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2 Apr 2019, 5:30 am
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]
6 Mar 2019, 12:01 am
Taney Mark Graber begins his book with the observation that legal scholars almost universally proclaim that the Dred Scott decision was wrong. [read post]
19 Feb 2019, 2:34 pm
9:00am-10:45amChair: Daniel Brinks (Texas)Jan-Werner Müeller (Princeton)Vlad Perju (Boston College)Wojciech Sadurski (Sydney)Kim-Lane Scheppele (Princeton) Session II: The Erosion of Constraints on Executive Power11:00am-12:45pmChair: Zachary Elkins (Texas)Asli Bâli (UCLA)Mark Graber (Maryland)Russell Miller (Washington & Lee)Miguel Schor (Drake)Session III: Managing Difference and… [read post]
30 Oct 2018, 8:00 am
In other words, only from the perspective of a new kind of fixity born in the 1790s did the enduring contest that treats originalism and living constitutionalism as warring alternatives become intelligible.With this account of fixity in mind, I would modify Mark Graber’s suggestive framework for comprehending when constitutional actors appeal to fixity. [read post]
23 Oct 2018, 10:36 am
” In earlier entries in that symposium, Mark Graber has a post titled “Fixation as a Constitutional Rhetoric. [read post]
15 Oct 2018, 7:50 am
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 Mulligan… [read post]
15 Oct 2018, 4:05 am
(Mark Graber, Sanford Levinson, Mark Tushnet, eds., Oxford University Press, 2018 Forthcoming)).Marie T. [read post]
18 Sep 2018, 12:24 pm
Graber, Sanford Levinson and Mark Tushnet (Oxford Univ. [read post]
24 Aug 2018, 9:30 pm
” H/t (and Graber's fuller description) Balkinization. [read post]
14 Jun 2018, 8:24 am
Meyerson and Mark Graber had no trouble speaking about issues that were in court as recently as this week during a program ... [read post]
12 Jun 2018, 12:23 pm
One of the reasons I have become so critical of the Constitution is that, as Mark Graber has pointed out, it is structured so as to assure that no national elected office-holder, including the President, truly has an incentive to think about the "national good. [read post]
8 Jun 2018, 12:30 pm
Richardson School of Law, University of Hawai'i · Retaliating Against Black Worker Protest With Incendiary Speech—Michael Green, Texas A&M University School of Law FRIDAYRoundtable—The Fourteenth Amendment at 150: Understanding its Historical and Contemporary Implications Fri, 6/8: 8:00 AM—9:45 AM, Sheraton Centre Toronto, Cedar · … [read post]
5 Jun 2018, 7:02 pm
Key to understanding Mark's hypo, I think, is the assumption that the successor to the murderous VP, if displaced, would necessarily be the Speaker of the House from the opposition party. [read post]
23 May 2018, 9:30 pm
”--Mark A. [read post]
16 May 2018, 6:04 am
" I liked Sandy Levinson and Mark Graber's recent article, The Constitutional Powers of Anti-Publian Presidents: Constitutional Interpretation in a Broken Constitutional Order, lots. [read post]
16 May 2018, 3:30 am
Sanford Levinson & Mark A. [read post]
27 Apr 2018, 9:30 pm
Congratulations to Anne Fleming, Georgetown Law, upon her election to the Board of Trustees of the Business History Conference.Keith Whittington’s Workshop in Constitutional Development at Princeton had quite a double bill last Monday: "The Jacksonian Makings of the Taney Court," by Mark Graber, University of Maryland Francis King Carey School of Law; and "Building the Administrative State: Courts and the Admission of Chinese Persons to the United States,… [read post]
23 Apr 2018, 2:18 pm
As it happens, Mark Graber and I have almost literally just published an article in the Chapman Law Review, in a symposium on executive power, that argues that Donald Trump is a decidedly "non-Publian" president who is entitled to little or no deference. [read post]
23 Apr 2018, 6:30 am
The latest volume in the series The Complete American Constitutionalism, by Mark A. [read post]
18 Mar 2018, 2:50 pm
Mark Graber has argued that the First Amendment should protect Stormy Daniels' violation of her nondisclosure agreement with Donald Trump. [read post]
