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Sunday, August 30, 2026

The Tech Energy Transition

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For the Balkinization Symposium on the Global Political Economy of Artificial Intelligence. Amy L. Stein   It has been three and a half ye...
Saturday, August 29, 2026

Public Institutions Can’t Outsource Their Reasoning

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For the Balkinization Symposium on the Global Political Economy of Artificial Intelligence. Ignacio Cofone [This essay distills part of ...

Balkinization Symposium on the Global Political Economy of Artificial Intelligence

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On March 27th-28th, the Yale Information Society Project held a conference on  The Global Political Economy of Artificial Intelligence . The...
Wednesday, August 19, 2026

Trump, vaccination, and the right to kill children

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Does liberty mean a right to kill other people’s children, slowly and painfully?  It would, if the Trump Administration had its way.  It’s  ...
Tuesday, August 18, 2026

26th Amendment Circuit Split

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The Fourth Circuit today held that a South Carolina law restricting "no-excuse" absentee mail-in ballots to voters 65 and older v...
Sunday, August 16, 2026

Technology and Constitutional Rot

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I have posted a draft of my latest article, Technology and Constitutional Rot , on SSRN. Here is the abstract: Technological change affects ...
Thursday, August 13, 2026

Analyzing War Powers: Ways Forward (Part 3)

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  Despite the lack of constitutional amendments with respect to war powers, there are two inescapable legal changes that must be kept in min...
Wednesday, August 12, 2026

Milton, Mill, and (Maybe) Aristotle on Why Hearing Horrible Speech Makes You a Better Person

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How do you sell the idea of free speech to people who worry that words hurt?  In the last few years, there have been increasing demands, mos...
Saturday, August 08, 2026

What’s Wrong with the War Powers Debate (Part 2)

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It has been difficult for participants in the war powers debate to describe accurately the legal status quo.   Is the WPR’s constitutionalit...
Tuesday, August 04, 2026

The Iran War and the War Powers Debate (Part 1)

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President Trump’s February decision to go to war with Iran has produced a negative reaction in Congress and inspired another round in the wa...
Sunday, August 02, 2026

The Groundhog Day Tariffs and the Problem of Executive Discretion

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       Amidst a flurry of wildly erroneous charts and figures President Trump announced his “Liberation Day” tariffs on April 2, 2025.   The...
Friday, July 31, 2026

Presidential Accountability and the Twenty-Second Amendment: A Little Math

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      Note:   Having just spent the morning writing a short essay about the Twenty-Second Amendment, I was dismayed to find that Jeffrey Gor...

Trump v. Slaughter and the Twenty-Second Amendment

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Jeffrey N. Gordon               Supreme Court decisions of the recent term threaten to undermine the regulatory system that has supported ...
Thursday, July 30, 2026

Justified and Unjustified Loss of Trust (in institutions)

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You may have heard of the “ Yale Report ” – in April Yale University released a thoroughly researched response to public concern with univer...
Tuesday, July 28, 2026

Dobbs and Now B.P.J.

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Reva Siegel & Mary Ziegler Alliance Defending Freedom (ADF), the conservative Christian legal organization that litigated Dobbs , is n...
Friday, July 24, 2026

From Off the Wall to On the Wall: How Social Power Shapes Legal Reason

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I've posted my latest article, From Off the Wall to On the Wall: How Social Power Shapes Legal Reason , to SSRN. Here is the abstract: T...
Tuesday, July 21, 2026

Fiscal Floundering

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      Our nation continues its transition from congressional to presidential fiscal control.   Retainers of the ancièn regime (“Members of ...