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28 Jun 2019, 6:30 am by JB
For the symposium on Lawrence Lessig, Fidelity and Constraint: How the Supreme Court Has Read the American Constitution (Oxford University Press, 2019).Fidelity and Constraintis a dazzling book-- crammed full of interesting ideas and a wealth of remarkable reinterpretations of the Constitutional canon-- written in an engaging and accessible style.There is so much packed into this book, in fact, that I will not be able to discuss all of its key ideas in a single blog post. [read post]
25 Jun 2019, 6:30 am by Guest Blogger
For the symposium on Lawrence Lessig, Fidelity and Constraint: How the Supreme Court Has Read the American Constitution (Oxford University Press, 2019).Pamela BrandweinIn Fidelity and Constraint, Lawrence Lessig takes up the problem of constitutional change. [read post]
24 Jun 2019, 6:30 am by JB
The book extends Lessig's theory of constitutional fidelity as translation to argue that the Supreme Court has, over its history, balanced the obligation of fidelity to meaning with the obligation of fidelity to the judicial role.We have assembled a terrific group of commentators, including Pamela Brandwein (Michigan), Ryan Doerfler (Chicago), Mark Graber (Maryland), Sandy Levinson (Texas), Gerard Magliocca (Indiana), John Mikhail (Georgetown), and Larry Solum (Georgetown)At… [read post]
24 Jun 2019, 6:30 am by Guest Blogger
The book extends Lessig's theory of constitutional fidelity as translation to argue that the Supreme Court has, over its history, balanced the obligation of fidelity to meaning with the obligation of fidelity to the judicial role.We have assembled a terrific group of commentators, including Pamela Brandwein (Michigan), Ryan Doerfler (Chicago), Mark Graber (Maryland), Sandy Levinson (Texas), Gerard Magliocca (Indiana), John Mikhail (Georgetown), and Larry Solum (Georgetown)At… [read post]
21 Jun 2019, 10:30 am by JB
Mark Graber, The First and Second Founders in Conservative Thought9. [read post]
21 Jun 2019, 8:00 am by JB
Mark Graber, Comparative Labors and Democratic Dysfunction13. [read post]
20 Jun 2019, 12:21 pm by Stephen Griffin
  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 by JB
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 by Guest Blogger
”  Why not, Mark Graber asks, “Stories About Race/Racial Hierarchies”? [read post]
12 Jun 2019, 6:30 am by JB
 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 by Sandy Levinson
  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 by JB
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 by Howard Bashman
” And at the “Balkinization” blog, Mark Graber has a post titled “More Policy from Justice Thomas. [read post]
15 Apr 2019, 6:00 am by JB
Mark Graber, Newtonian and Anti-Newtonian Political and Judicial Polarization9. [read post]
14 Apr 2019, 5:00 am by Guest Blogger
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 by JB
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 by rhapsodyinbooks
Taney Mark Graber begins his book with the observation that legal scholars almost universally proclaim that the Dred Scott decision was wrong. [read post]