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12 Apr 2017, 6:00 am by Guest Blogger
”[26]  Ratificationists did not necessarily act “solely out of self-interest,”[27] for creditors and government bondholders reasonably believed “government must pay their debts—both as a matter of justice and as a means of maintaining a strong credit rating. [read post]
5 Nov 2008, 2:54 pm
(Put aside that, as Professors Klarman, Powe, and Rosenberg have all shown, the Court is a follower, not a leader, so doesn't matter nearly as much as the... [read post]
1 Jul 2007, 7:27 am
He relies principally on Michael Klarman, author of From Jim Crow to Civil Rights: The Supreme Court and the Struggle for Racial Equality, and he makes it seem as if the answer is reasonably clear, and that the categories (law and society) are separate [read post]
20 Apr 2018, 5:01 am by James Edward Maule
One of those conditions is to make it even easier for the wealthy to restore the oligarchy of feudalism, which is their paradise.Does it matter that Klarman is trying to undo the tax cuts? [read post]
10 Apr 2017, 6:00 am by JB
Klarman argues that, no matter how talented and industrious they might have been, they were ordinary politicians engaged in the most ordinary stratagems of politics.The book's tone is unreservedly unsentimental, often emphasizing the grittier aspects of politics and always pointing to the economic interests that motivated key actors and entities in the drafting and ratification of the Constitution and the Bill of Rights.This is not a story of the clash of grand ideas, or… [read post]
15 Apr 2017, 8:00 am by Guest Blogger
Maybe it doesn’t really matter what the framers were like, any more than it matters what the legislators sitting in Congress in 1953 were like. [read post]
14 Apr 2017, 6:00 am by Sandy Levinson
”  Would the colonies continue to be part of the British Empire and, therefore, ultimately ruled by the King in Parliament, subject to whatever degree of autonomy they chose, as a matter of grace (that could always be withdrawn) to offer the colonies? [read post]
18 Apr 2017, 6:00 am by Mark Graber
 The framers, for example, eased the ratification of the Constitution of the United States by ensuring that the vote that mattered would be the Constitution with lots of powers against the Constitution of hardly any powers. [read post]
7 Jun 2012, 10:40 pm by Mary L. Dudziak
Ambitious legal scholars now make their careers by explaining how, as a descriptive or normative matter,one should not expect courts to be agents of social change. [read post]
16 Apr 2015, 8:18 am by Michael Klarman
As part of our expanded coverage of this month’s oral arguments in the challenges to state bans on same-sex marriage, we are pleased to present this post by Michael Klarman on the history of the same-sex marriage movement and, more broadly, on how constitutional law evolves in the United States. [read post]
18 Sep 2008, 6:35 am
The abortion rate is dropping slightly, but I've seen no clear data on why: whether it is a matter of informed and true choice, or rather the lack of readily available abortion services. [read post]
11 Oct 2008, 11:18 am
New Directions for Reproductive Rights in the U.S.Dawn Johnsen, Why the 2008 Election Matters for Reproductive RightsJohn Donohue, Have "Woman-Protective" Studies Resolved the Abortion Debate? [read post]
17 Oct 2016, 3:03 pm by Sandy Levinson
 The awful fact is that Black lives did not matter to all too many New Dealers, including FDR himself, given the political realities that required accommodating racist supporters of the New Deal for whites. [read post]
15 Nov 2011, 7:13 am by Ken Kersch
While I suppose a traditional law professor approach to the matter would be to have a long debate over the meaning of the word “unusual” in the 8th Amendment, it seems obvious to me that (as Klarman and Powe have recognized) the issue is more general. [read post]
16 Aug 2010, 8:06 am by Amanda Rice
” Finally, in an opinion piece for the Los Angeles Times, Michael Klarman argues that the Court’s decision is likely to be influenced by the fact that public support for same-sex marriage is continuing to build. [read post]
2 Sep 2010, 7:03 am
Former President Clinton received a 5-year suspension from the Arkansas State Bar for false statements he made in the matter with Ms. [read post]
7 Jun 2012, 10:34 pm by Mary L. Dudziak
Ambitious legal scholars now make their careers by explaining how, as a descriptive or normative matter,one should not expect courts to be agents of social change. [read post]
9 Mar 2017, 8:16 am by Christine Corcos
Honorable mentions are also awarded, but awards are not presented in every category in every year.The ABA Gavel Awards Screening Committee, composed of 45 lawyer-members of the ABA, selected the 19 finalists from 156 entries received in all eligible categories, which include books, commentary, documentaries, drama and literature, magazines, multimedia, newspapers, radio and television.Selection criteria include how the entry addresses the Gavel Awards’ purpose and objectives; educational… [read post]
28 Oct 2019, 3:54 am by Mark Graber
  Michael Klarman details how the death of segregation was hastened considerably by the backlash to Brown v. [read post]