Balkinization

A Thought about the Unitary Executive and the 22nd Amen...

            A fair amount of the argument in favor of the unitary executive mode...

How Important Is Presidential Immunity?

When the Supreme Court decided Trump v. United States last July, critics warned ...

Emerging Outlines of an Executive Power Grab

      One month into the new administration, the typhoon of news stories about r...

John Bingham on Monsters and Natural-Born Fools

From a speech he gave on October 8, 1867:[T]hey framed your matchless Constituti...

Symmetry and Substance

For the Balkinization symposium on Zachary Price, Constitutional Symmetry: Judgi...

Lost in Translation: "Constitutional Symmetry" and the ...

For the Balkinization symposium on Zachary Price, Constitutional Symmetry: Judgi...

Who Is The Audience For This Book?

For the Balkinization symposium on Zachary Price, Constitutional Symmetry: Judgi...

AI, Privacy, and the Politics of Accountability Part 2:...

For the Balkinization Symposium on Ignacio Cofone, The Privacy Fallacy: Harm and...

"Subject to the Jurisdiction" Means "Municipal Jurisdic...

My birthright citizenship article from 2008 discusses the Senate Judiciary Commi...

AI, Privacy, and the Politics of Accountability Part 1:...

For the Balkinization Symposium on Ignacio Cofone, The Privacy Fallacy: Harm and...

Symmetry’s Domain II

For the Balkinization symposium on Zachary Price, Constitutional Symmetry: Judgi...

Symmetry’s Domain

For the Balkinization symposium on Zachary Price, Constitutional Symmetry: Judgi...

The Subtle Vices of the Virtue of Symmetry

For the Balkinization symposium on Zachary Price, Constitutional Symmetry: Judgi...

Symmetry and Constitutional Adjudication

For the Balkinization symposium on Zachary Price, Constitutional Symmetry: Judgi...

Balkinization Symposium on Zachary Price, Constitutiona...

This week at Balkinization we are hosting a symposium on Zachary Price's new b...

A compromise on emergency abortions that red states sho...

It is time for states that have banned abortion to put an end to the horror stor...

Institutional Vandalism

Jonathan Chausovsky The vast uprising of critiques of the current effort to dis...

Trump Isn’t Going to be Impeached. Let’s Not Pretend T...

             Amidst the predictable chaos, cavalier illegality, and general dest...

Learning from Jimmy Carter

     Perhaps this is an odd place to write about the only president since Andrew...

Seven Things About that Trump Amicus Brief in the TikTo...

I published a long post here yesterday regarding the legal issues in TikTok, Inc...

Amicus Brief in FCC v. Consumers' Research

Today I filed an amicus brief with John Q. Barrett in the upcoming Supreme Court...

TikTok Meets the Comstock Act: The Centrality of the D...

[NOTE:  I have updated this post, as of January 4, to include a few points from ...

The New Year and the Necessity of Constitutional Reform...

[Note: After patiently hearing me out on this topic since the election, Jack ask...

Would a Prohibition on TikTok Sharing Sensitive U.S.-Pe...

My colleague David Cole has published a very helpful column on the New York Revi...

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