an unanticipated consequence of
Jack M. Balkin
Thursday, June 21, 2018
Data Nationalization in the Shadow of Social Credit Systems
Frank Pasquale The political economy of digitization is a fraught topic. Scholars and policymakers have disputed the relative merits o...
Wednesday, June 20, 2018
Cultural contradictions of capitalism II
Ross Douthat has a very interesting column in today's Times (online) noting the transformation in views especially by feminists with re...
Artificial Sovereigns: A Quasi-Constitutional Moment for Tech?
K. Sabeel Rahman Consider the following developments: In recent weeks, the explosive revelations about Cambridge Analytica and its s...
Monday, June 18, 2018
The Cultural Contradictions of Capitalism
I mentioned in a previous post some of my reactions to Patrick Deneen's interesting book Why Liberalism Failed. I noted that many of h...
Hjalmar Schacht and Mitch McConnell
Eugene Davidson’s, The Trial of the Germans was one of the most memorable books I read as a teenager. I was particularly troubled by the...
If you read Justice Kennedy’s opinion in Vieth in 2004 together with the Court’s opinions this morning in Gill v. Whitford and Benisek , ...
Friday, June 15, 2018
Police Surveillance Machines: A Short History
Elizabeth Joh The year 2015 witnessed a dramatic rise in demands for police surveillance machines. After a number of widely...
Thursday, June 14, 2018
Happy Flag Day
Today marks the 75th anniversary of the Supreme Court's opinion in West Virginia State Board of Education v. Barnette , which remains Ju...
ACA's Former Foes Agree DOJ/Texas Have Severability Wrong - An Unusual Amicus Brief That Says a Lot about the Case's Lack of Merit
Today, five scholars who have often opposed one another publicly about the Affordable Care Act--Jonathan Adler, Nick Bagley, Ilya Somin, Ke...
Wednesday, June 13, 2018
Technology, Political Economy, and the Role(s) of Law
Julie E. Cohen [This post is adapted from Part I of my book manuscript, Between Truth and Power: The Legal Construction of Informationa...
The De-Americanization of Internet Freedom
[Cross-posted at Lawfare ] “The Internet,” Ira Magaziner opined in a 1998 speech , is “a force for the promotion of democracy” as well a...
The Minsky Moment in Constitutional Law
During the Panic of 2008, fresh attention was given to the economic research of Hyman Minsky. Minsky proposed a theory to explain periodic f...
Tuesday, June 12, 2018
Further reflections on "the common good"
As noted yesterday both Patrick Deneen's and Steven Brill's new books, about which I am very enthusiastic, both ultimately turn on t...
Monday, June 11, 2018
Non-light reading for the summer of our discontent
Remaining at home recovering from a (successful) hip replacement—though I’m eagerly awaiting a second replacement later this year—offers op...
Friday, June 08, 2018
The Right of Rescission
I was away on a vacation and returned to see Sandy's interesting posts on the ERA. In one respect, I am in complete agreement with him. ...
Just How Indefensible Does an Argument in a Government Brief Have to Be to Cause All the Career Litigators in Federal Programs to Withdraw from the Case?
Late yesterday afternoon, something remarkable—perhaps unprecedented—happened at the Department of Justice. In Texas v. Unite...
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