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Friday, December 02, 2022

Comments on the LevinsonFest Second Amendment Panel

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Sanford Levinson This post was prepared for a roundtable on the Second Amendment , convened as part of LevinsonFest 2022 . As always, I...
Thursday, December 01, 2022

Bruen and Constitutional Gnosticism

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This post was prepared for a roundtable on the Second Amendment , convened as part of LevinsonFest 2022 —a year-long series gathering schol...
Wednesday, November 30, 2022

"Interconstitutionalism" in Yale Law Journal

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My article, "Interconstitutionalism," with Cem Tecimer (S.J.D. candidate at Harvard), appears  in the current issue of the Yale La...

Rooting Meaning in History and Tradition Imposes “Embarrassing” Limitations on Constitutional Vitality: Reflections for LevinsonFest

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This post was prepared for a roundtable on the Second Amendment , convened as part of LevinsonFest 2022 —a year-long series gathering schol...
Tuesday, November 29, 2022

Response to the symposium on Burning Down the House: How Libertarian Philosophy Was Corrupted by Delusion and Greed

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Thanks to Richard Epstein ,  Christina Mulligan ,  James Hackney , Matt Zwolinski ,  Ilya Somin , Jamie Mayerfeld , Jennifer Burns , and Jon...

Challenging the Monopoly of Arms: Reflections on Sandy Levinson and the Embarrassing Second Amendment

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This post was prepared for a roundtable on the Second Amendment , convened as part of LevinsonFest 2022 —a year-long series gathering schol...
Monday, November 28, 2022

Andrew Koppelman’s Half-Way Hayekianism

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For the Balkinization Symposium on Andrew Koppelman,  Burning Down the House: How Libertarian Philosophy Was Corrupted by Delusion and Greed...

Appraising Sandy’s Call to “Arms”: Success in the Academy … Not So Much in the Courts

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This post was prepared for a roundtable on the Second Amendment , convened as part of LevinsonFest 2022 —a year-long series gathering schol...

LevinsonFest on the Second Amendment

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Ashley Moran We’re pleased to share essays from our recent LevinsonFest 2022 roundtable on the Second Amendment. The roundtable includes ...
Tuesday, November 22, 2022

"American Founding Son" Audiobook

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I am excited to say that my biography of John Bingham is now available as an audiobook , read by me.  Happy Thanksgiving to all of our reade...
Monday, November 21, 2022

The Grotesque, Wonderful Respect for Marriage Act

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The Respect for Marriage Act (RFMA), which Congress is on the verge of passing after the Senate moved forward on it last week, takes a grote...

Wither Friedman?

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For the Balkinization Symposium on Andrew Koppelman,  Burning Down the House: How Libertarian Philosophy Was Corrupted by Delusion and Greed...
Friday, November 18, 2022

Balkinization Symposium on James E. Fleming, Constructing Basic Liberties: A Defense of Substantive Due Process-- Collected Posts

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Here are the collected posts for our Balkinization symposium on Jim Fleming's new book, Constructing Basic Liberties: A Defense of Sub...
Thursday, November 17, 2022

Constructing Basic Liberties: A Response to Eight Comments

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For the Balkinization symposium on James E. Fleming,  Constructing Basic Liberties: A Defense of Substantive Due Process  (University of Chi...
Wednesday, November 16, 2022

Libertarian Insights, Errors, and Calamities

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For the Balkinization Symposium on Andrew Koppelman,  Burning Down the House: How Libertarian Philosophy Was Corrupted by Delusion and Greed...
Tuesday, November 15, 2022

Donald Trump's Provisional Candidacy

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Tonight Donald Trump is expected to announce his third bid for the White House. Whatever you think of his prospects, there is a more basic q...

Retrieving Democracy: Andrew Koppelman and C.B. Macpherson’s Reformulation of Libertarian Political Thought

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For the Balkinization Symposium on Andrew Koppelman, Burning Down the House: How Libertarian Philosophy Was Corrupted by Delusion and Greed...
Monday, November 14, 2022

Communication Nation

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Nick Frisch  One of the more elusive words in Mandarin is jiaotong . It means, roughly, “communications,” both in the sense of moving phys...

Assessing Libertarianism Requires Engagement with Modern Libertarian Political Thought

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For the Balkinization Symposium on Andrew Koppelman,  Burning Down the House: How Libertarian Philosophy Was Corrupted by Delusion and Greed...
Sunday, November 13, 2022

Two Cheers for Radical Libertarianism

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For the Balkinization Symposium on Andrew Koppelman,  Burning Down the House: How Libertarian Philosophy Was Corrupted by Delusion and Greed...
Friday, November 11, 2022

The Journal of American Constitutional History

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I'm proud and excited to be part of the launch of a new journal, called the Journal of American Constitutional History .  A number of Ba...

McCarthy’s Minefields

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     With the latest projections showing House Republicans likely to take a five-seat majority, it seems worth considering what their impe...

Libertarianism or Callousness

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For the Balkinization Symposium on Andrew Koppelman,  Burning Down the House: How Libertarian Philosophy Was Corrupted by Delusion and Greed...
Thursday, November 10, 2022

Saving the House From Destruction A Classical Liberal Response to Andrew Koppelman

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For the Balkinization Symposium on Andrew Koppelman,  Burning Down the House: How Libertarian Philosophy Was Corrupted by Delusion and Greed...