Balkinization   |
Balkinization
Balkinization Symposiums: A Continuing List                                                                E-mail: Jack Balkin: jackbalkin at yahoo.com Bruce Ackerman bruce.ackerman at yale.edu Ian Ayres ian.ayres at yale.edu Corey Brettschneider corey_brettschneider at brown.edu Mary Dudziak mary.l.dudziak at emory.edu Joey Fishkin joey.fishkin at gmail.com Heather Gerken heather.gerken at yale.edu Abbe Gluck abbe.gluck at yale.edu Mark Graber mgraber at law.umaryland.edu Stephen Griffin sgriffin at tulane.edu Jonathan Hafetz jonathan.hafetz at shu.edu Jeremy Kessler jkessler at law.columbia.edu Andrew Koppelman akoppelman at law.northwestern.edu Marty Lederman msl46 at law.georgetown.edu Sanford Levinson slevinson at law.utexas.edu David Luban david.luban at gmail.com Gerard Magliocca gmaglioc at iupui.edu Jason Mazzone mazzonej at illinois.edu Linda McClain lmcclain at bu.edu John Mikhail mikhail at law.georgetown.edu Frank Pasquale pasquale.frank at gmail.com Nate Persily npersily at gmail.com Michael Stokes Paulsen michaelstokespaulsen at gmail.com Deborah Pearlstein dpearlst at yu.edu Rick Pildes rick.pildes at nyu.edu David Pozen dpozen at law.columbia.edu Richard Primus raprimus at umich.edu K. Sabeel Rahmansabeel.rahman at brooklaw.edu Alice Ristroph alice.ristroph at shu.edu Neil Siegel siegel at law.duke.edu David Super david.super at law.georgetown.edu Brian Tamanaha btamanaha at wulaw.wustl.edu Nelson Tebbe nelson.tebbe at brooklaw.edu Mark Tushnet mtushnet at law.harvard.edu Adam Winkler winkler at ucla.edu Compendium of posts on Hobby Lobby and related cases The Anti-Torture Memos: Balkinization Posts on Torture, Interrogation, Detention, War Powers, and OLC The Anti-Torture Memos (arranged by topic) Recent Posts An alternative for VP Who pays the price for John McCain's "hasty" decisions? Does he care? "Equivalence" Notes from our constitutional monarchy John McCain's Hail Sarah Pass The Consquences of a Freedom of Choice Act Well, Yes, That is To Be Expected Hamer's Convention Hillary's Convention Further notes on constutional dysfunctionality: Who should be deciding about the expansion of NATO? Would that John McCain were a genuine "maverick" Federalist society debate on same-sex marriage Pakistan or the United States? You decide. He's not called the Vice-President for nothing Was Addington Right about the Vice Presidency? When does the statute of limitations for past injustice apply? I'm back, and the Constitution has not gotten any better Is the "Weak" American State a Myth? The Future of Free Expression, Part II-- Network Neutrality The Annotated Cultural Software Our Criminal Justice System IS a "Guilty-Plea Machine" Old Hickory and John Yoo Looking at the fundamentals of the election The Future of Free Expression, Part I Giving in China Summer Reading on the Bush Administration Why Hamdan's Convictions Are Constitutionally Vulnerable Essay: New Media in Old Bottles? "The Worst of the Worst" The One Country Where Torture is So Likely That Even the United States Will Not Transfer a Detainee There
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Sunday, August 31, 2008
An alternative for VP
Mark Graber
John McCain may have declared his preference for Sarah Palin, but a vote must still be taken. An alternative candidate has throw her hat into the ring. My mother. Her self-described qualifications are below [my notes are in brackets]. If you believe she is at least as qualified for the vice-presidency as Sarah Palin, please contact members of the Republican National Committee. I have just been skimming through Balkin, and I am really mad! I have had a passport since 1968, have travelled through Western and Eastern Europe, through parts of Asia, Africa, the Middle East, South and Central America, Canada, and the United States. Sarah Palin got a passport last year! I have a B.S. in Education, a MSW, and an ED.D [the last two degrees are from Columbia--Mom also comes from a working class family and had to work her way through college]. I have a long history of work in educational, community and governmental agencies. In addition, I have taught on a graduate level and continue to teach social work interns. On a personal level, I have raised three sons, gone to innumerable chess matches, debates, little league games, track meets, basketball games, cub scout activities.band concerts. parent-teacher meetings, (I left school board debates to your father!), etc. I have been an active grandmother, and in that capacity ,have attended dance recitals, more concerts, fencing matches, wrestling matches, rock concerts, and graduations. I am a decent lecturer and seem to be a valued docent at the Museum at Eldridge Street. I am a volunteer in the Mental Health Players and wrote one of their most popular playlets. I have not only taught courses in Social Work, but I have taught for the Adelphi School of Nursing in their Gerontology Certificate Program. In fact, I developed several of their courses with Edie Bigman. For Adelphi's Senior Connection Program I lectured on Issues of Aging with works of literature as the basis of discussion. In short, I can talk to people! Now, I ask you, with my credentials, why have I not been tapped for a vice-presidential spot? I realize that I can neither dance nor sing, but I assume that could be overlooked. I can only assume that this is a blatant case of ageism. Can you advise me on what my next steps could be to resolve my problem. With love, Mom Who pays the price for John McCain's "hasty" decisions? Does he care?
