Search for: "Mark Graber"
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19 Apr 2019, 2:03 pm
Graber, Keith W. [read post]
17 Jul 2020, 9:46 am
For instance, in light of Mark Graber’s pathbreaking study of Dred Scott (a work too many constitutional scholars have apparently not yet read), a good example is simply accepting the Republican critique of that infamous decision as if there were no case to be made against African American citizenship prior to the adoption of the Thirteenth and Fourteenth Amendments. [read post]
29 Nov 2017, 10:04 am
As Mark Graber has ably argued in Dred Scott and the Problem of Constitutional Evil, there is much to be said, as a strictly legal matter, for this position, at least once one accepts, as I do, Garrison's basic point about the 1787 Constitution's being a "Covenant with Death and an Agreement with Hell. [read post]
7 Apr 2008, 7:50 am
Detailed public disclosure regarding threats made against Brad Mason, Jason Graber, Corey Clagett, William Huntsacker, and Robert Pennington forcing these warriors to lie under oath are imminent.OPPORTUNITYIronically it was the perceived threat of compromise and public disclosure that led us to where we find ourselves this day. [read post]
18 Apr 2007, 8:20 pm
Mark Graber has pointed out that constitutional questions often get settled when one side gives up. [read post]
21 Dec 2023, 9:02 pm
No other legal historian has made as extensive a study of Section 3 as Professor Mark Graber, who recently noted that “many participants in framing, ratifying and implementation debates over constitutional disqualification . . . explicitly” made the point that Section 3 covered the presidency.Another objection we might hear from Trump or his allies is that Section 3 of the Fourteenth Amendment does not apply outside the context of the Civil War. [read post]
18 Nov 2023, 6:52 pm
Scholars such as Mark Graber have provided extensive evidence that they did (see here and here). [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]
25 Jul 2021, 4:50 pm
Research and Resources Playing Fair in the Privacy Sandbox: Competition, Privacy and Interoperability Standards, Mark Nottingham University of Melbourne – Melbourne Law School, Artificial Illusions: Deepfakes as Speech, Intersect Vol. 14 No. 3 (2021), Nicolas Graber-Mitchell, Amherst College Integrating Law, Technology and Design: Teaching Data Protection & Privacy Law in a Digital Age, Marcelo Corrales Compagnucci, Centre for Advanced Studies in Biomedical Innovation Law… [read post]
31 Jan 2010, 4:29 pm
IntroductionThe counter-majoritarian difficulty may be the best known problem in constitutional theory. [read post]
9 Sep 2012, 1:42 pm
Introduction The counter-majoritarian difficulty may be the best known problem in constitutional theory. [read post]
1 May 2023, 5:51 am
Backgrounders Mark A. [read post]
22 May 2011, 2:36 pm
Introduction The counter-majoritarian difficulty may be the best known problem in constitutional theory. [read post]
13 Aug 2019, 2:48 pm
For the symposium on Lawrence Lessig, Fidelity and Constraint: How the Supreme Court Has Read the American Constitution (Oxford University Press, 2019).I am grateful to Jack Balkin and the Balkinization blog for the careful and powerful collection of review essays based on my book Fidelity & Constraint (2019). [read post]
4 Feb 2024, 1:01 pm
[Justice Scalia erred because there are no “Officers of the United States” appointed outside Article II, Section II.] [read post]
8 Feb 2024, 9:36 am
[A reply to Prof. [read post]
20 Aug 2012, 8:17 am
This is certainly the theme of recent overviews of the Court written by such scholars as Barry Friedman, Michael Klarman, or Lucas Powe, not to mention Mark Graber’s classic demonstration of the way that the Court has often accepted invitations given it by ostensible majoritarian political parties to decide political hot potatoes whose legislative resolution would simply be too risky. [read post]
11 Sep 2012, 12:36 pm
Graber, Keith E. [read post]
7 Feb 2024, 7:47 pm
A Reply to Mark Graber's "Legislative Primacy and the Fourteenth Amendment, Balkinization (4/22/2022). [read post]
16 Sep 2023, 2:47 pm
As Steve Calabresi admits, and Mark Graber shows in detail (here and here), the congressional drafters of the 14th Amendment routinely spoke of the presidency as an officer of or "under" the United States and gave no indication it was somehow exempt. [read post]
