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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Coney Barrett had been appointed instead of Brett Kavanaugh, the relevance of the ostensibly irrelevant and ostensibly superseded stuff I’m talking about in this book would be even more obvious (I would venture that it may very well loom larger for Kavanaugh himself twenty years hence).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]
5 Jun 2019, 6:30 am by Guest Blogger
  I thus owe a great debt of thanks to former-student-now-Professor Ken Kersch. [read post]
5 Jun 2019, 6:00 am by JB
This week and next at Balkinization we are hosting a symposium on Ken Kersch's new book, Conservatives and the Constitution: Imagining Constitutional Restoration in the Heyday of American Liberalism (Cambridge University Press, 2019). [read post]
28 May 2017, 1:07 pm by Calvin TerBeek
While it is now fashionable for libertarian and conservative scholars to point to the progressive era as the point the constitutional train went off the tracks -- see Ken Kersch’s and Steven Teles's contributions to this volume -- the implicit comparison between capital-p Progressivism (a movement that can be difficult to define with specificity (see Daniel Rodgers' classic essay "In Search of Progressivism")) and originalism, a… [read post]
21 May 2017, 7:16 pm by Calvin TerBeek
  As Ken Kersch has argued, the reception among conservative intellectuals to Berger’s book, a scholarly polemic designed to demonstrate that the modern Court’s equal protection jurisprudence had strayed far from “the intention of the framers,” was enthusiastic. [read post]