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Friday, November 22, 2024

What Loper Bright Illustrates About the Incoherence of the Court's Statutory Interpretation Theory

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  Loper Bright is a maddening opinion for statutor y interpretation afficionado s. The Court killed Chevron based on purported theories of s...
Thursday, November 21, 2024

The Law of Conservation of Judgment

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 (coauthored by Harry Surden) At least since Jeremy Bentham, legal formalists in the Anglo-American tradition have dreamed of making the law...
Wednesday, November 20, 2024

How AI Learned to Talk

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(coauthored by Harry Surden) There is probably no single definition of artificial intelligence that most scholars would agree to. However, o...
Tuesday, November 19, 2024

Gun Regulation When the Fourteenth Amendment was Ratified

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Originalism as practiced by historians, who by "original" mean "authentic," yields different results than originalism as...

The Procedural Turn’s Faith in Elite Judgment

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For the Balkinization symposium on Kunal Parker,  The Turn to Process: American Legal, Political, and Economic Thought , 1870–1970 (Cambridg...
Sunday, November 17, 2024

From Stable Foundations to Dynamic Processes (and Back?)

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For the Balkinization symposium on Kunal Parker,  The Turn to Process: American Legal, Political, and Economic Thought , 1870–1970 (Cambridg...
Friday, November 15, 2024

Historicizing History?

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For the Balkinization symposium on Kunal Parker,  The Turn to Process: American Legal, Political, and Economic Thought , 1870–1970 (Cambridg...
Thursday, November 14, 2024

The Turn to Process in Comparative Context

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For the Balkinization symposium on Kunal Parker,  The Turn to Process: American Legal, Political, and Economic Thought , 1870–1970 (Cambridg...

Artificial Intelligence and Constitutional Interpretation

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Harry Surden and I have posted a new paper to SSRN titled "Artificial Intelligence and Constitutional Interpretation." Here is the...
Wednesday, November 13, 2024

What Law Schools Can Do, Part I: Teach Persuasion

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     The great majority of legal academics are appalled at the nation’s verdict last week on former President Donald Trump and the Republi...

The Unbearable Lightness of Process in the Empire of Substance

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For the Balkinization symposium on Kunal Parker,  The Turn to Process: American Legal, Political, and Economic Thought , 1870–1970 (Cambridg...

Balkinization Symposium on Kunal Parker, The Turn to Process

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This week at Balkinization we are hosting a symposium on Kunal Parker's new book, The Turn to Process: American Legal, Political, and ...
Tuesday, November 12, 2024

Trump’s aspiration isn’t Nazi Germany, it’s feudal Germany

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President-elect Donald Trump’s victory has revived the accusation that he is a fascist. Some even fear that he will try to make himself   di...
Wednesday, November 06, 2024

The Brits Let Me Down

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The Brits decided that the American election wasn't sufficiently interesting to warrant around-the-clock coverage -- so the decided to e...
Tuesday, November 05, 2024

My Interview on Times Radio

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Bruce Ackerman I’ll be live on air with @CalumAM on @TimesRadio at 12:20am ET reacting to the results from the US election as they roll in… ...

Shifting Standards for What Constitutes a Dispute

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       As we enter a day of suspense, likely followed by many more of disputes should former President Trump lose, I am struck by the diverg...
Friday, November 01, 2024

Just Security pod on historical threats to democracy and January 6

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 I spoke with Tom Joscelyn, a principal author of the House January 6 Report, on the Just Security Podcast about my new book, The Presidents...
Thursday, October 31, 2024

The crumbly philosophical foundations of Trumpism

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  To the extent that Trumpism has any intellectual basis, it's that articulated by J.D. Vance, and Vance's principal philosophical g...
Tuesday, October 29, 2024

Balkinization Symposium on Jeremy Kessler, Law and Historical Materialism-- Collected Posts

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Here are the collected posts for our Balkinization symposium on Jeremy Kessler's forthcoming article, Law and Historical Materialism .  ...
Monday, October 28, 2024

In praise of the Washington Post’s cowardice

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The Washington Post deserves our gratitude for its craven, contemptible decision not to endorse any presidential candidate. I explain in a n...
Wednesday, October 23, 2024

Law and Historical Materialism: A Reply to Critics – Part II

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For the Balkinization Symposium on Jeremy Kessler,  Law and Historical Materialism . Jeremy Kessler   In Part I of this Reply, I addresse...
Tuesday, October 22, 2024

Taking "Offers to Pay for Registering" Seriously (Probably a Mistake)

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  Perhaps mistakenly (because almost certainly the pro-Musk/Trump side isn’t really concerned about legal details), in try...
Friday, October 18, 2024

The Presidents and the People: Five Leaders Who Threatened Democracy and the Citizens Who Fought to Defend It

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On Monday, October 21, the Harvard Safra Center will host an event on my new book,  The Presidents and the People: Five Leaders Who Threaten...
Sunday, October 13, 2024

Power for the People: Recognizing the Constitutional Right to Vote for President

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Charlie Martel Recently, I’ve argued for a federal constitutional right to vote for president. No court has yet held that citizens have an ...
Friday, October 11, 2024

Law and Historical Materialism: A Reply to Critics – Part I

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For the Balkinization Symposium on Jeremy Kessler,  Law and Historical Materialism .  Jeremy Kessler I am indebted to the seven legal scho...