Search for: "Joey Fishkin" Results 1 - 20 of 57
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16 Nov 2022, 4:00 am by Guest Author
  In their comments on DCE, Professors Staszewski and Emerson are spot on in reading into my positions a substantive commitment to an anti-domination principle or, as Emerson draws from the work of Professors Willy Forbath and Joey Fishkin, an “anti-oligarchy principle. [read post]
11 Nov 2022, 4:00 am by Guest Author
As Willy Forbath and Joey Fishkin have recently argued, the American constitutional tradition is concerned not merely with procedural fairness but with substantive justice, including a concern to prevent oligarchy. [read post]
10 Nov 2022, 6:00 am by JB
Martin’s Press, 2022).We have assembled a terrific group of commentators, including Jonathan Adler (Case Western), Jennifer Burns (Stanford), Richard Epstein (Chicago/Hoover/NYU), Stanley Fish (Florida International), Joey Fishkin (UCLA), James Hackney (Northeastern), Jamie Mayerfeld (Univ. of Washington), Christina Mulligan (Brooklyn), Ilya Somin (George Mason), and Matt Zwolinski (San Diego).At the conclusion, Andy will respond to the commentators. [read post]
22 Aug 2022, 4:30 am by Michael C. Dorf
While you're there, you might also want to check out the terrific contributions (including a symposium on equality and criminal law) by Professors David Sklansky, Chris Slobogin, Adriaan Lanni, Christopher Lewis & Adaner Usmani, Brandon Garrett, Josh Bowers, Mike Seidman, Eric Posner & Cass Sunstein, Avi Soifer, Reuven Avi-Yonah, Joe Singer, Martha Minow, Michael Meltsner, Frank Michelman, Joey Fishkin & Willy Forbath, I. [read post]
25 May 2022, 3:43 pm by Rick Hasen
On behalf of Joey Fishkin, Franita Tolson, and me, and with co-counsel Kathryn Eidmann and Mark Rosenbaum of Public Counsel, we just filed this proposed amicus brief in the California Court of Appeal in the Proposition 22 case. [read post]
20 Apr 2022, 6:00 am by JB
This week at Balkinization we are hosting a symposium on Joseph Fishkin and William Forbath's new book, The Anti-Oligarchy Constitution: Reconstructing the Economic Foundations of American Democracy (Harvard University Press, 2022).We have assembled a terrific group of commentators, including Kate Andrias (Columbia), Mark Graber (Maryland), Ken Kersch (B.C.), David Pozen (Columbia), Bertrall Ross (Virginia), Gerald Torres (Yale), Mark Tushnet (Harvard), and Emily Zackin… [read post]
12 Jan 2021, 8:16 am by Unknown
As Joey Fishkin points out, Section Three might also be enforced by other actors, including state legislatures, electoral commissions, and even the Republican Party (if its elites continue to regard Trump as an electoral liability come 2024). [read post]
22 Dec 2020, 3:19 pm by David Super
           Third, the growing asymmetry in U.S. politics of which Joey Fishkin, David Pozen, and othershave written, was on stark display in this legislation. [read post]
29 Jul 2020, 6:30 am by Guest Blogger
For the Symposium on Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020).Leah LitmanMark Tushnet’s Taking Back the Constitution is a tour de force. [read post]
7 Mar 2020, 6:30 am by Guest Blogger
A big part of the reason for the decline in voting rights, as Steve Griffin and Joey Fishkin argue, has been actions of the Republican party in engaging in modern acts of voter suppression. [read post]
26 Feb 2020, 6:00 am by JB
This week and next at Balkinization we are hosting a symposium on Rick Hasen's new book, Election Meltdown: Dirty Tricks, Distrust, and the Threat to American Democracy (Yale University Press, 2020).We have assembled a terrific group of commentators, including Joey Fishkin (Texas), Tabatha Abu El-Haj (Drexel), Nate Persily (Stanford), Daniel Tokaji (Ohio State), Justin Levitt (Loyola-LA), Franita Tolson (USC), Ciara Torres-Spelliscy (Stetson), Guy Charles (Duke), and Steve… [read post]
11 Oct 2018, 7:13 am by David Pozen
” Building on Tushnet, Joey Fishkin and I have suggested that a political maneuver can amount to constitutional hardball when it violates or strains constitutional conventions for partisan ends or when it attempts to shift settled understandings of the Constitution in an unusually aggressive or self-entrenching manner.The concept of anti-hardball is less familiar. [read post]
11 Oct 2018, 7:05 am by David Pozen
” Building on Tushnet, Joey Fishkin and I have suggested that a political maneuver can amount to constitutional hardball when it violates or strains constitutional conventions for partisan ends or when it attempts to shift settled understandings of the Constitution in an unusually aggressive or self-entrenching manner. [read post]
26 Jun 2018, 5:32 pm by Howard Wasserman
Joey Fishkin questions how Korematsu is different than this case or what makes Korematsu wrong and the current decision upholding the restriction right,... [read post]
19 Jun 2018, 4:00 am by Edith Roberts
” Additional commentary comes from Howard Wasserman at PrawfsBlawg, Michael Parsons at Modern Democracy, Joey Fishkin at the Election Law Blog, Ruthann Robson at the Constitutional Law Prof Blog, and Garrett Epps at The Atlantic, who remarks that “[l]ike a Magic 8-Ball, the Court keeps coming up: ‘Ask again later. [read post]
1 May 2018, 12:45 pm by Guest Blogger
Professors Joey Fishkin, Willy Forbath, for example, have explored the concepts of domination and power throughout American constitutional history as a way to conceptualize disparities of both economic and political power and the role of law in redressing those disparities. [read post]
25 Nov 2017, 8:16 am by Mark Tushnet
As David Pozen and Joey Fishkin argue in a forthcoming article, there may be political reasons for the fact that Democrats continue to treat politics a an iterated game, but among the reasons can't be that it is an iterated game.That leads me to my final point. [read post]
14 Sep 2016, 1:01 pm by Workplace Prof
Joey Fishkin & Joe Mastrosimone are co-chairing the labor and employment AALS sections this year and write to seek information for the joint annual newsletter. [read post]
22 Apr 2016, 10:11 am by Mark Graber
 Thanks to Joey Fishkin and Willi Forbath.This paper focuses on the crucial elements of post-Civil War constitutionalism judges and scholars miss when they give the place of pride to the Civil Rights Act of 1866 at the expense of the Second Freedmen’s Bureau Bill. [read post]
3 Feb 2016, 10:35 am by Guest Blogger
Sabeel RahmanLast week the Texas Law Review hosted an excellent symposium on the “Constitution and inequality,” centered around the forthcoming Constitution of Opportunity, by Joey Fishkin and Willy Forbath. [read post]