Balkinization

[For a memorial celebration of Ran Hirschl's life and scholarship at the University of Toronto, November 6, 2026.  Updated version of wh...

        As all of us that have been deeply troubled by what President Trump has done to the country bask in the voters’ response this week, ...

Everyone knows that they are the only two Presidents elected to non-consecutive terms. Few know that Venezuela was a significant issue for b...

Contemporary Democrats might benefit from thinking about how Democrats built winning coalitions during the New Deal and Great Society despit...

 I am a member of the “Beat Trump and his Minions” faction of the Democratic Party. The “Beat Trump and his Minions” faction is opposed to m...

What do neutrality and equality require? These terms have different meanings that can be combined in various ways. The result can be a slipp...

Assume for purposes of discussion that Democrats win control of the Senate next week. In that event, Justices Thomas and Alito will be subje...

Plenty of criminals are stupid and contemptible. Among the lowest of the low are the ones who hate police officers and prosecutors personall...

        In March, I'll give a lecture at Villanova on "The Real Unitary Executive Problem." My argument will be that the Frame...

For the Balkinization symposium on Diego Zambrano , How Americans Enforce the Law (Stanford University Press, 2026) . Brian T. Fitzpatrick ...

For the Balkinization symposium on Diego Zambrano , How Americans Enforce the Law (Stanford University Press, 2026) . James E. Pfander In...

For the Balkinization symposium on Diego Zambrano , How Americans Enforce the Law (Stanford University Press, 2026) . Nick Bagley and David...

For the Balkinization symposium on  Diego Zambrano , How Americans Enforce the Law (Stanford University Press, 2026) . Myriam Gilles   Intr...

This week at Balkinization we are hosting a symposium on  Diego Zambrano 's new book, How Americans Enforce the Law (Stanford Univers...

       Many people are discussing the Administration’s spending taxpayer funds to run partisan advertisements glorifying President Trump les...

               Happy New Year!   I wish you all a joyous, fulfilling, and constitutionally compliant new federal fiscal year.             ...

Donald Drakeman’s impressive historical research in his new book,  The Free Exercise Clause and the Rights of Conscience,  poses a formidabl...