Legal Commentary
Balkinization 
Post Frequency: 3.2/day Last Entry: November 19, 2009 at 16:01:00 Recent Entries: 952
By Jack M. Balkin
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The Murderous Thugs We are Supporting in Afghanistan--and Why a Heroine Wants Us Out
Posted on October 24, 2009And now the inevitable conservative argument that Obama's Nobel Prize is unconstitutional
Posted on October 16, 2009Executive Authority in a post-Westphalian World: How Global Trends Influence U.S. Separation of Powers
Posted on October 01, 2009The Constitution in 2020 -- America and the World Constitutional Rights as Human Rights?
Posted on October 01, 2009John Finnis on Hart, Homosexuality, Immigration, and the Decline of Western Civilization
Posted on September 29, 2009Religious Institutions, Pluralism, and the Infrastructure of Religious Freedom
Posted on September 29, 2009Health Care Reform, the 10th Amendment, and the "Political" Safeguards of Federalism
Posted on September 13, 2009The Inevitable Conservative Argument that Health Care Reform is Unconstitutional
Posted on August 22, 2009What the Media Isn't Covering in the Health Reform Debate--And Why It Matters
Posted on July 20, 2009Constitutional Interpretation and Reliance on the Law of Other Nations: Property Rights Version
Posted on July 16, 2009The Inspector General's Report and The Horse That is Already Out of the Barn Door
Posted on July 11, 2009"We believe that anyone suspected of war crimes should be thoroughly investigated"
Posted on July 10, 2009Boundary-Enforcing Supreme Court Decisions (Part III): How to Recognize Them, Why We Often Don?t
Posted on June 28, 2009Caperton and Boundary-Enforcing Justices Part II: How Vague Law Can Create Stable Outcomes
Posted on June 25, 2009Unfair Competition from Government: "Give me your Retired, your Sick, your Impoverished Masses"
Posted on June 23, 2009Making the Case for the Public Plan, Part II: Public Option as Private Benchmark
Posted on June 15, 2009The Shield of National Protection: The Text and History of Section 5 of the Fourteenth Amendment
Posted on June 11, 2009Making the Case for the Public Plan, Part I: The Difficulty of Private Health Insurance Regulation
Posted on June 08, 2009Equal Rights/Rites, Responsibilities, and Respect for New Hampshire Families
Posted on June 04, 2009The limits of "democratic constitutionalism" with an undemocratic Constitution
Posted on May 31, 2009How Justice Marshall Affected the Court?s Deliberations Just by Sitting There
Posted on May 31, 2009The Return of Liberal Constitutionalism-- And A Note on Democratic Constitutionalism
Posted on May 31, 2009David Frum (American Enterprise Institute) on Judge Sonia Sotomayor: Subprime Reporting, continued.
Posted on May 29, 2009The Voting Rights Act, the Souter Vacancy, and the Future of the Supreme Court
Posted on May 19, 2009Why Information about the Combination of Techniques is Essential--Death Can Result!
Posted on April 23, 2009Facebook's new Terms of Service: How unclear copyright law creates privacy problems
Posted on March 12, 2009Government of the filibuster and by filibuster: Ever more thoughts on our defective Constitution
Posted on March 02, 2009George W. Obama and Barack Hussein Bush: Some Notes on the Presidential Politics of Emergency
Posted on February 28, 2009Why it's fallacious to compare the stimulus bill to, say, reforming the medical care system
Posted on February 25, 2009It may be morning in America, but we still have the same defective Constitution
Posted on February 24, 2009Is the Office of Legal Counsel Constitutional? Some notes on the American Conseil Constitutionnel
Posted on February 18, 2009Professors? Brief in Seventh Circuit Guns Case Calls for the Restoration of the Privileges or Immunities Clause
Posted on February 06, 2009Connecticut Federal Judge Quits, Citing the Lack of a Cost of Living Adjustment as the Reason
Posted on February 03, 2009Obama Executive Order Establishing Lawful Standards of Interrogation and Detention
Posted on January 22, 2009Second Obama Executive Order Setting Up Interagency Task Force on Detention and Trial Practices
Posted on January 22, 2009Third Obama Executive Order Closes Guantanamo Bay, Stops Military Commissions
Posted on January 22, 2009Then & now: D.C. is "the window through which the world looks into our house"
Posted on January 20, 2009Truth and Repudiation: Three Opinions On What to Do With the Bush Administration's Misdeeds
Posted on January 10, 2009Our defective state constitutions? (Or, does this crisis portend the end of what remains of robust federalism?)
Posted on December 29, 2008I unbeg your pardon-- I never promised you, said the man in the Rose Garden
Posted on December 26, 2008Will Al Franken or Norm Coleman be able to claim to be "the people's choice"?
Posted on December 24, 2008A Temporary Exit for Blogojevich? Some Lessons from the Twenty Fifth Amendment
Posted on December 19, 2008Are We Witnessing the Receding Tide of Law and Economics? (The Evolving Views of Judge Posner)
Posted on December 17, 2008A Defender of the Rule of Law Waits in Legal Jeopardy, While Abusers are Doing Well
Posted on December 15, 2008Armed Services Committee States Obvious: Detention Abuses Started at the Top
Posted on December 12, 2008A fine proposal defeated by (among other things) the text of the Constitution
Posted on December 11, 2008Heller, Originalism, and the Revival of the Privileges or Immunities Clause
Posted on December 11, 2008The Gem of the Constitution: The Text and History of the Privileges or Immunities Clause
Posted on December 09, 2008A couple of comments on Sen. Clinton's eligibility to be Secretary of State
Posted on December 03, 2008The Pro-Life Movement After The Election-- And The Beginnings of Compromise
Posted on November 18, 2008The worst reason in the world to deny Joe Lieberman the Chair of the Homeland Security Committee
Posted on November 08, 2008Is a totally unaccountable president the same thing as a "dictator"? You decide.