Sandy Levinson
A story in the NYTimes reviewing the process by which McCain picked Gov. Palin (even though his first choice was Joe Lieberman), quotes the following regarding John McCain's view of his own decision-making process: “I make them as quickly as I can, quicker than the other fellow, if I can,” Mr. McCain wrote, with his top adviser Mark Salter, in his 2002 book, “Worth the Fighting For.” “Often my haste is a mistake, but I live with the consequences without complaint.” Even if one thinks it's reassuring that he doesn't complain about the consequences, might we not think that it is really irrelevant whether he complains or no? Aren't the real questions a) the general error rate of his self-described "haste" in making important decisions and b) the costs to others of such decisions? I look forward to rabidly loyalist Republicans explaining why hasty decisions are really something we want presidents of the United States to make and why Obama will disserve the country in actually deliberating and taking some time before acting. "Equivalence"
Sandy Levinson
I'll leave it to professional psychiatrists to decide what is "sane" and "insane" to believe. I am completely confident, though, that no person not caught up in partisan delusion could believe that Gov. Palin is equipped to be President of the United States in the foreseeable future. It is also dishonest, to put it mildly, to suggest that she and Sen. Obama are "equivalent" in their lack of experience. Yes, it's true he's never actually administered a state or federal agency, which makes him even with Sen. McCain, but it is crazy (there I go again) to believe that 20 months as governor is equivalent to several years in the Illinois legislature plus four years in the Senate. Most important, in many ways, is the "experience" that one gets by engaging in a serious candidacy for the presidency. Obama, like all of the other serious candidates, has toured the length and breadth of the United States over the past couple of years, as has, say, Mike Huckabee, who would have been a far more serious pick if McCain weren't desperate to have a woman (more on that in a moment). It's not only that Gov. Palin has had, shall we say, limited experience travelling abroad. I strongly suspect that she is currently visiting Mississippi for the first time in her life, and I wonder how many of the other 50 states she's never visited. Both Obama and McCain (and Clinton and Huckabee) have gotten to know a hell of a lot about the United States as active and responsive candidates. Whether or not McCain "gets it," he has in fact been exposed to the people and problems of the United States. Saturday, August 30, 2008
Notes from our constitutional monarchy
Sandy Levinson
Needless to say (so some of you can stop reading right now), I see the ludicrous choice of Sarah Palin in the context of my particular hobbyhorse, our defective Constitution. The defect is twofold, one of them more certainly a defect than the other. The first defect is having an entrenched vice president in the first place. As I argued in the Boston Globe last year, we would be better off without such an office. But perhaps you disagree and think it is a good idea always to have a designated successor. That's certainly not a dumb argument, though I think it is dumb to say that the VP should be as entrenched as the President (as, as you know, I think that the inability to fire an incompetent president mid-term is also quite dumb). But we should now realize that it is really dumb to have the VP elected at the same time as the President, as required by the 12th Amendment, given that presidential candidates only sporadically pick vice presidential candidates on the basis of who, in fact, would make a first-rate president in the case of the demise (or resignation or impeachment) of the incumbent. John McCain's Hail Sarah Pass
JB
Generally speaking, one doesn't throw a Hail Mary pass in the opening minutes of the third quarter. And yet this seems to be precisely what John McCain has done. Friday, August 29, 2008
The Consquences of a Freedom of Choice Act
JB
Over at Bench Memos, Rick Garnett makes two points about the effect of a potential Obama Presidency on abortion politics that push in opposite directions. Wednesday, August 27, 2008
Well, Yes, That is To Be Expected
Marty Lederman
