Search for: "Mark Graber" Results 241 - 260 of 297
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26 Sep 2009, 2:09 am
As Mark Graber has argued persuasively, such splits in the governing coalition create yet further space for the justices to go ahead and rule as they would like. [read post]
26 Aug 2009, 12:01 am
Like the marks at issue in Brookfield and Quiksilver, the Rounded O’ mark and the Angular O’ mark differ in several material respects. [read post]
28 Jun 2009, 6:29 am
And, of course, there is Mark Graber's magnificent book on Dred Scott and the Problem of Constitutional Evil. [read post]
9 Jun 2009, 11:17 am
Put to one side that the Constitution has not "endured for 220 years," unless one recognizes, as Joyce Appleby once put it, that it was "in the shop" over a decade in the 1860s, not least because the bad brakes and slick tires built into the original 1787 Constitution in fact helped drive us over a cliff, as Mark Graber has demonstrated in his magnificent book on Dred Scott. [read post]
9 Jun 2009, 8:29 am
(Mark Graber, incidentally, has written a witty though (to me) ultimately unconvincing critique of my "bad brakes" metaphor, in which he argues, altogether correctly, I concede, that it is often rational to keep driving what you know to be a defective car rather than paying an enormous price for a car (or for repairs) that will inevitably generate its own risks.) [read post]
4 Jun 2009, 1:34 am
Here's the abstract:This essay synthesizes recent writing on the constitutional history of slavery, featuring Mark Graber's Dred Scott and the Problem of Constitutional Evil (2006). [read post]
29 May 2009, 12:55 pm
There's a short debate about it in the LA Times between Ilya Somin and Erwin Chemerinsky, and some interesting posts on the subject from Orin Kerr and Ilya Somin at The Volokh Conspiracy, and from Mark Graber and Susan Bandes at Balkinization (and I'm sure many others I haven't read). [read post]
25 May 2009, 2:48 am
Empathy, so understood, is a basic and necessary tool for making sense of the intentions and actions of others.So, as Mark Graber asks, who could be against empathy? [read post]
11 Apr 2009, 3:23 am
Mark Graber begins his book with the observation that legal scholars almost universally proclaim that the Dred Scott decision was wrong. [read post]
29 Mar 2009, 11:59 pm
Mar. 27, 2009), decision available here.Players: Decision by Judge Graber, joined by Judge Clifton.Facts: Ferguson was indicted on child porn charges for videotaping himself molesting a child. [read post]
12 Mar 2009, 6:07 pm
Mark Graber, University of Maryland School of Law, has posted James Buchanan as Savior? [read post]
3 Mar 2009, 8:13 am
My friend (and fellow Balkinization contributor) Mark Graber often asserts the attractiveness of the Madisonian version of what political scientist Arend Lipjhart has called "consocialitionalism," i.e., the organization of the polity to make sure that it take more than a simple majority to rule. [read post]
8 Feb 2009, 7:36 am
He probably would have beat the Southern Democrat John Breckenridge, who received 72 electoral votes but less than half of Lincoln's popular vote, though Mark Graber, in his essential book on Dred Scott, suggests that an alternative transferrable vote might have made John Bell, the Constitutional Unionist candidate, president instead of Lincoln (and thus forestalled war). [read post]
19 Sep 2008, 11:19 pm
(A tip of the hat to Mark Graber for being the first to emphasize this point in his scholarship.) [read post]
6 Jul 2008, 6:27 pm
" As Fred Schauer, building on the work of our own Mark Graber, demonstrated beyond reasonable doubt in the Harvard Law Review a couple of years ago, the handiwork of the Court is remarkably irrelevant to the "domestic policy" concerns of most Americans. [read post]
19 Jun 2008, 11:19 am
Marks, No. 05-30218 (6-13-08). [read post]
8 Jun 2008, 8:06 pm
On Balkinization, Stephen Griffin reflects on the conference, and Mark Graber writes on "Regime Politics... [read post]
31 May 2008, 12:25 am
Following up on Mark Graber's most recent post on the Supreme Court, consider why we might expect that the Supreme Court will not in fact produce principled results significantly superior to those produced by the national political process. [read post]
30 May 2008, 1:19 pm
Mark Graber writes at Balkinization, When thinking about the role of courts, lawyers, legal scholars and citizens should not automatically treat Brown as a paradigm and such cases as Dred Scott, Hepburn, Pollock and others as anomalies. [read post]