Balkinization

For the Balkinization Symposium on Ignacio Cofone, The Privacy Fallacy: Harm and Power in the Information Economy Cambridge University Pres...

For the Balkinization Symposium on Ignacio Cofone,  The Privacy Fallacy: Harm and Power in the Information Economy  Cambridge University Pre...

This week at Balkinization we are hosting a symposium on Ignacio Cofone's new book, The Privacy Fallacy: Harm and Power in the Inform...

This is the title of my new draft paper on SSRN. Here is the Abstract: This Essay explores the most remarkable constitutional argument ever...

Jerome Copulsky’s “American Heretics: Religious Adversaries of Liberal Order” is an engaging historical survey of Christian theocratic oppon...

 When and How Should Courts Use AI? (coauthored by Harry Surden) The debate between constitutional formalists and realists has largely focus...

(coauthored by Harry Surden) To investigate how modern AI systems handle constitutional interpretation, we conducted a simple simulation usi...

At a panel at the Federalist Society Lawyers Convention in Washington, DC earlier this month (where I served the familiar role of token left...

  Loper Bright is a maddening opinion for statutor y interpretation afficionado s. The Court killed Chevron based on purported theories of s...

 (coauthored by Harry Surden) At least since Jeremy Bentham, legal formalists in the Anglo-American tradition have dreamed of making the law...

(coauthored by Harry Surden) There is probably no single definition of artificial intelligence that most scholars would agree to. However, o...

Originalism as practiced by historians, who by "original" mean "authentic," yields different results than originalism as...

For the Balkinization symposium on Kunal Parker,  The Turn to Process: American Legal, Political, and Economic Thought , 1870–1970 (Cambridg...

For the Balkinization symposium on Kunal Parker,  The Turn to Process: American Legal, Political, and Economic Thought , 1870–1970 (Cambridg...

For the Balkinization symposium on Kunal Parker,  The Turn to Process: American Legal, Political, and Economic Thought , 1870–1970 (Cambridg...

For the Balkinization symposium on Kunal Parker,  The Turn to Process: American Legal, Political, and Economic Thought , 1870–1970 (Cambridg...

Harry Surden and I have posted a new paper to SSRN titled "Artificial Intelligence and Constitutional Interpretation." Here is the...

     The great majority of legal academics are appalled at the nation’s verdict last week on former President Donald Trump and the Republi...

For the Balkinization symposium on Kunal Parker,  The Turn to Process: American Legal, Political, and Economic Thought , 1870–1970 (Cambridg...

This week at Balkinization we are hosting a symposium on Kunal Parker's new book, The Turn to Process: American Legal, Political, and ...

President-elect Donald Trump’s victory has revived the accusation that he is a fascist. Some even fear that he will try to make himself   di...

The Brits decided that the American election wasn't sufficiently interesting to warrant around-the-clock coverage -- so the decided to e...

Bruce Ackerman I’ll be live on air with @CalumAM on @TimesRadio at 12:20am ET reacting to the results from the US election as they roll in… ...

       As we enter a day of suspense, likely followed by many more of disputes should former President Trump lose, I am struck by the diverg...

 I spoke with Tom Joscelyn, a principal author of the House January 6 Report, on the Just Security Podcast about my new book, The Presidents...

  To the extent that Trumpism has any intellectual basis, it's that articulated by J.D. Vance, and Vance's principal philosophical g...

Here are the collected posts for our Balkinization symposium on Jeremy Kessler's forthcoming article, Law and Historical Materialism .  ...

The Washington Post deserves our gratitude for its craven, contemptible decision not to endorse any presidential candidate. I explain in a n...

For the Balkinization Symposium on Jeremy Kessler,  Law and Historical Materialism . Jeremy Kessler   In Part I of this Reply, I addresse...

  Perhaps mistakenly (because almost certainly the pro-Musk/Trump side isn’t really concerned about legal details), in try...

On Monday, October 21, the Harvard Safra Center will host an event on my new book,  The Presidents and the People: Five Leaders Who Threaten...

Charlie Martel Recently, I’ve argued for a federal constitutional right to vote for president. No court has yet held that citizens have an ...

For the Balkinization Symposium on Jeremy Kessler,  Law and Historical Materialism .  Jeremy Kessler I am indebted to the seven legal scho...