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3 Mar 2018, 6:14 am by JB
The article explains the topical approach to constitutional argument and contrasts it with Philip Bobbitt’s well-known theory of “modalities” of constitutional argument. [read post]
3 Mar 2018, 6:14 am by JB
The article explains the topical approach to constitutional argument and contrasts it with Philip Bobbitt’s well-known theory of “modalities” of constitutional argument. [read post]
17 Feb 2008, 2:04 pm
   I love Philip Bobbitt's work in Constitutional Interpretation and Constitutional Fate, almost Talmudic in how it sees each issue from every side, and shows how every form of constitutional argumentation can be used for just about any substantive position. [read post]
31 Aug 2013, 12:19 pm by Jack Goldsmith
I have been hard on the President – on this blog last week, and today in the NYT – for what just about everyone (except Philip Bobbitt) thought was going to be his strike in Syria without congressional authorization. [read post]
19 Dec 2006, 7:47 am
Here is the abstract:In his recent book Constitutional Interpretation, Philip Bobbitt claims that the generally accepted modalities are how we understand the Constitution at the ground level, not how we later interpret it. [read post]
9 Oct 2011, 10:56 am by Kenneth Anderson
by Kenneth Anderson So concludes Philip Bobbitt, in an email comment to Ben Wittes, responding to his post on the question raised at Lawfare, here at OJ, and at Volokh, as well as in an opinion piece this morning by the New York Times public editor, Arthur Brisbane. [read post]
24 May 2011, 1:32 am by Lawrence Solum
In it I offer a short primer on the modalities of constitutional argument, as Philip Bobbitt has described them. [read post]
23 Dec 2018, 2:30 pm by David Lat
[Boston Globe] * In this elegant essay, Jane Chong uses two notable new books -- To End a Presidency: The Power of Impeachment, by Laurence Tribe and Joshua Matz, and the updated edition of Charles Black's classic, Impeachment: A Handbook, with a new preface and additional chapters by by Philip Bobbitt (affiliate links) -- as the jumping-off point for reflections on impeachment, law, and politics. [read post]
11 Nov 2018, 3:43 pm by Guest Blogger
Bobbitt is the Herbert Wechsler Professor of Federal Jurisprudence and director for the Center for National Security at Columbia Law School. [read post]
3 Feb 2021, 9:42 am by Frank O. Bowman, III
Recently in these pages, Professor Philip Bobbitt lent his considerable prestige to the proposition that the Constitution bars such a trial. [read post]
12 Sep 2018, 10:06 am by Bob Bauer
The Impeachment Process Earlier this September, Yale University Press produced a new edition of Charles Black’s “Impeachment: A Handbook,” with substantial new scholarship added by Philip Bobbitt. [read post]
15 Sep 2008, 3:25 pm
The ambition here is to discover the function of the War on Terror within an emerging neo-liberal world order.Most useful in that discovery is Philip Bobbitt's Terror and Consent, perhaps the most comprehensive disquisition so far on terrorism and the War on Terror. [read post]
7 Mar 2019, 12:00 am by karen shephard
University of Texas at Austin School of Law – Philip Bobbitt, Distinguished Senior Lecturer, University of Texas at Austin School of Law, as part of the Faculty Colloquia series. [read post]
12 Nov 2016, 7:42 am by Zachary Burdette
Philip Bobbitt commented on Trump, the electoral college, and nuclear deterrence. [read post]
23 Jan 2020, 8:01 am by Hannah Kris
Philip Bobbitt analyzed Alan Dershowitz’s arguments in an op-ed about foreign affairs and executive power that Dershowitz put forth to defend President Trump’s conduct.. [read post]
15 Jan 2019, 10:13 am by Hadley Baker
Philip Bobbitt discussed the details of indicting and prosecuting a sitting president. [read post]
2 Feb 2010, 8:06 am by Ian Bartrum
You should know first that I endorse, and work within, Philip Bobbitt's approach to constitutional argument and interpretation. [read post]
27 May 2009, 3:59 pm
Here is the abstract: This article builds on Philip Bobbitt's Wittgensteinian insights into constitutional argument and law. [read post]
13 Mar 2013, 6:35 pm by JB
(Think about what drives second term presidents, for example.).Arguments from the future do not fit easily into Philip Bobbitt's famous account of the modalities of constitutional argument. [read post]