Lawyers for an Ethiopian national who lived in Britain -- housed at Guantanamo since 2004 and now scheduled for a military commission trial for war crimes -- have asked a British court to order the British government to provide Mohamed's lawyers with information about Mohamad's interrogations in Pakistan and Morocco. Last week, the British High Court of Justice concluded that British intelligence officers had unlawfully assisted the United States in interrogations as part of an unlawful incommunicado detention. Mohamad also alleges that he was tortured, and that the confessions he gave -- the principal evidence in his war crimes trial -- were the subject of unlawful coercion. He is seeking Britain's evidence of his interrogations. Hamer's Convention
Mary L. Dudziak
In light of Steve’s post, it’s helpful to reflect that in spite of various sorts of whining accompanying this year’s Democratic National Convention, it is an historic moment in more than one way. It was not so long ago that an African American woman, Fannie Lou Hamer, captured the nation’s attention not with a convention floor speech but with testimony before the 1964 Credentials Committee of the DNC. Hamer was a member of the Mississippi Freedom Democratic Party delegation, which challenged the seating of Mississippi’s all-white Democratic delegation. Hamer attempte The second Negro began to beat and I began to work my feet, and the State Highway Patrolman ordered the first Negro who had beat me to sit on my feet - to keep me from working my feet. I began to scream and one white man got up and began to beat me in my head and tell me to hush. One white man - my dress had worked up high - he walked over and pulled my dress - I pulled my dress down and he pulled my dress back up. I was in jail when Medgar Evers was murdered. Posted 11:18 AM by Mary L. Dudziak [link] (8) comments Tuesday, August 26, 2008
Hillary's Convention
Stephen Griffin
I don't usually blog about politics, but in view of another demonstration of Hillary and Bill's "it's all about me" dominating media coverage of the DNC, I will take a flyer at telling you about the stories you would be reading if She were at the top of the ticket. On reflection, I'm pretty sure Evan Bayh would have been her choice for vice president. You would be seeing a lot of stories about infighting and dissension in Clinton's campaign, about how it isn't ready for fall prime time. Just like it wasn't ready for the primaries. The main reasons for this have been clear to anyone who's read the better books on the Clinton years -- both Clintons are terrible at management generally, managing people in particular, and like to make decisions by not making them, which is a surefire loser if you are trying to win elections, at least in a state that is not overwhelmingly Democratic (New York). Check out the "Relentless" series on the Politico site. Saturday, August 23, 2008
Further notes on constutional dysfunctionality: Who should be deciding about the expansion of NATO?
Sandy Levinson
I note that a story just posted in the New York Times from Reuters says that the US will insist on adding Georgia to NATO. "'I think what Russia has done now is the strongest catalyst it could have created to get Georgia in NATO,' U.S. Deputy Assistant Secretary of State Matthew Bryza, American envoy to the Caucasus, told Russia's Ekho Moskvy radio. 'This is what is going to happen now. Georgia is going to accelerate its march toward NATO and, I hope, to an action plan in December.'" Wednesday, August 20, 2008
Would that John McCain were a genuine "maverick"
Sandy Levinson
John McCain's newest commercial, "Broken," begins with a voice telling us that "Washington is broken" and "John McCain knows it." We also get the usual blather about this Bush-enabling Republican being a "maverick." If John McCain were a genuine maverick--he dishonors the name of Maury Maverick, from San Antonio in taking on the label--perhaps he would be willing to suggest that one reason that "Washington is broken" is that we have a Constitution that is broken. But that is beyond McCain's ken. Instead, like Obama for that matter, he feeds us the reassuring message that it is sufficient to rearrange the deck chairs on the Titanic, by picking someone with the right "leadership skills" and "vision," and everything will in fact be all right. It won't. Tuesday, August 19, 2008
Federalist society debate on same-sex marriage
Andrew Koppelman
The Federalist Society has graciously sponsored an online debate on same-sex marriage, with Prof. Dale Carpenter of the Pakistan or the United States? You decide.
