Balkinization

For the Balkinization Symposium on David Sloss,  People v. The Court: The Next Revolution in Constitutional Law  (Cambridge University Press...

"Is the Supreme Court Legitimate?," a recent panel discussion between me, Gerard Bradley (Notre Dame), and Richard Epstein (Chicag...

For the Balkinization Symposium on David Sloss,  People v. The Court: The Next Revolution in Constitutional Law  (Cambridge University Press...

Now on SSRN: The Roberts Court’s Unprecedented Abuse of Precedent – A Fundamentally Revised Version of My Earlier Essay on SSRN   Abstract: ...

  An interesting conversation , on the Danube Institute's podcast from Budapest, with Philip Pilkington and Jacob Williams, delightful i...

For the Balkinization Symposium on David Sloss,  People v. The Court: The Next Revolution in Constitutional Law  (Cambridge University Press...

The Senate in my home state of Indiana will take up redistricting next week. I don't know how that vote will go, though I do know that i...

For the Balkinization Symposium on David Sloss,  People v. The Court: The Next Revolution in Constitutional Law  (Cambridge University Press...

Here are the collected essays for our Balkinization symposium on Judith Resnik, Impermissible Punishments: How Prison Became a Problem for...

We are now about a month out from oral argument in the tariff case. Costco filed suit the other day to get refunds. Surely other similar sui...

For the Balkinization Symposium on David Sloss,  People v. The Court: The Next Revolution in Constitutional Law  (Cambridge University Press...

For the Balkinization symposium on Judith Resnik,  Impermissible Punishments: How Prison Became a Problem for Democracy  (University of Chic...

For the Balkinization Symposium on David Sloss,  People v. The Court: The Next Revolution in Constitutional Law  (Cambridge University Press...

This week at Balkinization we are hosting a symposium on David Sloss's new book, People v. The Court: The Next Revolution in Constitut...

Here are the collected posts for our Balkinization symposium on John Witt's new book, The Radical Fund: How a Band of Visionaries and ...

For the Balkinization symposium on John Witt,  The Radical Fund: How a Band of Visionaries and a Million Dollars Upended America  (Simon and...

For the Balkinization symposium on John Witt,  The Radical Fund: How a Band of Visionaries and a Million Dollars Upended America  (Simon and...

If any of you happen to be in Budapest on Dec. 3, stop by the Danube Institute for my event and say hi.

Lorianne Updike Schulzke On November 10, the Supreme Court declined to disturb Congress' plenary power over Tribes by  denying certiorar...

For the Balkinization symposium on Judith Resnik,  Impermissible Punishments: How Prison Became a Problem for Democracy  (University of Chic...

     In the wake of the Democratic capitulation to end the government shutdown, activists and commentators called for retribution against th...

One part of the tariff argument puzzled me. Justice Kavanaugh said that reading IEEPA to exclude tariff authority would create a "dough...

        For more than a decade, Congress has provided a contingency reserve to fund the Supplemental Food Assistance Program (SNAP) during g...

For the Balkinization symposium on Judith Resnik,  Impermissible Punishments: How Prison Became a Problem for Democracy  (University of Chic...

For the Balkinization symposium on Judith Resnik,  Impermissible Punishments: How Prison Became a Problem for Democracy  (University of Chic...

 

Vik Amar and I have just published a short essay in the form of an open letter to the Supreme Court concerning Little v. Hecox , the case ...

For the Balkinization symposium on Judith Resnik,  Impermissible Punishments: How Prison Became a Problem for Democracy  (University of Chic...

I have a essay up at Scotusblog that dissects the Court's focus on verbs and other favorite linguistic rules of textualism at the oral a...

For the Balkinization symposium on Judith Resnik,  Impermissible Punishments: How Prison Became a Problem for Democracy  (University of Chic...

For the Balkinization symposium on Judith Resnik,  Impermissible Punishments: How Prison Became a Problem for Democracy  (University of Chic...

Some students at my university, Northwestern, have been protesting and refusing a requirement that they watch a training video about antisem...