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Friday, October 03, 2025

The Government Shutdown and the Filibuster

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     Senate Majority Leader John Thune evidently plans to keep bringing up the House-passed continuing resolution daily so that Senate Democ...
Wednesday, October 01, 2025

Balkinization Symposium on Dylan C. Penningroth, Before the Movement-- Collected Posts

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Here are the collected posts for our Balkinization symposium on Dylan C. Penningroth, Before the Movement: The Hidden History of Black Ci...

Shutdown, You’d Better Take Care

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     Appropriations for much of the federal government just lapsed.   This begins a partial shutdown of the federal government.   The gene...
Saturday, September 27, 2025

Virginia Is For Vengeance

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Presidents sometimes try to wield the criminal law against their political opponents. It never works. Jefferson went after Aaron Burr. That ...
Thursday, September 25, 2025

Symposium Response Part 2: Centering and de-centering race

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For the Balkinization symposium on Dylan C. Penningroth,  Before the Movement: The Hidden History of Black Civil Rights (Liveright, 2023). D...
Wednesday, September 24, 2025

Symposium Response Part 1: The strange career of civil rights

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For the Balkinization symposium on Dylan C. Penningroth,  Before the Movement: The Hidden History of Black Civil Rights (Liveright, 2023). D...
Tuesday, September 23, 2025

Balkinization Symposium on Serena Mayeri, Marital Privilege-- Collected Posts

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Here are the collected posts for our Balkinization symposium on Serena Mayeri, Marital Privilege: Marriage, Inequality, and the Transforma...

Oral Argument as Eulogy

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In Gideon v. Wainwright, Justice Harlan concurred that Betts v. Brady should be overruled but complained that Betts "is entitled to a m...
Monday, September 22, 2025

Response to Commentators

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For the Balkinization symposium on Serena Mayeri,  Marital Privilege: Marriage, Inequality, and the Transformation of American Law  (Yale Un...

Jawboning Late Night: A Lesson in How Corporate Consolidation Creates Free Speech Problems

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Daniel Browning ABC Pulls Kimmel Off the Air On Wednesday, September 17 th , ABC announced its decision to pull “Jimmy Kimmel Live!” of...
Tuesday, September 16, 2025

Marital Privilege and Immigration Law

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For the Balkinization symposium on Serena Mayeri,  Marital Privilege: Marriage, Inequality, and the Transformation of American Law  (Yale Un...