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20 Jun 2019, 12:21 pm
Such an approach was very much on display during the founding as Gienapp shows and, as Mark Graber demonstrates in his article “Constructing Constitutional Politics,” during Reconstruction as well.This is by way of saying that in contrast to some of the symposium participants, I see a number of significant similarities between the “older” originalism of original intention and the “newer” originalism that stresses the original meanings of… [read post]
18 Jun 2019, 6:30 am
In a space of twenty years, a strongly divided America had transformed into what Mark Graber calls the long state of courts and parties.The transition was hardly smooth. [read post]
18 Jun 2019, 6:00 am
” Why not, Mark Graber asks, “Stories About Race/Racial Hierarchies”? [read post]
12 Jun 2019, 6:30 am
Mark Graber notes that in my description of the emerging Democratic coalition, organized labor doesn't seem to be all that important. [read post]
6 Jun 2019, 6:30 am
I begin with the critiques that are offered by Eric Posner, Mark Graber, Gerard Magiacca, and Julia Azari. [read post]
5 Jun 2019, 6:00 am
This is a history of conservative thought about the Constitution before the Reagan Era.We have assembled a terrific group of commentators, including Steve Calabresi (Northwestern), Erwin Chemerinsky (Berkeley), Mark Graber (Maryland), Steve Griffin (Tulane), Andrew Koppleman (Northwestern), Gary Lawson (B.U.), Sandy Levinson (Texas), Ann Southworth (U. [read post]
30 May 2019, 5:24 am
” And at the “Balkinization” blog, Mark Graber has a post titled “More Policy from Justice Thomas. [read post]
28 Apr 2019, 10:02 am
(citing Yijun Zhou, 838 F.3d at 1015-17 (Graber, J., concurring)). [read post]
19 Apr 2019, 2:20 pm
Graber, Keith W. [read post]
19 Apr 2019, 2:03 pm
Graber, Keith W. [read post]
15 Apr 2019, 6:00 am
Mark Graber, Newtonian and Anti-Newtonian Political and Judicial Polarization9. [read post]
14 Apr 2019, 5:00 am
Also important is Mark Graber’s discussion of the need to avoid an assumption of ideological symmetry on the Court. [read post]
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]