Sandy Levinson
Today's New York Times editorial on "Pakistan Without Musharraff" includes the following sentence: "The presidency must also be stripped of the special dictatorial powers that Mr. Musharraf seized for himself, including the power to suspend civil liberties and rule by decree." I agree, but I would also apply the sentence, substituting only "George Bush" for "Mr. Musharraf," to the United States. To be sure, the Bush suspensions of civil liberties and rulings by decree may not be so extensive as were Mr. Musharraf's, but it is foolish in the extreme to refuse to recognize similar tendencies in the U.S (and perhaps in all modern governments, as Giorgo Agamben argues). Saturday, August 16, 2008
He's not called the Vice-President for nothing
JB
This is a followup to Steve's fascinating post. The Cheney/Addington argument that the Vice-President is not part of the executive branch flows in large part from the fact that the Vice-President presides over the Senate and has a vote when the Senate is tied. Was Addington Right about the Vice Presidency?
Stephen Griffin
You may remember the mildly weird controversy over whether the Vice President is really a member of the legislative branch, not the executive. David Addington defended this view when he appeared before a House subcommittee recently, referring I believe to OLC opinions. Friday, August 15, 2008
When does the statute of limitations for past injustice apply?
Sandy Levinson
David Rivkin and Lee Casey have a piece in today's Wall Street Journal on the Russian incursion against Georgia that includes denunciatory references to Russian's "previous 1803 and 1922 invasions and annexation of Georgia." Without in any way trying to justify these invasions, I do find myself wondering about their willingness to look back to American history with equal scrupulousness. If one should honor grievances that go back 205 years, in the case of the 1803 invasion, then what about American Indian tribes who certainly have grievances equal to those of the Georgians vis-a-vis the United States? And, of course, there was nothing particularly virtuous about the U.S.-initiated war against Mexico in 1847 as part of James Polk's altogether successful expansionist policy. Or I wonder what Rivkin and Casey's response would be to an attempt to declare Puerto Rican independence, given the circumstances of our taking rule of what remains the world's largest colony. Thursday, August 14, 2008
I'm back, and the Constitution has not gotten any better
Sandy Levinson
I have now returned from Australia, a refreshingly democratic country in many respects, though the Australian Senate emulates one feature of our own in giving each of the six states equal representation (12 senators). This means that Tasmania has the same representation as does the approximately 25 times greater population of New South Wales. One decidedly attractive aspect of the Senate, though, is that it is selected through proportional representation, which means that a number of parties, beyond the two major parties, as in the House of Representatives, are represented in the "upper house." But, for now at least, enough about the Australian constitution. Wednesday, August 13, 2008
Is the "Weak" American State a Myth?
Stephen Griffin
Mary Dudziak has called attention to William Novak’s essay, “The Myth of the ‘Weak’ American State,” in the June 2008 issue of the American Historical Review. This essay continues Novak’s project of criticizing the standard story that is told about the historical lack of a strong state (or even of the idea of the state) in the United States. Novak’s project is a good one and he cites an impressive body of research that backs his claim that the “weak” American state is a myth. The Future of Free Expression, Part II-- Network Neutrality
JB
In the first post in this series, I argued that the most important decisions affecting the future of freedom of speech in the digital age may not occur in judge-made constitutional law; many of them will be decisions about technological design, legislative and administrative regulations, the formation of new business models, and the collective activities of end-users. In the twenty-first century, the values of freedom of expression will become subsumed in an even larger set of concerns that I call knowledge and information policy. The Annotated Cultural Software
JB
Tuesday, August 12, 2008
Our Criminal Justice System IS a "Guilty-Plea Machine"
Brian Tamanaha
A federal district judge and the US Attorney’s Office in Iowa are a bit red-faced over the revelation (reported here) that “nearly 300 illegal immigrant workers who had been detained in a raid at an Iowa meatpacking plant were convicted on criminal charges and sentenced to prison — all in just four days.” Old Hickory and John Yoo
