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11 Jan 2024, 7:38 am by Will Baude
In response to the "new source" described in Josh's recent post (and Tillman's recent amicus brief, and earlier in this short SSRN piece by John Connolly) Professor Mark Graber writes at Balkinization: Eureka Not: The President is an Officer of the United States Redux, Redux . . . [read post]
23 Feb 2013, 6:24 am by Guest Blogger
Consider the case of John Hart Ely, who in 1973 wrote a famous critique of Roe v. [read post]
29 Jan 2024, 9:30 pm by ernst
  We’ll post Mark Grabers when we have the link.Update: Here is the Harvard Crimson on the Professors Faust and Lepore's participation on the brief. [read post]
12 Nov 2019, 6:30 am by Dan Ernst
Balkinization is hosting a symposium on David Schwartz’s new book, The Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch v. [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… [read post]
15 Oct 2018, 7:50 am by JB
This week and next at Balkinization we are hosting a symposium on Jonathan Gienapp's new book, The Second Creation: Fixing the American Constitution in the Founding Era (Belknap Press 2018).We have assembled a terrific group of commentators, including Will Baude (Chicago), Mark Graber (Maryland), Steve Griffin (Tulane), Alison LaCroix (Chicago), Sanford Levinson (Texas), Gerard Magliocca (Indiana), Bernadette Meyler (Stanford), John Mikhail (Georgetown), Christina… [read post]
11 Nov 2019, 6:00 am by John Mikhail
This week and next at Balkinization we are hosting a symposium on David Schwartz’s new book, The Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch v. [read post]
2 Apr 2019, 5:30 am by JB
This week at Balkinization we are hosting a symposium on Neal Devins and Lawrence Baum's new book, The Company They Keep: How Partisan Divisions Came to the Supreme Court (Oxford University Press, 2019).We have assembled a terrific group of commentators, including Mark Graber (Maryland), Linda Greenhouse (Yale), Rick Hasen (U.C. [read post]
24 Jun 2019, 6:30 am by Guest Blogger
The book extends Lessig's theory of constitutional fidelity as translation to argue that the Supreme Court has, over its history, balanced the obligation of fidelity to meaning with the obligation of fidelity to the judicial role.We have assembled a terrific group of commentators, including Pamela Brandwein (Michigan), Ryan Doerfler (Chicago), Mark Graber (Maryland), Sandy Levinson (Texas), Gerard Magliocca (Indiana), John Mikhail (Georgetown), and Larry Solum… [read post]
24 Jun 2019, 6:30 am by JB
The book extends Lessig's theory of constitutional fidelity as translation to argue that the Supreme Court has, over its history, balanced the obligation of fidelity to meaning with the obligation of fidelity to the judicial role.We have assembled a terrific group of commentators, including Pamela Brandwein (Michigan), Ryan Doerfler (Chicago), Mark Graber (Maryland), Sandy Levinson (Texas), Gerard Magliocca (Indiana), John Mikhail (Georgetown), and Larry Solum… [read post]
6 Dec 2019, 10:30 am by JB
Madison: John Marshall’s Effort to Bury Madisonian Federalism6. [read post]
17 Apr 2008, 8:24 am
Alas, the constitutional support for Yoo's position is gaining strength. [read post]
14 Aug 2019, 6:00 am by JB
John Mikhail, Lessig's Defensive Crouch Constitutionalism.10. [read post]
1 Nov 2018, 8:00 am by JB
John Mikhail, Fixing the Constitution's Implied PowersJonathan Gienapp, The Founding and the Origins of Our Constitutionalism, Part IJonathan Gienapp, The Founding and the Origins of Our Constitutionalism, Part IIJonathan Gienapp, The Founding and the Origins of Our Constitutionalism, Part III [read post]
11 Mar 2024, 9:30 pm by ernst
  The conference is occasioned by the publication of Professor Mark Grabers book Punish Treason, Reward Loyalty: The Forgotten Goals of Constitutional Reform after the Civil War (University Press of Kansas, 2023). [read post]
28 Jun 2009, 6:29 am
And, of course, there is Mark Graber's magnificent book on Dred Scott and the Problem of Constitutional Evil. [read post]
24 Aug 2021, 11:50 am
  On the merits, I can find no fault with Judge Graber's opinion.But I'll add one thing. [read post]