Balkinization

If I'm not mistaken, the Supreme Court just stayed a provision of a district court preliminary injunction that does not exist , and in ...

National leaders around the world have taken extreme measures to curb COVID-19, leading to fears of human rights abuses and presidential pow...

"Elections are the fossil fuel of politics."  This incendiary sentence comes form a fascinating book, Against Elections, by David ...

We often hear that the current COVID crisis came “out of the blue,” that “nobody” was expecting it.* But anyone with a decent grasp of press...

Let me begin with where I certainly agree with Jack:  Adrian Vermeule is in fact promoting Catholic integralism (just as some Protestants, i...

One of the distinctive claims in Adrian Vermeule's recent constitutional work is his argument that government authority should endeavor ...

Here are the collected posts for our Balkinization symposium on Helen Norton's new book, The Government's Speech and the Constitu...

Imagine a regime whose fundamental law is only to be found in ancient archives, whose mysterious contents take years to unearth, layer by ...

More than forty years ago, Guido Calabresi and Phillip Bobbitt wrote Tragic Choices: The Conflicts Society Confronts in the Allocation of Tr...

For the Symposium on Helen Norton, The Government's Speech and the Constitution (Cambridge University Press, 2019). Helen Norton ...

For the Symposium on Helen Norton, The Government's Speech and the Constitution (Cambridge University Press, 2019). Helen Norton ...

In the present pandemic, with massive shortages of medical equipment, central planning and rationing is an imperative .  Until the shorta...

             After quite a bit of work over the last two years, I've finally posted "Optimistic Originalism and the Reconstruct...

With Passover coming soon, Tablet Magazine has published a little essay I've written called Sinai and Philadelphia .  The essay offers ...

Given the recent excellent symposium on Helen Norton's book on government speech, I cannot refrain from noting that this afternoon's...

Gerard's post raises absolutely central questions that too often go undiscussed.  I note for the self-serving record that my wife and I,...

If you understand why central economic planning has almost always been a disastrous failure, you should also understand why we need central ...

Here's another reason why the Senate needs to adopt remote voting and quorum calls now. Senator Rand Paul may well have infected much of...

I once sued Yale for closing down its facilities. The year was 1984 and the University, in the midst of a 10-week clerical workers’ strike,...

     With furious negotiations under way about a third coronavirus response bill, this seemed a good time to discuss how titanic legislatio...

Congress is frantically considering emergency legislation. The current rules of both the Senate and the House of Representatives, though, do...