Guest Blogger
Gerard Magliocca Monday, August 11, 2008
Looking at the fundamentals of the election
JB
It's entirely possible that the margin will grow larger as people get to know Obama and feel that he is less of a risk. McCain's most important strategy this summer has been to sow doubt in people's minds about Obama: to demonstrate that he is risky, untested, that we don't know enough about him, that he is suspicious, that he does not connect with ordinary citizens, and that he is "other" in various ways. That is why you see the McCain camp engaged in a panoply of tactics to spread these messages about Obama, some of which are quite blatant, some of which are quite subtle. Obama could shoot himself in the foot; or there could be an Edwards-style scandal that destroys his candidacy, or there could be another terrorist attack. All of these things could change the race significantly. But nothing like this has happened yet. Even the brouhaha over the Rev. Wright did not rise to this level. The fundamentals of this race so far have stayed pretty much fundamental. The Future of Free Expression, Part I
JB
In the Information Age, you would think, there would be no more important part of the Constitution than the First Amendment. After all, free speech guarantees should have a great deal to do with a knowledge economy, and a world in which wealth and power increasingly depend on information technology, intellectual property and control over information flows. Giving in China
Lauren Hilgers
When the Sichuan earthquake hit in May, something of a philanthropic mania hit China. In Shanghai, collection cans jingled on street corners, and showed up in shopping malls and on buses; upscale art galleries held benefits; blood banks overflowed. In a week the country had raised 4.185 billion yuan domestically, and the number would soon stretch into the tens of billions. Sunday, August 10, 2008
Summer Reading on the Bush Administration
Stephen Griffin
Jane Mayer's book The Dark Side has been justly praised for its reporting on the development of the Bush administration's interrogation/torture policy. But those wishing for a more detailed legal discussion of what went wrong during the Bush administration would do well to check out James P. Pfiffner's book, Power Play, recently published by the Brookings Institution. Pfiffner, a professor of public policy at George Mason, obviously brings a wealth of knowledge about the presidency and some firm convictions about the need to reassert the relevance of constitutionalism and the rule of law in American government. He concentrates on four areas: detainee/habeas corpus policy, the torture controversy, the violation of FISA, and signing statements. I don't agree with all of his conclusions, but the book is well organized and makes compelling reading. A full assessment of the Bush administration needs to take into account Pfiffner's perspective. Thursday, August 07, 2008
Why Hamdan's Convictions Are Constitutionally Vulnerable
Marty Lederman
Kevin Heller makes a pretty persuasive case. See also pages 29-30 of my colleague Neal Katyal's recent brief. Essay: New Media in Old Bottles?
Neil Netanel
I have posted on SSRN an essay entitled, "New Media in Old Bottles? Barron's Contextual First Amendment and Copyright in the Digital Age," which explores in more depth some of the themes that I have discussed in my posts. In the essay I begin with Jerome Barron's call, four decades ago, for access to media as a First Amendment right as a springboard for examining copyright and its role in shaping public discourse in the digital arena. I focus, in particular, on (1) incumbent mass media's untoward use of copyright as a vertical restraint to stifle the new media that provides platforms for peer speech; (2) copyright's continuing part in underwriting traditional media, which I argue is a salutary function that stands in some tension with the media's use of copyright to suppress new media competition; and (3) copyright's potential for enabling powerful new media, like Google, to threaten expressive diversity in the digital age in much the same way that incumbent media has overwhelmingly dominated public discourse in the print and broadcast era. The full abstract and essay can be found here.
"The Worst of the Worst"
Marty Lederman
My colleague Rosa Brooks on the Hamdan verdict and other upcoming military commission trials. The One Country Where Torture is So Likely That Even the United States Will Not Transfer a Detainee There
Marty Lederman
It's none other than the host of the Summer Olympics, China.
