Wednesday, August 14, 2019

Symposium on Fidelity and Constraint: Collected Posts


Here are the collected posts for our Balkinization symposium on Lawrence Lessig's new book, Fidelity and Constraint: How the Supreme Court Has Read the American Constitution (Oxford University Press, 2019).

1. Jack Balkin Introduction to the Symposium.

2. Ryan Doerfler, Working with What We've Got.

3. Pamela Brandwein, The Incompleteness of Fidelity Theory.

4. Gerard Magliocca, What is a Judge?

5. Lawrence Solum, Fidelity, Translation, and Originalism: Thoughts on Lessig's "Fidelity and Constraint".

6. Jack Balkin, “It is emphatically the province and duty of the judicial department to say what the social meaning is.”.

7. Sandy Levinson, Lessig, "translation," and institutional legitimacy.

8. Mark Graber, Translation as Constitutive.

9. John Mikhail, Lessig's Defensive Crouch Constitutionalism.

10. Lawrence Lessig, Lessig replies.

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