Balkinization

Frank Pasquale The political economy of digitization is a fraught topic. Scholars and policymakers have disputed the relative merits o...

Ross Douthat has a very interesting column in today's Times (online) noting the transformation in views especially by feminists with re...

K. Sabeel Rahman Consider the following developments: In recent weeks, the explosive revelations about Cambridge Analytica and its s...

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...

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 , ...

Elizabeth Joh             The year 2015 witnessed a dramatic rise in demands for police surveillance machines.  After a number of widely...

Today marks the 75th anniversary of the Supreme Court's opinion in West Virginia State Board of Education v. Barnette , which remains Ju...

Today, five scholars who have often opposed one another publicly about the Affordable Care Act--Jonathan Adler, Nick Bagley, Ilya Somin, Ke...

Julie E. Cohen [This post is adapted from Part I of my book manuscript, Between Truth and Power: The Legal Construction of Informationa...

[Cross-posted at Lawfare ] “The Internet,” Ira Magaziner opined in a 1998 speech , is “a force for the promotion of democracy” as well a...

During the Panic of 2008, fresh attention was given to the economic research of Hyman Minsky. Minsky proposed a theory to explain periodic f...

As noted yesterday both Patrick Deneen's and Steven Brill's new books, about which I am very enthusiastic, both ultimately turn on t...

Remaining at home recovering from a (successful) hip replacement—though I’m eagerly awaiting a second replacement later this year—offers op...

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. ...

Late yesterday afternoon, something remarkable—perhaps unprecedented—happened at the Department of Justice.    In Texas v. Unite...