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21 Apr 2022, 6:30 am
For the Balkinization Symposium on Joseph Fishkin and William Forbath, The Anti-Oligarchy Constitution: Reconstructing the Economic Foundations of American Democracy (Harvard University Press, 2022).David Pozen The Anti-Oligarchy Constitution offers a remarkable reimagining of American legal history. [read post]
20 Apr 2022, 6:30 am
For the Balkinization Symposium on Joseph Fishkin and William Forbath, The Anti-Oligarchy Constitution: Reconstructing the Economic Foundations of American Democracy (Harvard University Press, 2022).Emily Zackin Those who see no reasonable prospect of winning in the Supreme Court tend to discover importance of judicial restraint. [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… [read post]
12 Apr 2022, 8:35 am
What Novak has given us can perhaps be seen as a major contribution to an overall narrative of U.S. constitutional development with threelines proceeding in parallel: a state of negative liberty emphasized in one literature, an empowered government in Novak’s account, and a government of positive duties as described in Joseph Fishkin and William Forbath’s Antioligarchy Constitution (to be discussed in a forthcoming Balkinization review symposium). [read post]
18 Mar 2022, 9:30 pm
Graber reviews The Anti-Oligarchy Constitution: Reconstructing The Economic Foundations of American Democracy, by Joseph Fishkin and William Forbath (Democracy). [read post]
12 Feb 2022, 6:53 am
Joseph Fishkin and William E. [read post]
7 Feb 2022, 9:13 am
New Book: Joseph Fishkin & William E. [read post]
5 Feb 2022, 6:52 am
Joseph Fishkin and William Forbath discuss their book The Anti-Oligarchy Constitution: Reconstructing the Economic Foundations of American Democracy on the Digging a Hole podcast. [read post]
17 Dec 2021, 9:30 pm
Caplan also reviews The Anti-Oligarchy Constitution: Reconstructing the Economic Foundations of American Democracy, by Joseph Fishkin and William E. [read post]
27 Oct 2020, 9:01 pm
As I shall explain, any assessment of the relative costs and benefits of these and other proposals depends crucially on what exactly one thinks the problem is.Defining the ProblemMost Democrats see the current problem as one of what legal scholars Joseph Fishkin and David Pozen term “asymmetrical constitutional hardball. [read post]
8 Apr 2020, 7:58 am
” Law professor Joseph Fishkin has this essay online at TPM. [read post]
9 Mar 2020, 6:30 am
Joseph Fishkin, Arguing with Nihilists as the House Burns3. [read post]
5 Mar 2020, 6:30 am
As Joseph Fishkin pointsout in this symposium, there could be a tension between efforts to protect the objective fairness and accuracy of elections and the public’s subjective sense that elections are fair and electoral outcomes are accurate. [read post]
27 Apr 2019, 7:00 am
Rather, as Joseph Fishkin and David E. [read post]
9 Apr 2019, 6:00 am
David Pozen and Joseph Fishkin in their Columbia Law Review essay, “Asymmetic Constitutional Hardball,“ document how conservative Republicans are far more likely than Democrats to overthrow longstanding constitutional conventions, particularly when staffing the federal courts. [read post]
8 Apr 2019, 2:00 am
Northwestern Pritzker School of Law– Joseph R. [read post]
6 Mar 2019, 7:18 am
Through a combination of luck, the Electoral College, and what Professors Joseph Fishkin and David Pozen call “asymmetrical constitutional hardball,” Republican presidents have named 14 of 18 justices in the last 50 years, despite losing the popular vote in a majority of presidential elections during that period. [read post]
26 Feb 2019, 3:30 am
Joseph Fishkin and David Pozen, Asymmetric Constitutional Hardball, 118 Colum. [read post]
13 Dec 2018, 12:14 pm
Here is the abstract: This Response addresses Professors Joseph Fishkin and David Pozen's Asymmetric Constitutional Hardball. [read post]
10 Oct 2018, 2:00 am
University of Tennessee Knoxville College of LawJoseph Fishkin, The Marrs McLean Professor in Law, University of Texas at Austin School of Law, presents today as part of the Faculty Colloquium Series. [read post]
