Balkinization

Today the Senate Armed Services Committee is conducting a hearing into the future of the September 2001 AUMF.  Over at the informative Lawfa...

David Ignatius is simply the latest leading pundit who demonstrates an incapaity to connect the dots relevant to his own analysis.  In a col...

At today's press briefing by Jay Carney at the White House, one reporter stated, in a tone suggesting that he was making an important ...

My Northwestern Law colleague and friend Martin Redish has been hugely influential in the free speech area.   His work has been cited by the...

The State Department's order (or "request") to takedown software that would let people print guns on a 3D printer raises some ...

One of the main themes of my forthcoming book Long Wars and the Constitution is that we can gain insight into the unconventional and seemin...

HOW “ROBUST” IS APPELLATE REVIEW OF COURTS-MARTIAL? Eugene R. Fidell, Elizabeth L. Hillman, Dwight H. Sullivan, Stephen A. Saltzbur...

With the Court's decisions on racial preferences and on the Voting Rights Act looming, I was mulling over something that I found in a le...

Books seem to be busting out all over Balkinization and I certainly recommend the ones listed on the right of your screen.   My purpose ...

Another must-read piece , also, like Steve Coll's New Yorker essay, a review of Mark Mazzetti's The Way of the Knife:  The CIA, a Se...

Last week Richard Epstein and I were on a panel at AEI on the New Deal Constitution, commemorating the 75th anniversary of the decisions in ...

I've posted my latest article, "Must We Be Faithful to Original Meaning?" on SSRN. The essay came out of a May 2012 conferenc...

Brian Tamanaha's essay , "The Failure of Crits and Leftist Law Professors to Defend Progressive Causes" is characteristically ...

Anyone interested in the more ominous side of the Obama presidency, where it is reasonable, as Mary Dudziak has recently suggested, to focus...

Oxford Press has just published The Health Care Case: The Supreme Court's Decision and Its Impli...

The Noel Canning  case addressing the President's recess appointment power should be the star of the next Supreme Court Term, assuming t...

The Third Pillar of Jurisprudence: Social Legal Theory, available here. The abstract: Jurisprudence is generally thought to consist of t...

"The Failure of Crits and Leftist Law Professors to Defend Progressive Causes," available here. The abstract: Future generatio...

      The case for same-sex marriage has been politically triumphant, and its victory looks inevitable.   It nonetheless is curiously i...

I appreciate Mary Dudziak's thoughtful post on the legitimate disillusion with aspects of Barack Obama's presidency.  I think it is ...

Sandy Levinson took Maureen Dowd to task for her column last week, “ No Bully in the Pulpit ,” which criticized President Obama for failing...

The Lawfare blog is a useful source for a moderately conservative spin (Steve Vladeck's posts are an exception to the spin) on develop...