Search for: "Philip Bobbitt"
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24 Jul 2020, 8:36 am
President Trump continues to misuse the constitutional power to pardon. [read post]
29 Jan 2018, 8:00 am
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 May 2008, 10:06 am
This gap between left and right over the formation and role of elites has large implications for the notion of nation-state, cosmopolitanism, and the things Philip Bobbitt talks about re ‘market states' in his brilliant new book, Terror and Consent. [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]
26 Feb 2021, 4:48 pm
Baroness Helena Kennedy QC Director, IBA Human Rights Institute moderated a distinguished panel of legal scholars including Professor Laurence Tribe, Harvard University; Professor Philip Bobbitt, Columbia University; Elaine Kamarck, Founding Director of the Center for Effective Public Management at the Brookings Institution; and Jonathan Freedland, political commentator and contributor to the Guardian, London. ● The recent GNI Learning Forum, “What Does… [read post]
13 Oct 2010, 6:57 am
* The Dynamic Relationship Between Law and Strategic Context: The American experience in Iraq lends support to the argument, associated with Philip Bobbitt, that law and strategic context exist in dynamic relationship. [read post]
8 Oct 2019, 7:34 am
” 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]
29 Jun 2010, 9:29 am
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]
2 May 2011, 8:31 am
Fourthly, there is another “Comment is Free” piece, this time by US law professor Philip Bobbitt entitled “Injunctions protect the public sphere“. [read post]
4 Apr 2015, 6:55 am
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]
10 Jan 2024, 1:27 am
Bobbitt Herbert Wechsler Professor of Federal Jurisprudence Columbia Law School Corey Brettschneider Professor of Political Science Brown University Erwin Chemerinsky Dean and Jesse H. [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]
24 Apr 2008, 4:32 am
On this, see my colleague Philip Bobbitt's new book Terror and Consent . [read post]
29 Jun 2010, 9:44 am
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]
18 Jun 2007, 9:39 am
., and I hope that he puts all the work he has done over the past decade into a book on the general question of American policy and international law.Alas, John Ryle was in Sudan this week, not London, and Philip Bobbitt was traveling someplace else too.Meanwhile, I am actually in DC as I write this, not London. [read post]
11 Dec 2018, 3:13 pm
In a court filing submitted last week to the U.S. [read post]
20 Oct 2011, 12:53 am
Drawing inspiration from a passage in US constitutional scholar Philip Bobbitt’s study “The Shield of Achilles” (see para. 3 of the speech), Lord Neuberger introduced his speech by saying that: The growth of technology, and especially of the internet, regulatory reform, recent and possibly further constitutional reform, the present economic situation and, if Bobbitt is right, the transformation of the nation-state into the market state, all suggest that… [read post]
5 Jul 2022, 9:01 pm
In today’s column, I criticize its reliance on the views of liberal scholars.In a single paragraph, Justice Alito cites John Hart Ely, Archibald Cox, Laurence Tribe, Mark Tushnet, Philip Bobbitt, and Akhil Amar for the proposition that the reasoning of Roe v. [read post]
29 Oct 2021, 7:00 am
Like Philip Bobbitt’s The Shield of Achilles, it is a grand, overarching narrative of constitutional development that attributes primary import to geostrategic factors, and, like all overarching narratives, it is undoubtedly subject to inevitable nominalist arguments that Albania or Zanzibar, let alone other countries in between, is importantly different. [read post]
2 Feb 2020, 11:48 am
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]