Posted on October 29, 2008More Political Football at the Expense of Judges: Obama Appointments A Threat to the Rule of Law
Posted on October 28, 2008"Is there something wrong with some seven-year-old Muslim-American kid believing that he or she could be president?"
Posted on October 20, 2008DOJ's Uighur Reply Brief -- You'd Be a Threat to Harm Americans, Too, If We Had Detained You Unlawfully at GTMO for Six Years
Posted on October 16, 2008Hrezo on Burgess, The Founding Fathers, Pop Culture, and Constitutional Law
Posted on October 14, 2008The Royal Bank of Sweden Prize in Economic Sciences in Memory of Alfred Nobel
Posted on October 13, 2008A "natural experiment": Functioning without an effective (or legitimate) government
Posted on October 09, 2008Open Thread on Luker, Buchanan, Cook, Erdmann, Goldstein and Gordon Posts
Posted on October 05, 2008Representatives in Safe Seats, Not Vulnerable Ones, Killed the Bailout Bill
Posted on September 30, 2008How the Financial Crisis is Reshaping Democratic Politics: Term Limits Reconsidered (written with Elizabeth Garrett)
Posted on September 30, 2008War Powers, Guns, and Spitzer's Complaint (with a note on original meaning)
Posted on September 28, 2008Constitutional Privacy? New Directions for Reproductive Rights in the U.S.
Posted on September 25, 2008On "authority" (as distinguished from power), and does George W. Bush have any
Posted on September 24, 2008Have ?Woman-Protective? Studies Resolved the Abortion Debate? Don?t Bet on It
Posted on September 23, 2008Listening to our "economic czar" (or should it be "dictator-presumptive"?)
Posted on September 22, 2008Bush Administration: Give Us More Unreviewable Power; We Did So Well The Last Time We Asked
Posted on September 21, 2008Meet the Odd Couple (Our Current Constitutional Dictators re the Economy)
Posted on September 20, 2008"An Apocalyptic Situation": Jim Comey's (Signed But Unsent) Resignation Letter
Posted on September 14, 2008So What Does John McCain Think of the President's Constitutional Authority to Violate FISA?
Posted on June 06, 2008If the Attorney General Insisted That the Sun Rises in the West, Would the New York Times Treat it as an Open Question?
Posted on June 05, 2008The Maher Arar Scandal and the (Redacted) Homeland Security Inspector Report
Posted on June 05, 2008Posner's Odd Ideas About Law Professors, Law Clerks, and Legalistic Judicial Opinions
Posted on June 04, 2008On Choosing the Right Guide: Crawford & The Carter-Baker Commission Revisited
Posted on June 03, 2008An intriguing institutional design question: shadow redistricting commissions
Posted on May 23, 2008Learning to Link: The Military Commission Decision Disqualifying the Legal Adviser, Brig. Gen. Thomas Hartmann
Posted on May 11, 2008If Partisan Entrenchment Is Correct, Why Bother Articulating A Theory of Constitutional Interpretation?
Posted on May 08, 2008Judge Posner Skewers Textualism-Originalism (Thomas, Scalia), And Reveals the Increasing Politicization of Judging by Conservatives
Posted on May 06, 2008The Legal Formalists and the Legal Realists--A Skeptical Look At An Old Story
Posted on May 05, 2008What, if Anything, Does the Nuremberg Precedent Tell Us About the Criminal Culpability of Government Lawyers?
Posted on May 01, 2008Extreme Treatment Is Not ?An Outrage Upon Personal Dignity? If We Urgently Need the Information (More Deceptive Legal Reasoning from the DoJ)
Posted on April 30, 2008More on Puerto Rico's contribution to the Iraqi War and on participation in the national electoral process
Posted on April 28, 2008Next
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On 08-28 at 21:13PM
Ten months later, Fed must reveal names of emergency lending recipients #FOIA
On 08-25 at 19:02PM
Squeaky Fromme, would-be Ford assassin and Manson devotee, released from prison
On 08-14 at 15:19PM
Likely unintended consequence of cash-for-clunkers stimulus is dampening of 2010 spending
On 08-14 at 14:34PM
Palm seeks to halt Palm Pre Android theme on copyright and trademark ground
On 08-12 at 17:30PM
Congressional investigation demonstrates Karl Rove lied about his active role in US attorney's firing
On 08-12 at 16:20PM
Family of New York City swine flu victim to sue city for failure to secure school #nyc #swineflu
On 08-12 at 12:59PM
Real Network's DVD copying software deemed to break DMCA's anti-circumvention provisions
On 08-12 at 12:57PM
Prepaid funeral operators indicted for $100 Million fraud
On 08-12 at 12:53PM
NY Jets join Cincinnati, Dallas, Green Bay, Houston & Seattle #NFL teams offering branded state lottery games
On 08-12 at 12:43PM
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