Balkinization
The Locus of the Law: Loper-Bright and Qualified Immunity
Principled Resignation: The Lawyers’ Dilemma
A Greenland Round Robin
Balkinization Symposium on Maxwell Stearns, Parliamentary America-- Collected Posts
Balkinization Symposium on Ruti Teitel, Presidential Visions of Transitional Justice-- Collected Posts
A Faint-Hearted Parliamentarian’s Response to Commenters
Homage to the Once and Future Government Shutdown
Wrapping Up Loose Ends After The Trump v. Slaughter Oral Argument That Left The Conservative Justices Tangled In Knots
Self-Foot Shooting Is Not a Crime, but . . .
Evaluating Stearns' "Parliamentary America"
Rewiring Our Civics Brain
Audacity Within Limits: On Maxwell Stearns’ Parliamentary America
Changing the Rules of the Game Requires Defending Government By, For, and Of the People
Reponse to the Balkinization Symposium on Presidential Visions of Transitional Justice
An Admiring, But Skeptical Response to Professor Stearns
Greenland is the new Santa Domingo
How the US Digs Out of Constitutional Failure
Balkinization Symposium on Maxwell Stearns, Parliamentary America
The Constitution Against the People: Rethinking Law, Markets, and Democracy
The Supreme Court’s Gay Rights-Religious Liberty Contortions
Presidential Visions of Transitional Injustice
A Tradition Interrupted? Transitional Justice and the Presidency in Contemporary Politics
Exceptional Apologies
Balkinization Symposium on Ruti Teitel, Presidential Visions of Transitional Justice
Balkinization Symposium on David Sloss, People v. The Court-- Collected Posts
Judicial Review and Democratic Renewal
Implied Rights of Action and the Broader Problem of Methodoloigcal Change
The Judicial Restoration(?) of Democracy
Is the Supreme Court Legitimate?
The Radical Center in Contemporary Legal Thought
The Roberts Court’s Unprecedented Abuse of Precedent
Critics of liberalism in Budapest
Is the Constitutional Revolution Yearned For Within Reach?
Another Take on Indiana's Proposed Redistricting
Democracy and the Strong Judicial Review Catch-22
Balkinization Symposium on Judith Resnik, Impermissible Punishments-- Collected Posts
Tariff Twilight
The Structure of Constitutional Revolutions
The Structure of Constitutional Revolutions
The Problems Punishment Produces
Sloss V. The System
Sloss v. The System
Balkinization Symposium on David Sloss, People v. The Court
Balkinization Symposium on John Witt, The Radical Fund -- Collected Posts
Ten Arguments in The Radical Fund (Part 2)
Ten Arguments in The Radical Fund (Part I)
Is Liberalism a Threat to Religious Liberty? A debate in Budapest
The Court's Blush: Undoing Plenary Power Over Tribes
The Reformist Trap: Why Anti-Ruination Cannot Transform the Carceral State
The Perils of Superficial Political Analysis
Are Doughnut Holes a Bug or a Feature?
What the Administration’s SNAP Freeze Teaches Us
Is Punishment Permissible?
The Struggle to Institutionalise Impermissibility
Available Upon Request
Moot is Moot: An Open Letter to the Supreme Court Urging Adherence to Settled Mootness Principles in Little v. Hecox
Prison and Death
Tariffs, Textualism, and a Easier Way Out
Ruination, Democracy and the Participant Attitude
The Public & The Prison
Northwestern’s missed opportunity to fight antisemitism
An Enduring Problem: How to Prevent the Abuse of Prisoners
"Regular Forces:" A Lesson in the Obvious
Couple of Observations About Today's Tariff Argument
The Corporality of Incarceration
Balkinization Symposium on Judith Resnik, Impermissible Punishments
Aspiring Free Speech Scholars Workshop
Upcoming Robert Jackson Event
Congratulations to Marty Lederman
The Administration’s Shutdown of SNAP is Obviously Illegal
An Elegy for the Actual Founding Generation
The Power to Decide
Wherefore Art Thou Philanthropy
Altman on Discrimination and Noncomplicity
Emergency Powers and the Youngstown Concurrence
What Money Can Do: John Witt’s The Radical Fund
Could the Garland Fund Upend America Today?
Rejecting the Compact is a Fiduciary Responsibility—and an Opportunity
Law, Organizing (and Philanthropy) in the Radical Fund
Lessons for Nonprofits in The Radical Fund: The Perils of Self Dealing and the Promise of Incubating Novel Ideas
Warlord for a Day
The Garland Fund and the Perils of Extremist Illiberalism
The Radical Fund – An Historian’s Brief For Social Democracy
New Draft Essay on Birthright Citizenship
Putting labor, civil rights, and civil liberties at the center of the American story
Three Views of the Carnival
The Radical Fund Behind Brown
Balkinization Symposium on John Witt, The Radical Fund
What’s Louisiana v. Callais About? Not Louisiana.
Why a President Might Decline to Appeal
The Legality of the Friday Night Massacre
Reverse Marbury
The Roberts Court’s Unprecedented Abuse of Precedent – And How It Is Destroying the Judiciary’s Role in the System of Checks-and-Balances
No Appeal, No Compliance, No Remedy
E-Book of "The Actual Art Of Governing" Available for Pre-Order
AAUP v. Rubio and the Big Chill
Gaming Out the Appellate Void
The Art of Replacing the Law with the Deal
The Government Shutdown and the Filibuster
Balkinization Symposium on Dylan C. Penningroth, Before the Movement-- Collected Posts
Shutdown, You’d Better Take Care
Virginia Is For Vengeance
Symposium Response Part 2: Centering and de-centering race
Symposium Response Part 1: The strange career of civil rights
Balkinization Symposium on Serena Mayeri, Marital Privilege-- Collected Posts
Oral Argument as Eulogy
Response to Commentators
Jawboning Late Night: A Lesson in How Corporate Consolidation Creates Free Speech Problems
Marital Privilege and Immigration Law
The Problem of "Popular" "Sovereignty"
From Status to Function
Marital Supremacy, Liberalization & Privilege
The Administration’s Self-Created Inability to Make a Deal
Understanding the Roots of Today’s Marital Inequality
Promoting Equality and Marriage
Selective Service and Illegal Aliens
The State of Impoundment Litigation Now
The Staying Power of Marriage Inequality
Balkinization Symposium on Serena Mayeri, Marital Privilege
National Conference of Constitutional Law Scholars -- Call for Papers
Making Policy Based on Falsehoods: The Federal Government vs UCLA
No Ordinary Opinion Announcement
A Grand Jury Will Not Indict a Thrown Ham Sandwich