Search for: "Philip Bobbitt" Results 101 - 120 of 123
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29 Jan 2018, 8:00 am by Matthew Waxman
PDF Version A review of Noah Feldman’s “The Three Lives of James Madison,” (Random House, 2017). *** I I have long believed two things about constitutional war powers, which my reading of Noah Feldman’s “The Three Lives of James Madison” largely confirmed. [read post]
4 Apr 2015, 6:55 am by Sebastian Brady
Gene Healy of the Cato Institute, Deborah Pearlstein of Cardozo Law, Philip Bobbitt of Columbia Law School, and Akhil Reed Amar of Yale Law School debated the resolution “The president has exceeded his constitutional authority by waging war without congressional authorization. [read post]
23 Mar 2012, 7:31 am by Joshua Matz
At Balkanization, Philip Bobbitt has posted an argument in the form of a mock amicus brief arguing that the Court could uphold the individual mandate under Congress’s power to provide for the “common Defence”; Mary Dudziak replies at the Legal History Blog.   [read post]
30 Oct 2007, 9:56 am
He points out that:When it comes to constitutional interpretation in the United States, certainly at the highest appellate levels (where precedent imposes the least constraint), there is no convergent practice of behavior by judges: they tend towards opportunism (a point famously captured in my colleague Philip Bobbitt's 1982 book on Constitutional Fate, though that was not his primary aim). [read post]
12 Apr 2008, 9:04 am
(On this, see Niall Ferguson's review of my friend and colleague Philip Bobbitt's new book on Terror and Consent: The Wars for the Twenty-first Century, which will appear in tomorrow's New York Times.) 4) I have also recently read William Stevenson's The Man Called Intrepid, about all sorts of irregular and illegal activities that book place both in Great Britain and the United States prior to the formal outbreak of World War II. [read post]
29 Jun 2010, 9:44 am by UChicagoLaw
For those of us who insist to our students that a historical approach to constitutional law (as, for example, Philip Bobbitt lists among his six modalities of constitutional argument) need not be an originalist approach, and that larding a brief with a few citations to The Federalist does not amount to historical analysis, the McDonald decision suggests that the originalism-history equivalence remains distressingly fixed.  [read post]
24 Apr 2008, 4:32 am
On this, see my colleague Philip Bobbitt's new book Terror and Consent . [read post]
29 Jun 2010, 9:29 am by Alison LaCroix - Guest
For those of us who insist to our students that a historical approach to constitutional law (as, for example, Philip Bobbitt lists among his six modalities of constitutional argument) need not be an originalist approach, and that larding a brief with a few citations to The Federalist does not amount to historical analysis, the McDonald decision suggests that the originalism-history equivalence remains distressingly fixed.  [read post]
8 Oct 2019, 7:34 am by Robert Black
” Professor Philip Bobbitt has cited Chief Justice Warren as a leading practitioner of argument from constitutional ethos, the bedrock American values—like fundamental fairness—embodied in our Constitution. [read post]
2 Jan 2018, 8:00 am by Jane Chong
In September, I identified four myths that dog discussions about presidential impeachment. [read post]
2 Feb 2020, 11:48 am by Sandy Levinson
 The answer is not really, for a simple reason:  In terms of what Philip Bobbitt has labeled the "modalities" of constitutional argument, Dershowitz is focusing relentlessly on one of them, "textualism," which relies for its strength on a naive approach to language that can be summarized by "what meaning of 'no' do you not understand? [read post]
31 Dec 2009, 2:09 pm by Kenneth Anderson
That's part of what makes it so "relentlessly tactical," as I have quoted Philip Bobbitt (one of the grand strategists, one of the few who can strategically link military history and strategy, diplomacy, and law). [read post]
11 May 2007, 10:25 am
Constitutional arguments, as Philip Bobbitt has shown us, draw on text, original intent, the constitutional structure, precedent, ethical considerations, and prudence. [read post]
19 Nov 2011, 7:34 pm by The Book Review Editor
Most of the offerings avoid polemic; a notable exception is the editors’ own introductory essay, which has an oddly sneering tone directed particularly at Philip Bobbitt and his book Terror and Consent.   [read post]
4 Dec 2017, 4:00 am by Bob Bauer
Philip Bobbitt raised this possibility in May of this year, and the facts that have since come to light add support to his conjecture. [read post]
25 Mar 2020, 10:38 am by Jack Goldsmith, Ben Miller-Gootnick
“Before Virus Outbreak, a Cascade of Warnings Went Unheeded,” declared the New York Times headline. [read post]
30 Apr 2010, 8:17 am by Patrick S. O'Donnell
Like Zolo, they see it as inescapably an instrument of politics, but they draw very different conclusions, disparaging international law as a passive-aggressive means of curtailing American power, a cheap trick practised by European elites and other anti-American cosmopolitans.”And some of Zolo’s alternative “solutions” sound strangely similar if not identical to those either envisaged or proposed by Philip Bobbitt in his grandiose tome, The Shield of Achilles: War, Peace,… [read post]
1 Apr 2015, 11:21 am by Cody Poplin
Last night’s deadline for a political agreement on Iran’s nuclear program came and went with no news of a deal. [read post]