Search for: "Joey Fishkin" Results 41 - 57 of 57
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13 Jul 2011, 8:47 pm by Sandy Levinson
And the dysfunctionality would obviously be caused, at least in part, by our Constitution and its utter lack of recognition of the role that political parties would play in our political system (as Joey Fishkin noted). [read post]
3 Aug 2011, 8:54 pm by Jack Balkin
One important question arises in Emily Zackin’s, Doug NeJaime’s and Joey Fishkin’s posts. [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]
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]
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]
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]
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]
2 Aug 2011, 8:31 am by Emily Zackin
I also want to follow up on Joey Fishkin’s question (and on Doug Nejame’s elaboration on that question) about whether the U.S. [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]
10 Jul 2012, 2:11 pm by Edward A. Fallone
  And over at Balkinization, Joey Fishkin has an excellent post on the political implications of the Supreme Court’s ruling in the run up to November’s presidential election and beyond. [read post]
28 May 2015, 9:00 am by Amy Howe
”  Commentary comes from Noah Feldman at Bloomberg View, where he suggests that the Court’s decision “will affect the nature of American democracy for generations to come”; from Seth Lipsky, who in the New York Post similarly suggests that the case could “ignite an earthquake in American politics”; from Joey Fishkin, who at Balkinization argues that the case “comes at the law in a kind of funhouse-mirror reverse, aiming to destroy in… [read post]
10 Jul 2012, 2:11 pm by Edward A. Fallone
  And over at Balkinization, Joey Fishkin has an excellent post on the political implications of the Supreme Court’s ruling in the run up to November’s presidential election and beyond. [read post]
21 Jun 2011, 7:58 am by Nabiha Syed
  At PrawfsBlawg, Sergio Campos parses the Court’s interpretation of the commonality requirement,   while at Balkinization, Joey Fishkin suggests that “Dukes raises the disquieting possibility that rather than inviting litigation, subjective and standardless policies might—for a large enough employer—have the perverse effect of insulating the employer from large-scale litigation by helping to defeat class certification. [read post]
23 Jan 2016, 10:50 am by JB
For the Symposium on the Constitution and Economic InequalityA recurring question that Joey Fishkin and Wily Forbath are likely to face in their work on the Constitution of Opportunity is what the Constitution has to do with their argument. [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]
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]
16 Dec 2013, 6:36 am by Marty Lederman
  As Joey Fishkin explained here, the whole point of the ACA is to create a new universal entitlement—affordable health insurance, including for the specified preventive services. [read post]