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21 Jun 2022, 8:00 am by Joseph Fishkin
We don’t have space here to respond to everything in the terrific bunch of responses from Emily Zackin, David Pozen, Mark Tushnet, Kate Andrias, Ken Kersch, Gerald Torres, Bertrall Ross, and Mark Graber. [read post]
24 Apr 2022, 6:30 am by Guest Blogger
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).Ken Kersch In Conservatives and the Constitution(Cambridge, 2019), I detailed the extent to which, long before the ascendence of legalist originalism, the postwar American conservative movement enlisted appeals to constitutional fidelity, redemption, and restoration in the… [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]
11 May 2020, 3:17 am by Walter Olson
[Mike Rappaport and followup post, both 2018] And now for something completely different: “Ayn Rand, Gary Lawson, and the Supreme Court” [Balkinization symposium last summer on Ken Kersch book Conservatives and the Constitution, more; unrelated but also about Lawson] Tags: Article V, constitutional law, COVID-19 virus, Fourth Amendment, judges, Ninth Circuit, public health, Supreme Court [read post]
30 Jun 2019, 6:30 am by Sandy Levinson
Larry Lessig is clearly one of the most interesting and imaginative scholars within the legal academy, and he has written a book that fully vindicates the enthusiastic blurbs it receives (from myself, as well as others). [read post]
21 Jun 2019, 10:30 am by JB
Balkin, Introduction to Balkinization Symposium on Ken Kersch, Conservatives and the Constitution2. [read post]
18 Jun 2019, 6:00 am by Guest Blogger
For the symposium on Ken Kersch, Conservatives and the Constitution (Cambridge University Press, 2019).Ken I. [read post]
16 Jun 2019, 8:00 am by Guest Blogger
For the symposium on Ken Kersch, Conservatives and the Constitution (Cambridge University Press, 2019).Ken I. [read post]
15 Jun 2019, 8:44 am by Mark Tushnet
I highlight a comment in Ken Kersch's post: "If Amy Coney Barrett had been appointed instead of Brett Kavanaugh, the relevance of the ostensibly irrelevant and ostensibly superseded stuff I’m talking about in this book would be even more obvious (I would venture that it may very well loom larger for Kavanaugh himself twenty years hence). [read post]
15 Jun 2019, 8:00 am by Guest Blogger
For the symposium on Ken Kersch, Conservatives and the Constitution (Cambridge University Press, 2019).Ken I. [read post]
13 Jun 2019, 5:30 am by Guest Blogger
For the symposium on Ken Kersch, Conservatives and the Constitution (Cambridge University Press, 2019).Gary Lawson                       In my previous post on Ken Kersch’s Conservatives and the Constitution, I wrote about the book that Ken wrote. [read post]
11 Jun 2019, 6:30 am by Mark Graber
For the symposium on Ken Kersch, Conservatives and the Constitution (Cambridge University Press, 2019). [read post]
10 Jun 2019, 6:30 am by Andrew Koppelman
  Ken Kersch’s Conservatives and the Constitutionsuggests that this transformation has deep roots in the right wing intellectual movements of the mid-twentieth century. [read post]
9 Jun 2019, 6:30 am by Stephen Griffin
For the symposium on Ken Kersch, Conservatives and the Constitution (Cambridge University Press, 2019).Ken Kersch’s wonderfully provocative book is one that everyone interested in American constitutionalism ought to read. [read post]
8 Jun 2019, 6:30 am by Guest Blogger
Ken Kersch’s book, Conservatives and the Constitution: Imagining Constitutional Restoration in the Heyday of American Liberalism, urges us to pay attention to an earlier period and to other players and broader processes. [read post]
7 Jun 2019, 6:30 am by Sandy Levinson
For the symposium on Ken Kersch, Conservatives and the Constitution (Cambridge University Press, 2019).I am delighted to have this opportunity to praise and begin to assess the importance of Ken Kersch's truly remarkable book Conservatives and the Constitution. [read post]
6 Jun 2019, 7:30 am by Mark Tushnet
Ken Kersch's wonderful book illuminates the political scientists' versions of originalism, but sheds only indirect light on the lawyers'.The reason, I think, is that the the political scientists' concerns were quite different from the law professors'. [read post]