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2 Apr 2010, 12:38 am by David Kopel
As Jack Balkin, Sandy Levinson, and others have ably pointed out, “constitutional” can be used in a different way, in that people express aspirations about what the Constitution should mean, even if that meaning is contrary to current precedents. [read post]
1 Apr 2010, 8:21 am by Dan Markel
Jack Balkin, Danielle Citron, Orin Kerr, Kim Krawiec, Frank Pasquale, Gordon Smith, Al Brophy, Christine Hurt, Sandy Levinson, Mary Dudziak, and Dave Hoffman have all agreed to give up their perches for the month and join us at PrawfsBlawg. [read post]
24 Mar 2010, 5:57 am by Adam Chandler
”  Sandy Levinson at Balkinization, however, remains unconvinced: “I continue to believe that it is extremely unlikely that even the current conservative Republican Supreme Court would strike down the bill. [read post]
9 Mar 2010, 7:39 pm by Lawrence Cunningham
   Larry Solum (Legal Theory Blog) Jack Balkin (Balkinization) Gene Volokh (Volokh Conspiracy) Orin Kerr (Volokh Conspiracy) Dick Posner (Becker-Posner) Kim Krawiec (Faculty Lounge) Al Brophy (Faculty Lounge) Sandy Levinson (Balkinization) Steve Bainbridge (Professor Bainbridge) Dan Solove (Concurring Opinions) Rick Hills (Prawfs) Paul Horwitz (Prawfs) David Luban (Balkinization) William Henderson (ELS) Dan Markel (Prawfs) Danille Citron (Concurring Opinions) Frank… [read post]
22 Feb 2010, 6:48 am by Brian Leiter
My esteemed former colleague Sandy Levinson notices. [read post]
8 Feb 2010, 11:53 am by Jon
Below is an op-ed article in reply to that of Sandy Levinson that appeared Sunday, Feb. 7, in the Austin American-Statesman. [read post]
8 Feb 2010, 5:00 am by Howard Wasserman
And I suppose everyone is just channeling Sandy Levinson, who has been arguing for several years that the Senate is a democratically abhorrent institution that undermines everything the federal government can or wants to do. [read post]
6 Feb 2010, 4:44 pm by Jeff Sovern
  For example, Sandy Levinson has referred to him as an "extortionate thug" on the Balkinization Blog, while Times columnist Gail Collins ridiculed his hold as "a dramatic gesture, one Shelby must have felt was so important that he took time out from his normal duties blocking all progress on creating a consumer protection agency for financial products. [read post]
5 Feb 2010, 9:37 am by JB
But if the President does nothing, and argues that there is nothing he can do to persuade the Senate to change its mind because the Senate gets to determine its own rules under Article I, section 5, we face what Sandy Levinson and I have called a Type Two constitutional crisis-- in which acceptance of the political rules of the game sends the country over a cliff.Article IV of the Constitution requires that the United States guarantee a republican form of government--… [read post]
2 Feb 2010, 11:37 am by Tom Smith
(Here is one of the more reasonable reactions, from Sandy Levinson.) [read post]
31 Jan 2010, 5:03 pm by Howard Wasserman
[Update: Sandy Levinson weighs in, calling this a textbook example of unconstitutional conditions, the type that would outrage liberals if it were attached to, for example, NEA funds). [read post]
31 Jan 2010, 4:29 pm by Lawrence Solum
IntroductionThe counter-majoritarian difficulty may be the best known problem in constitutional theory. [read post]
27 Jan 2010, 6:35 am by JB
It is whether he is willing to remake the political assumptions of the political world he inherited or whether he is willing to accept them and live within them.As Sandy Levinson and I predicted, Obama has largely continued the construction of the national surveillance state and followed many of the anti-terrorism policies of the Bush Administration while eschewing only their worst features.Domestically, Obama has effectively conceded that the Republican party's vision of the… [read post]
23 Jan 2010, 7:35 am by JB
Sandy Levinson's and my theory of partisan entrenchment argues that Presidents generally attempt to install jurists who agree with their constitutional and policy positions on the issues most important to them. [read post]
3 Jan 2010, 7:16 pm by Mark Tushnet
As Sandy Levinson's posts (including the most recent) have suggested, when we think about the current administration and the Supreme Court, our thoughts almost inevitably turn to the mid-1930s. [read post]
21 Dec 2009, 5:15 am by JB
What ails the system does not require a constitutional amendment (pace my dear friend Sandy Levinson). [read post]
7 Dec 2009, 5:48 am
At Balkinization, Sandy Levinson argues that Linda Greenhouse’s suggestion that the Court has effectively imposed a lower standard for ineffective assistance of counsel in death penalty appeals for veterans could be seen as a form of affirmative action. [read post]
21 Oct 2009, 11:08 am
 To that extent, while I agree with Alito in marveling at some of the rather silly arguments on this question that have been made by serious people in serious publications, I do not think it is impossible or impermissible for serious people to ask serious questions in serious publications about these issues (Sandy Levinson being exhibit A here). [read post]