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29 Apr 2020, 6:30 am
Mark Graber, Constitutional and Generational Change8. [read post]
28 Apr 2020, 6:30 am
Twenty years later, Jack has once again given me a very special opportunity, this time by convening a symposium on my book entitled Constitutional Amendments: Making, Breaking, and Changing Constitutions(Oxford University Press, 2019), featuring colleagues I admire dearly—Erin Delaney (Northwestern), Mark Graber (Maryland), David Landau (Florida State), Sandy Levinson (Texas), Gene Mazo (Rutgers), and Julie Suk (CUNY). [read post]
21 Apr 2020, 3:09 am
Also related: Federalist Society video panel last summer on “Early State Constitutions and Their Influence on the Legislative Branch” with Lynn Uzzell, John Dinan, Mark Graber, moderated by Julie Silverbrook; ConSource.org resource on constitutional history. [read post]
3 Apr 2020, 6:30 am
Mark Graber, Extraordinary and Ordinary Government Speech 10. [read post]
11 Mar 2020, 6:00 am
This week and next at Balkinization we are hosting a symposium on Helen Norton's new book, The Government's Speech and the Constitution (Cambridge University Press, 2019).We have assembled a terrific group of commentators, including Corey Brettschneider (Brown), Josh Chafetz (Cornell), Caroline Mala Corbin (Miami), Nathan Cortez (SMU), Mark Graber (Maryland), Fred Schauer (Virginia), Rich Schragger (Virginia), Nelson Tebbe (Cornell), and Sonja R West" (Georgia).At… [read post]
28 Feb 2020, 8:00 am
Not because we know enough to have an opinion on the merits, but because we're not immune from the appeal of snark in a title, we smiled when we saw that Mark Graber, University of Maryland Francis King Carey School of Law, has posted Ship Money: The Case that Time and Whittington Forgot, which is forthcoming in Constitutional Commentary:The absence of Ship-Money from the canon of judicial review creates a lacuna in the scholarship on the theoretical foundations for judicial… [read post]
24 Feb 2020, 11:24 am
Graber, “Passive-Aggressive Virtues: Cohens v. [read post]
6 Dec 2019, 10:30 am
Mark Graber, McCulloch and Fundamental Rights Regimes9. [read post]
4 Dec 2019, 9:22 am
Mark Graber, University of Maryland School of Law, has published The Unwritten Constitutions of the United States as University of Maryland Legal Studies Research Paper No. 2019-13. [read post]
4 Dec 2019, 9:22 am
Mark Graber, University of Maryland School of Law, has published The Unwritten Constitutions of the United States as University of Maryland Legal Studies Research Paper No. 2019-13. [read post]
2 Dec 2019, 12:15 pm
” But the Court has frequently assumed otherwise, and it is this view, I argue, that has led it to ignore McCulloch’s full implications for most of the past 200 years.Franita Tolson and Mark Graber use my brief treatment of McCulloch and the Reconstruction Amendments as a springboard for a stimulating discussion of the enforcement clauses. [read post]
12 Nov 2019, 6:30 am
Contributors are Mark Graber (Maryland), Mark Killenbeck (Arkansas), Kurt Lash (Richmond), Sanford Levinson (Texas), John Mikhail (Georgetown), Christina Mulligan (Brooklyn), Victoria Nourse (Georgetown), Richard Primus (Michigan), and Franita Tolson (USC).And over at U.S. [read post]
12 Nov 2019, 6:30 am
Maryland (Oxford University Press, 2019).Mark R. [read post]
11 Nov 2019, 6:00 am
Maryland (Oxford University Press, 2019).We have assembled a terrific group of commentators, including Mark Graber (Maryland), Mark Killenbeck (Arkansas), Kurt Lash (Richmond), Sanford Levinson (Texas), Christina Mulligan (Brooklyn), Victoria Nourse (Georgetown), Richard Primus (Michigan), Franita Tolson (USC), and myself.At the conclusion, David will respond to the commentators. [read post]
2 Nov 2019, 6:30 am
Mark Graber, Practical Equality and Rotten Compromises.6. [read post]
1 Nov 2019, 6:30 am
For the symposium on Robert Tsai, Practical Equality: Forging Justice in a Divided Nation (Norton 2019).Robert Tsai My thanks to Mark Graber and Jack Balkin for hosting this Balkinization symposium on my new book, Practical Equality. [read post]
21 Oct 2019, 6:30 am
Murray Faculty Scholar, University of Pittsburgh School of Law; Mark Graber, University System of Maryland Regents Professor; Ariela J. [read post]
21 Aug 2019, 9:20 am
Chappell, No. 14-99004 (8-9-19)(Thomas w/Graber & M. [read post]
14 Aug 2019, 6:00 am
Mark Graber, Translation as Constitutive.9. [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]