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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
Maryland (Oxford University Press, 2019).Mark R. [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]
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]
3 Oct 2019, 5:32 am
., October 1, 2019, Graber, S.). [read post]
17 Sep 2019, 5:59 am
" Mark Graber, University of Maryland School of Law "A very accessible guide by two outstanding constitutional scholars to many cases that are taught in almost every class in constitutional law and a few cases that should be taught in almost every class in constitutional law. [read post]
13 Sep 2019, 4:40 am
[Resources for teaching and civic education] In a post yesterday on my class on Trump and the Constitution, I mentioned an archive of hundreds of free, publicly accessible documents in the history of American constitutionalism that Howard Gillman, Mark Graber, and I have produced over the past few years as a companion to our casebooks. [read post]
13 Sep 2019, 4:30 am
In a post yesterday about my class on Trump and the Constitution, I noted the existence of an archive of hundreds of free, publicly accessible primary documents in the history of American constitutionalism that Howard Gillman, Mark Graber, and I have produced over the past few years as a companion to our casebooks. [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]
28 Jun 2019, 6:30 am
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
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
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
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
Mark Graber, The First and Second Founders in Conservative Thought9. [read post]
21 Jun 2019, 8:00 am
Mark Graber, Comparative Labors and Democratic Dysfunction13. [read post]
