Balkinization

Liberation Day From Liberation Day

The Court of International Trade held today that most of the Administration's ta...

Originalism as Novelty and Our Merely De Facto President

Trump under Section 3 of the Fourteenth Amendment is merely de facto president o...

Who Will be the Executor of Humphrey's Executor?

One puzzle created by today's emergency order is that nobody now has a reason to...

Emergency Powers in a Nutshell

The appeal, however, that we declare the existence of inherent powers ex necessi...

The Weapons of the Weak Before the Movement

For the Balkinization symposium on Dylan C. Penningroth, Before the Movement: Th...

Did Race Distort the rule of Taft v. Hyatt?

For the Balkinization symposium on Dylan C. Penningroth, Before the Movement: Th...

Black Civil Rights and Black Corporate Rights

For the Balkinization symposium on Dylan C. Penningroth, Before the Movement: Th...

What Did “Subject to the Jurisdiction of the United Sta...

Michael L. RosinIn a recent Balkinization post Gerard Magliocca noted that he co...

How to Avoid Accountability

     The cuts and chaos generated by the Orwellian-named Department of Governm...

Picking a Book Cover

Let me take a moment to explain why I picked this cover for my new book. I rejec...

A Justice Souter Anecdote, or “Seeing a World in a Grai...

Editors of constitutional law casebooks scramble at the end of each Term to edit...

The Appellate Void and Trump v. CASA

At yesterday's birthright citizenship oral argument, several justices (most nota...

Penningroth’s Achievement

For the Balkinization symposium on Dylan C. Penningroth, Before the Movement: Th...

The Government's "Domicile" Argument on Birth Citizenship

One thing that was clear from today's argument is that the Court will not reach ...

Legal Pluralism in “Before the Movement”

For the Balkinization symposium on Dylan C. Penningroth, Before the Movement: Th...

American Bar Association Silver Gavel Award for The Pre...

 I'm honored and thrilled that my book, The Presidents and the People, highlight...

Looking for Law in All the Wrong Places: Dylan Penning...

For the Balkinization symposium on Dylan C. Penningroth, Before the Movement: Th...

Balkinization Symposium on Dylan C. Penningroth, Before...

This week at Balkinization we are hosting a symposium on Dylan C. Penningroth...

Review It All

By Katharina Pistor and David Pozen Governance reform has become the latest fla...

Academic Freedom of Law Reviews: Personal Statements Un...

 Academic freedom—classically defined as the freedom of research and teaching—is...

The Shared DNA of Roe and Dobbs: Potential Life as a To...

For the Balkinization Symposium on Legal Pathways Beyond Dobbs. Kimberly Mutcher...

Anti-Devaluation as Reproductive Justice

For the Balkinization Symposium on Legal Pathways Beyond Dobbs.  Laura Portuond...

"The Actual Art of Governing" Now Available for Pre-Order

I'm pleased to announce that my next book is now available for pre-order from Ox...

Letter to the Brazilians, 1977

I have never signed an open letter, for the usual reasons people adopt this poli...

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