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27 May 2015, 1:38 pm
Following up on the recent posts by Joey Fishkin and David Gans on the Evenwel case that the Court has decided to hear, I thought it might be worth posting the argument made by the United States the last time this issue reached the Court, in the government's brief in opposition to certiorari in County of Los Angeles v. [read post]
11 Dec 2013, 7:28 pm
Meanwhile, here at Balkinization, we’ve already published several important posts—this one by Joey Fishkin, and a series of three posts on the Establishment Clause questions raised in the case—here, hereand here—co-authored by Micah Schwartzman, Rich Schragger and Nelson Tebbe. [read post]
13 Jul 2011, 8:47 pm
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
One important question arises in Emily Zackin’s, Doug NeJaime’s and Joey Fishkin’s posts. [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]
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]
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]
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]
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]
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]
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]
10 Jul 2012, 2:11 pm
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
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]
28 May 2015, 9:00 am
” 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]
2 Aug 2011, 8:31 am
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
” 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
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]
23 Jan 2016, 10:50 am
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]
19 Jan 2023, 8:00 am
For the Balkinization 20th Anniversary SymposiumJoseph Fishkin & William E. [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]
