Search for: "Joey Fishkin"
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8 Mar 2024, 12:51 pm
I think so, and although I might be wrong about that, it is worth thinking about what they might do if they want to push the envelope.In an excellent New York Times op-ed published shortly after oral argument in Moore, Joey Fishkin and Willy Forbath described the possibly much higher stakes in the case:An activist lower court judge, most likely inspired by right-wing constitutional scholars and think tanks, cleverly framed Moore as a grand occasion to rule against some… [read post]
16 Nov 2023, 4:00 am
., dormant Commerce Clause), my students and I have also been looking at broader issues, including questions of political economy (with a lively session on the excellent book by Joey Fishkin and Willy Forbath, The Anti-Oligarchy Constitution) and interpretation (e.g., the relation between law and economics, on one hand, and originalism and textualism, on the other--as discussed in this article by Prof Buchanan and me). [read post]
28 Jun 2023, 10:00 am
We have assembled a terrific group of commentators, including Yasmin Dawood (Toronto), Joey Fishkin (UCLA), Paul Gowder (Northwestern), Mark Graber (Maryland), Sandy Levinson (Texas), Julie Suk (Fordham), and myself.At the conclusion, Martin will respond to the commentators. [read post]
26 Jan 2023, 8:00 am
For the Balkinization 20th Anniversary SymposiumSandy Levinson I have been teaching courses on American constitutional law for almost 50 years. [read post]
19 Jan 2023, 8:00 am
For the Balkinization 20th Anniversary SymposiumJoseph Fishkin & William E. [read post]
17 Jan 2023, 10:00 am
The historical reasons for what Joey Fishkin and Willy Forbath have usefully discussed as a “Great Forgetting” are now the subject themselves of a burgeoning historiography on neoliberalism, deregulation, privatization, the Mont Pelerin Society, anti-administrative constitutionalism, Russian oligarchs, “crack-up” and “disaster” capitalism, and the Chicago School of law and economics. [read post]
27 Dec 2022, 6:30 am
Pam Karlan also hones in that piece from long ago, as does Joey Fishkin. [read post]
16 Nov 2022, 4:00 am
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
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
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
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
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
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
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
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
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
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
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
” 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
” 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]