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Books by Balkinization Bloggers ![]() Linda C. McClain and Aziza Ahmed, The Routledge Companion to Gender and COVID-19 (Routledge, 2024) ![]() David Pozen, The Constitution of the War on Drugs (Oxford University Press, 2024) ![]() Jack M. Balkin, Memory and Authority: The Uses of History in Constitutional Interpretation (Yale University Press, 2024) ![]() Mark A. Graber, Punish Treason, Reward Loyalty: The Forgotten Goals of Constitutional Reform after the Civil War (University of Kansas Press, 2023) ![]() Jack M. Balkin, What Roe v. Wade Should Have Said: The Nation's Top Legal Experts Rewrite America's Most Controversial Decision - Revised Edition (NYU Press, 2023) ![]() Andrew Koppelman, Burning Down the House: How Libertarian Philosophy Was Corrupted by Delusion and Greed (St. Martin’s Press, 2022) ![]() Gerard N. Magliocca, Washington's Heir: The Life of Justice Bushrod Washington (Oxford University Press, 2022) ![]() Joseph Fishkin and William E. Forbath, The Anti-Oligarchy Constitution: Reconstructing the Economic Foundations of American Democracy (Harvard University Press, 2022) Mark Tushnet and Bojan Bugaric, Power to the People: Constitutionalism in the Age of Populism (Oxford University Press 2021). ![]() Mark Philip Bradley and Mary L. Dudziak, eds., Making the Forever War: Marilyn B. Young on the Culture and Politics of American Militarism Culture and Politics in the Cold War and Beyond (University of Massachusetts Press, 2021). ![]() Jack M. Balkin, What Obergefell v. Hodges Should Have Said: The Nation's Top Legal Experts Rewrite America's Same-Sex Marriage Decision (Yale University Press, 2020) ![]() Frank Pasquale, New Laws of Robotics: Defending Human Expertise in the Age of AI (Belknap Press, 2020) ![]() Jack M. Balkin, The Cycles of Constitutional Time (Oxford University Press, 2020) ![]() Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020). ![]() Andrew Koppelman, Gay Rights vs. Religious Liberty?: The Unnecessary Conflict (Oxford University Press, 2020) ![]() Ezekiel J Emanuel and Abbe R. Gluck, The Trillion Dollar Revolution: How the Affordable Care Act Transformed Politics, Law, and Health Care in America (PublicAffairs, 2020) ![]() Linda C. McClain, Who's the Bigot?: Learning from Conflicts over Marriage and Civil Rights Law (Oxford University Press, 2020) ![]() Sanford Levinson and Jack M. Balkin, Democracy and Dysfunction (University of Chicago Press, 2019) ![]() Sanford Levinson, Written in Stone: Public Monuments in Changing Societies (Duke University Press 2018) ![]() Mark A. Graber, Sanford Levinson, and Mark Tushnet, eds., Constitutional Democracy in Crisis? (Oxford University Press 2018) ![]() Gerard Magliocca, The Heart of the Constitution: How the Bill of Rights became the Bill of Rights (Oxford University Press, 2018) ![]() Cynthia Levinson and Sanford Levinson, Fault Lines in the Constitution: The Framers, Their Fights, and the Flaws that Affect Us Today (Peachtree Publishers, 2017) ![]() Brian Z. Tamanaha, A Realistic Theory of Law (Cambridge University Press 2017) ![]() Sanford Levinson, Nullification and Secession in Modern Constitutional Thought (University Press of Kansas 2016) ![]() Sanford Levinson, An Argument Open to All: Reading The Federalist in the 21st Century (Yale University Press 2015) ![]() Stephen M. Griffin, Broken Trust: Dysfunctional Government and Constitutional Reform (University Press of Kansas, 2015) ![]() Frank Pasquale, The Black Box Society: The Secret Algorithms That Control Money and Information (Harvard University Press, 2015) ![]() Bruce Ackerman, We the People, Volume 3: The Civil Rights Revolution (Harvard University Press, 2014) Balkinization Symposium on We the People, Volume 3: The Civil Rights Revolution ![]() Joseph Fishkin, Bottlenecks: A New Theory of Equal Opportunity (Oxford University Press, 2014) ![]() Mark A. Graber, A New Introduction to American Constitutionalism (Oxford University Press, 2013) ![]() John Mikhail, Elements of Moral Cognition: Rawls' Linguistic Analogy and the Cognitive Science of Moral and Legal Judgment (Cambridge University Press, 2013) ![]() Gerard