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6 May 2014, 6:52 am by Guest Blogger
 In a powerful dissenting opinion (rightly praised by Sandy Levinson below), Justice Kagan raises the possibility of prayer in the courtroom before a trial, prior to a naturalization ceremony, at a polling place on election day, or at the DMV. [read post]
23 Aug 2018, 6:22 am by Mark Graber
Last fall, Sandy Levinson, Mark Tushnet and I asked thirty-five of the leading experts on constitutionalism to consider the state of constitutional democracy with respect to particular countries, regions and problems. [read post]
1 May 2022, 6:30 am by Guest Blogger
Guest Blogger This post was prepared for a roundtable on Reforming the Supreme Court of the United States, convened as part of LevinsonFest 2022—a year-long series gathering scholars from diverse disciplines and viewpoints to reflect on Sandy Levinson’s influential work in constitutional law. [read post]
26 Jun 2023, 6:30 am by Guest Blogger
Sandy Levinson is surely correct that James Madison left much to be desired as a constitutional theorist, throwing out ideas that he did not fully explain or develop. [read post]
18 Apr 2007, 8:20 pm
Roe would enter what Sandy and I call the "anti-canon"; it would become the canonical example of how one shouldn't decide constitutional cases. [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]
23 May 2007, 11:53 am
Even at Yale, which has long had a reputation for not caring much about law at all, this simply isn't the case.Apropos of Yale's reputation, this post wouldn't be complete without poking a little fun at my own law school, so let me close with this story, which Sandy Levinson likes to tell. [read post]
14 Jul 2007, 12:06 pm
Finally, if we limit ourselves for the moment only to the members of this blog, Sandy Levinson's and my theory of constitutional change, partisan entrenchment, is primarily concerned with the effects of judicial nominations.Reading the conservative responses Tom also suggested that "There was a repeated view (not surprising from conservative sites, but not entirely meritless) that the left lacks great "heavy hitting" intellects comparable to,for example, Posner,… [read post]
17 Aug 2023, 8:55 am by Jonathan H. Adler
This paper is "highly recommended" by Larry Solum, as is this competing view offered by Jack Balkin and Sandy Levinson. [read post]
18 Mar 2007, 5:14 pm
Rev. 34 (1992) quickly became a cause celebre, producing an entire symposium issue of responses in the Michigan Law Review, including one by Sandy Levinson of this blog.By the time Edwards published his article, however, the handwriting was already on the wall. [read post]
3 Jun 2016, 10:45 am by Alfred Brophy
 Sandy Levinson tells some of this in his extended review of G. [read post]
29 Sep 2010, 1:24 pm by JB
This is Sandy Levinson's and my notion of partisan entrenchment.If Rick is right that modern Presidents cannot easily punish the Supreme Court directly, how is it, he asks, that the Supreme Court can be more or less guaranteed to stay in touch with the values of the dominant national coalition? [read post]
4 Aug 2007, 11:48 pm
As Sandy Levinson and I have written, we are in a gradual transition from a National Security State to a National Surveillance State. [read post]
5 Nov 2010, 3:05 am by JB
Nice.In our recent essay on constitutional dictatorship Sandy Levinson and I offer Bernanke as an example of a distinctive and important feature of American government, what we call distributed dictatorship. [read post]
14 Aug 2007, 4:12 pm
Bruce Ackerman and Sandy Levinson were important here. [read post]
3 Mar 2009, 6:05 am
(Sandy Levinson's post immediately below pointing out the antidemocratic difficulties created by the filibuster might suggest that Obama won't be able to pass anything. [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]
16 Dec 2010, 7:08 pm by Steve Bainbridge
 Some people, like Sandy Levinson, argue that this is because those states have dysfunctional constitutions. [read post]
21 Sep 2009, 3:30 am
And surely if Sandy Levinson had been invited to write a chapter, more of this perspective would have been included.One might have expected more attention to recent battles in state constitutionalism in the volume especially, if only because progressives have ultimately prevailed in state courts with arguments the federal courts have thus far rejected. [read post]
28 Sep 2008, 7:12 pm
Sandy Levinson apparently agrees with the need for more-active moderators (perhaps drawn from the smartest and more-principled of the commentariat--he names, among others, Andrew Sullivan, Paul Krugman, Charles Krauthammer, and E.J. [read post]