an unanticipated consequence of
Jack M. Balkin
Wednesday, August 20, 2014
New Paper on the Fourteenth Amendment.
I have just posted "Constructing Constitutional Politics: Thaddeus Stevens, John Bingham and the Forgotten Fourteenth Amendment" ...
Taking Liberties with the Last Word
Rob Weiner Sometimes, lawyers are fortunate that an opponent does not get the opportunity to reply to their argument and they get the ...
War and Peace in Time and Space
My new paper War and Peace in Time and Space was inspired/provoked by the indomitable Yxta Maya Murray, who invited me to participate in a...
Tuesday, August 19, 2014
The Future as a Concept in National Security Law
I will follow up soon on Frank Pasquale's thoughtful post on history and the crisis in Ferguson, Missouri. Today I'm posting a new ...
Sunday, August 17, 2014
Texas Prosecutor Indicts Ham (you fill in the blank)
It's been said that a prosecutor could get a grand jury to indict a ham sandwich. In the Texas case, it's a governor. At moments l...
Saturday, August 16, 2014
Politics By Other Means
Rob Weiner In prior posts, I have described Halbig v. Sebelius and King v. Sebelius, the legal challenges to tax subsidies under th...
Thursday, August 14, 2014
The Historical Resonance of Ferguson
When I was in college, I was fortunate enough to take a history course from Morton Horwitz , on the Warren Court. It was inspiring on many l...
Lubet on Free Speech and Salaita
My friend and colleague Steven Lubet has just published a short piece in the Chicago Tribune concerning the controversy over the University...
The Assault on Journalism in Ferguson, Missouri
The city of Ferguson, Missouri now looks like a war zone . Rapidly escalating responses to protest by a militarized police force have crea...
Tuesday, August 12, 2014
Dana Milbank on the death of American optimism
Dana Milbank has a column in the Washington Post about the death of American optimism about the future, based primarily on a Wall Street Jo...
Thomas on the Seventh Amendment in Puerto Rico
My colleague Suja Thomas has a very interesting post at the Volokh Conspiracy on a recent decision of a district court that the Seventh Am...
ObamaCare Plaintiffs’ 2012 Supreme Court Briefs Read the Act Exactly As They Now Say It Cannot be Read (and Why that Matters for Chevron)
I have another piece out in Politico on the Halbig and King (Obamacare subsidies) cases. Here are a few excerpts (a lot more in the fu...
Monday, August 11, 2014
Lawrence Summers on constitutional reform
Former Secretary of Treasury (and Harvard President)Lawrence Summers has just published an op-ed in the Washington Pos, "Ending ...
Constitutional Reverence is Structural
One theme of this blog is that we give too much reverence to the Constitution's structure. Upon reflection, the unheralded decision by ...
Who Cares About the Constitution?
Sandy asks t hat question in connection with a possible violation of the Iraqi Constitution. (Like him, I have no idea whether there was s...
Sunday, August 10, 2014
Who cares about the constitution?
A Washington Post story on the ever-worsening situation in the country that used to be Iraq focuses on the seeming unwillingness of Prime...
Friday, August 08, 2014
En Bunk Redux
Rob Weiner Professor Adler's response to my previous post continues a coordinated effort to preemptively delegitimize en banc revi...
Thursday, August 07, 2014
En Bunk: A Response to Professor Adler on En Banc Review of the ACA
Rob Weiner On July 22, in Halbig v. Burwell, a panel of the D.C. Circuit ruled 2-1 that low income families cannot get the tax su...
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