N. Magliocca, American Founding Son: John Bingham and the Invention of the Fourteenth Amendment (New York University Press, 2013) ![]() Stephen M. Griffin, Long Wars and the Constitution (Harvard University Press, 2013) Andrew Koppelman, The Tough Luck Constitution and the Assault on Health Care Reform (Oxford University Press, 2013) ![]() James E. Fleming and Linda C. McClain, Ordered Liberty: Rights, Responsibilities, and Virtues (Harvard University Press, 2013) Balkinization Symposium on Ordered Liberty: Rights, Responsibilities, and Virtues ![]() Andrew Koppelman, Defending American Religious Neutrality (Harvard University Press, 2013) ![]() Brian Z. Tamanaha, Failing Law Schools (University of Chicago Press, 2012) ![]() Sanford Levinson, Framed: America's 51 Constitutions and the Crisis of Governance (Oxford University Press, 2012) ![]() Linda C. McClain and Joanna L. Grossman, Gender Equality: Dimensions of Women's Equal Citizenship (Cambridge University Press, 2012) ![]() Mary Dudziak, War Time: An Idea, Its History, Its Consequences (Oxford University Press, 2012) ![]() Jack M. Balkin, Living Originalism (Harvard University Press, 2011) ![]() Jason Mazzone, Copyfraud and Other Abuses of Intellectual Property Law (Stanford University Press, 2011) ![]() Richard W. Garnett and Andrew Koppelman, First Amendment Stories, (Foundation Press 2011) ![]() Jack M. Balkin, Constitutional Redemption: Political Faith in an Unjust World (Harvard University Press, 2011) ![]() Gerard Magliocca, The Tragedy of William Jennings Bryan: Constitutional Law and the Politics of Backlash (Yale University Press, 2011) ![]() Bernard Harcourt, The Illusion of Free Markets: Punishment and the Myth of Natural Order (Harvard University Press, 2010) ![]() Bruce Ackerman, The Decline and Fall of the American Republic (Harvard University Press, 2010) Balkinization Symposium on The Decline and Fall of the American Republic ![]() Ian Ayres. Carrots and Sticks: Unlock the Power of Incentives to Get Things Done (Bantam Books, 2010) ![]() Mark Tushnet, Why the Constitution Matters (Yale University Press 2010) Ian Ayres and Barry Nalebuff: Lifecycle Investing: A New, Safe, and Audacious Way to Improve the Performance of Your Retirement Portfolio (Basic Books, 2010) ![]() Jack M. Balkin, The Laws of Change: I Ching and the Philosophy of Life (2d Edition, Sybil Creek Press 2009) ![]() Brian Z. Tamanaha, Beyond the Formalist-Realist Divide: The Role of Politics in Judging (Princeton University Press 2009) ![]() Andrew Koppelman and Tobias Barrington Wolff, A Right to Discriminate?: How the Case of Boy Scouts of America v. James Dale Warped the Law of Free Association (Yale University Press 2009) ![]() Jack M. Balkin and Reva B. Siegel, The Constitution in 2020 (Oxford University Press 2009) Heather K. Gerken, The Democracy Index: Why Our Election System Is Failing and How to Fix It (Princeton University Press 2009) ![]() Mary Dudziak, Exporting American Dreams: Thurgood Marshall's African Journey (Oxford University Press 2008) ![]() David Luban, Legal Ethics and Human Dignity (Cambridge Univ. Press 2007) ![]() Ian Ayres, Super Crunchers: Why Thinking-By-Numbers is the New Way to be Smart (Bantam 2007) ![]() Jack M. Balkin, James Grimmelmann, Eddan Katz, Nimrod Kozlovski, Shlomit Wagman and Tal Zarsky, eds., Cybercrime: Digital Cops in a Networked Environment (N.Y.U. Press 2007) ![]() Jack M. Balkin and Beth Simone Noveck, The State of Play: Law, Games, and Virtual Worlds (N.Y.U. Press 2006) ![]() Andrew Koppelman, Same Sex, Different States: When Same-Sex Marriages Cross State Lines (Yale University Press 2006) Brian Tamanaha, Law as a Means to an End (Cambridge University Press 2006) Sanford Levinson, Our Undemocratic Constitution (Oxford University Press 2006) Mark Graber, Dred Scott and the Problem of Constitutional Evil (Cambridge University Press 2006) Jack M. Balkin, ed., What Roe v. Wade Should Have Said (N.Y.U. Press 2005) Sanford Levinson, ed., Torture: A Collection (Oxford University Press 2004) Balkin.com homepage Bibliography Conlaw.net Cultural Software Writings Opeds The Information Society Project BrownvBoard.com Useful Links Syllabi and Exams |