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Thursday, May 07, 2026

A Miscarriage of Justice?

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Barbara Fried’s recent post on Substack , to my mind, lays out a devastating critique of the prosecution’s misappropriation theory of crimin...
Monday, May 04, 2026

Requiem

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After a strenuous bike ride in Patagonia last week, I summoned the energy to crank out the first draft of an opinion piece that was publishe...
Friday, May 01, 2026

The DOL's 401(k) Rule Gets the Goals Right but the Guardrails Wrong

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By Ian Ayres and Quinn Curtis The Department of Labor’s new proposed changes to 401(k) plan regulations, framed by the Trump administratio...
Wednesday, April 22, 2026

Ten Commandments webinar

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This Friday, my friend Stephanie Barclay and I will struggle mightily to find something to disagree about as we discuss the Fifth Circuit...
Friday, April 17, 2026

Has American Democracy Outstripped Its Constitutional Accommodations?-- Part Two

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For the Balkinization symposium on Stephen Skowronek,  The Adaptability Paradox: Political Inclusion and Constitutional Resilience  (Univers...
Thursday, April 16, 2026

Has American Democracy Outstripped Its Constitutional Accommodations?-- Part One

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For the Balkinization symposium on Stephen Skowronek,  The Adaptability Paradox: Political Inclusion and Constitutional Resilience  (Univers...
Sunday, April 12, 2026

A Naval Blockade is an Act of War

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During the Cuban Missile Crisis, the Kennedy Administration was careful to label its naval action to stop further deliveries by Soviet ships...
Friday, April 10, 2026

Is Liberalism Inherently Authoritarian?

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The Danube Institute in Budapest has just published an exchange between me and two of its resident scholars, Jacob Williams and Philip Pilk...
Tuesday, April 07, 2026

The Fragmentation of Truth

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Valérie Bélair-Gagnon When we talk about AI and fact-checking, we often fixate on the informational: the deepfake, the viral lie, or the bot...
Monday, April 06, 2026

Pluralist Modalities in Originalist Clothing: Thoughts on Arguments in Trump v. Barbara

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James Fox   Like most observers I listened to the oral arguments in Trump v. Barbara for signals about the possible vote alignment in th...
Sunday, April 05, 2026

Presidential Appropriations

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        President Trump has rejected any constraints on the violent, lawless, reckless behavior of Immigration and Customs Enforcement (ICE)...

Who’s Afraid of a Constitutional Convention?

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For the Balkinization symposium on Stephen Skowronek,  The Adaptability Paradox: Political Inclusion and Constitutional Resilience  (Univers...
Saturday, April 04, 2026

Confronting Current Constitutional Dysfunctions: Civic Constitutionalism and the Adaptability Paradox

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For the Balkinization symposium on Stephen Skowronek,  The Adaptability Paradox: Political Inclusion and Constitutional Resilience  (Univers...
Friday, April 03, 2026

Prosecutorial Tanking

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There are two standard explanations for the recent high-profile refusals by grand juries in DC to return indictments. One is that they are e...

Reexamining the Civil Rights Revolution: Partial Adaptation and the Rise of a Civil and Social Rights State

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For the Balkinization symposium on Stephen Skowronek,  The Adaptability Paradox: Political Inclusion and Constitutional Resilience  (Univers...
Thursday, April 02, 2026

The Unbound Constitution Reconsidered: Skowronek’s Framework and History of Constitutional Reordering

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For the Balkinization symposium on Stephen Skowronek,  The Adaptability Paradox: Political Inclusion and Constitutional Resilience  (Univers...
Wednesday, April 01, 2026

The Material Foundations of American Constitutional Development

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For the Balkinization symposium on Stephen Skowronek,  The Adaptability Paradox: Political Inclusion and Constitutional Resilience  (Univers...
Tuesday, March 31, 2026

Jurisdiction, Domicile, and the Ratio Decidendi of Wong Kim Ark

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When the Supreme Court hears oral argument tomorrow in Trump v. Barbara , Solicitor General John Sauer will try to persuade the Justices tha...

The Era of Democratic Dissatisfaction

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For the Balkinization symposium on Stephen Skowronek,  The Adaptability Paradox: Political Inclusion and Constitutional Resilience  (Univers...

Conscientious Objection and Anthropic

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Isaac Barnes May   Anthropic’s case against the government has a religious dimension. Anthropic filed suit against the federal government af...
Monday, March 30, 2026

Skowronek on American Democracy: Gridlock, Presidentialism, and Democratic Faith

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For the Balkinization symposium on Stephen Skowronek,  The Adaptability Paradox: Political Inclusion and Constitutional Resilience  (Univers...

Politics and Legal Arguments Can Coexist: a Reply to Drall and Moyn

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Paul Gowder Constitutional practice, whether in the courtroom or in the academy, has lots of problems, but one of the main ones is dealing...
Sunday, March 29, 2026

Constitutional Democracy in Crisis? II TOC

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The final version of the second edition is now at Oxford University Press.  We have amazing chapters and authors.  The most comprehensive st...