Balkinization

Balkinization Symposium on Legal Pathways Beyond Dobbs

This week Balkinization we will be hosting a symposium in conjunction with UCLA ...

The Supreme Court is Becoming the ER

By my count, there are now at least four significant emergency motions before th...

Charles Reich to Justice Black (1955): Is Paul, Weiss ...

John Q. BarrettCharles Reich graduated from Yale Law School in 1952. He was on...

The Appellate Void

What would it look like for the executive branch to defy a court order? Typicall...

Nino's Paradox

I have posted a draft of my latest article, Nino's Paradox, on SSRN. Here is the...

The Mystery of Neil Gorsuch

In his new book Over Ruled: The Human Toll of Too Much Law, Supreme Court Justic...

Chilling effects, Trump’s Anti-DEI Executive Orders, an...

Genevieve LakierAt this point in the Trump presidency, it is quite clear that a ...

Birthright Citizenship and the Rosenbergs

Ethel and Julius Rosenberg had two children, both born in New York City. When th...

How to combat social media platform power

Following Donald Trump's election in 2024, the owners of the major tech platform...

Comparative Reflections on Mahmoud Khalil's Case

  The statute invoked in Mahmoud Khalil’s case brings to mind ...

How to Bungle a Budget

      Congress yesterday enacted a continuing resolution (CR) to fund the federa...

A Title VI Demand Letter That Itself Violates Title VI ...

By Kate Andrias, Jessica Bulman-Pozen, Jamal Greene, Olatunde Johnson, Jeremy Ke...

Sondheim and the N word

John Wilkes Booth was a racist murderer, but that apparently wasn’t the worst th...

Another Angle to Birth Citizenship--Follow-Up

I've looked at the Tudor statutes that Blackstone discussed in connection with "...

Another Angle on Birthright Citizenship

When Andrew Johnson vetoed the Civil Rights Act of 1866, one of his reasons was ...

Constitutional Symmetry: Symposium Response Part II

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

Constitutional Symmetry: Symposium Response Part I

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

Not Recommended

 A few days ago I received the following email:Dear Professor Ian Ayres,It's Jes...

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...

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