Search for: "Jack Balkin"
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13 Aug 2022, 3:38 am
They include Jack Balkin, Emily Bazelon, Hillary Clinton, Jamal Greene, Amy Klobuchar, Newt Minow, Cass Sunstein, Sheldon Whitehouse, and others. [read post]
4 Aug 2022, 6:30 am
This post was prepared for a roundtable on Wrestling with Religious Diversity, convened as part of LevinsonFest 2022—a year-long series gathering scholars from diverse disciplines and viewpoints to reflect on Sandy Levinson’s influential work in constitutional law. [read post]
3 Aug 2022, 9:05 pm
But Yale Law professor Jack Balkin urges a different solution to the social ills on social media: combating surveillance capitalism. [read post]
27 Jul 2022, 10:33 am
Adrian Vermeule I thank Jack Balkin for his good offices in organizing the symposium on Common Good Constitutionalism (CGC), and also thank the participants for their thoughts. [read post]
25 Jul 2022, 4:30 am
Some originalists, like Jack Balkin, reject expected applications even as evidence of what the Constitution means, preferring to interpret the text as enacted, unmediated by the applications surrounding the era of enactment. [read post]
19 Jul 2022, 6:30 am
Sincere thanks to Jack Balkin for hosting this symposium on Rich Friedman’s and my book, and to Yuval Abrams, Jodi Balsam, Mark Graber, and Sandy Levinson for their incisive and generous commentaries. [read post]
18 Jul 2022, 6:30 am
Friedman First, let me thank Jack Balkin and the participants in this little symposium for putting time and effort into it, and for the generosity of spirit with which they approached it. [read post]
17 Jul 2022, 6:00 am
The most prominent example of compatibilism is Jack Balkin's theory, which he explicated and defended in his book, Living Originalism. [read post]
15 Jul 2022, 6:30 am
(thanks to Sandy Levinson and Jack Balkin for their advice)American progressives at the turn of the twentieth century believed that courts should not interfere when legislatures adopted policies that reasonable persons might think pursued the common good. [read post]
15 Jul 2022, 4:30 am
This Article articulates one particular kind of “legal disruption”: how technology (or really, the social use of technology) can alter the imagined setting around which policy conversations take place—what Jack Balkin and Reva Siegal call the “imagined regulatory scene. [read post]
12 Jul 2022, 6:30 am
For the Balkinization symposium on Adrian Vermeule, Common Good Constitutionalism (Polity Press 2022). [read post]
11 Jul 2022, 11:37 am
So far, we've published articles by (among others) Jack Balkin (Yale), Mark Lemley (Stanford), Christopher Yoo (Penn), and more; we are expecting to publish articles shortly from faculty at other top schools, such as Chicago, NYU, and Virginia—though we've also published articles by people who aren't even professors (e.g., are recent law graduates who don't have permanent academic positions or are scholars at think tanks). [read post]
10 Jul 2022, 6:30 am
Our own Jack Balkin tries to split the difference by elaborating what he calls “living originalism,” but Vermeule, although respectful, clearly does not believe that Balkin has squared the circle. [read post]
8 Jul 2022, 6:30 am
For the Balkinization symposium on Adrian Vermeule, Common Good Constitutionalism (Polity Press 2022). [read post]
22 Jun 2022, 6:30 am
Jack Balkin, Introduction to the Symposium2. [read post]
21 Jun 2022, 6:30 am
Balkin, Law, Music, and Other Performing Arts, 139 U. [read post]
16 Jun 2022, 9:00 pm
Happy’s case marks a potential turning point because two members of the court—Judges Wilson and Rivera—dissented, showing that, to use a phrase coined by Yale Law Professor Jack Balkin, arguments for animal rights are no longer so “off the wall” that nearly everyone unthinkingly dismisses them. [read post]
14 Jun 2022, 2:29 pm
Maryland (2019) 2020: Paul Finkelman, Supreme Injustice: Slavery in the Nation's Highest Court (2017) Eric Segall, Originalism as Faith (2018) Greg Weiner, The Political Constitution: The Case Against Judicial Supremacy (2019) Robert Ross, The Framers' Intentions: The Myth of the Nonpartisan Constitution (2019) Jack Balkin, The Cycles of Constitutional Time (2020) 2019: Neal Devins, The Company They Keep: How Partisan… [read post]
10 Jun 2022, 9:30 pm
Over at Balkinization, John Fabian Witt weighs in. [read post]
8 Jun 2022, 7:00 am
One alternative is, if I may, Balkinian: pursue incremental reforms, and trust that the cycles of constitutional time will produce more democratic leadership (Balkin 2020). [read post]
