Partisan Entrenchment, (September 8, 2022).Mark Kende, Constitutional Pragmatism and Abortion, (Drake Law Review, Vol. 64, No. 4, 2021).Michael L. [read post]
19 Sep 2022, 3:05 am by Jamie Abrams
Jack Balkin has posted Abortion and Partisan Entrenchment on SSRN in draft format. [read post]
13 Sep 2022, 6:30 am by Guest Blogger
  I happily dedicated my book Framed to both Mark and Jack Balkin, who also certainly qualifies as a member of my close, albeit non-biological, family. [read post]
11 Sep 2022, 6:00 am by Lawrence Solum
Anti-Canonical Cases Jack Balkin suggested the idea of an "anti-canon" in a law review article in 2005. [read post]