Balkinization
Blog | Independent
Balkinization is a weblog focused on constitutional, First Amendment, and other civil liberty issues created in 2003 by Jack Balkin, a professor of U.S. constitutional law at Yale Law School. The weblog has been critical of the Bush Administration's record on civil liberty issues in the Global War on Terror following 9/11. As of September 2006, the weblog has had approximately 1.4 million hits since its creation. More » (Source: Wikipedia)
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Why the Sotomayor Nomination Makes Sense
Barack Obama's nomination of Sonia Sotomayor is a good example of how Presidents make Supreme Court appointments: they balance political constituencies they wish to favor or ...Posted by Kaizar Campwala -
Will Al Franken or Norm Coleman be able to claim to be "the people's choice"?
There is nothing in the Constitution that prevents states from adopting voting systems that would do a better job of meeting democratic criteria. It's also the case, ...Posted by Kaizar Campwala -
Some preliminary reflections on Heller
I begin with some "external" considerations. My own hope, spelled out in some prior Balkinization posts, was that the Supreme Court would unanimously accept the very ...Posted by Kaizar Campwala -
So What Does John McCain Think of the President's Constitutional Authority to Violate FISA?
If one examines the entire series of statements, it soon becomes evident either that the Senator and his staff have no earthly idea what they're talking about or (more likely) ...Posted by Kaizar Campwala -
Is Google the New "Media Monopoly"?
Microsoft's hastily renewed courtship with Yahoo --this time centered on a merger of the companies' search advertising businesses -- in order to compete more effectively with ...Posted by Kaizar Campwala -
Dampen Your Expectations
... the nomination will be decided by the superdelegates, who make up about one-fifth of the voting delegates at the convention. The interesting question, I think, is whether ...Posted by Kaizar Campwala -
Obama's Beef
In Obama's vision, presidential success is not measured by how many detailed policy proposals he can ram through Congress. Rather, his vision sets a new standard, that ...Posted by Kaizar Campwala -
What a Constitutional Crisis Looks Like
A question we must ask about current interventions in Africa and elsewhere is whether the "war on terror" drives the U.S. to support reliable friends and to ignore their failings.Posted by Kaizar Campwala -
Fake Centrism/Bipartisanship
The real issue ought to be why some journalists are so excited about the possibility of a third party that might take a middle position between the party clearly to right of ...Posted by Kaizar Campwala -
Now Why Didn't I Think of That? Washington Post Proposes That Senate Ban Torture!
Has it really come to this? Can one of the nation's leading newspapers actually decide to publish the words that it's about time "the Senate" finally "ban torture" -- ...Posted by Kaizar Campwala
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The Supreme Court is All Business – Or Half-Business, Anyway
Now that the Supreme Court’s 2009 Term is under way, it is interesting to look at how the docket is shaping up. Two categories of cases dominate: business cases and criminal ...Posted by Kaizar Campwala -
Kobe Bryant or Anita Bryant? Who Is Big Ben’s Ideal Juror
(Blog Post) Cultural cognition refers to the tendency of people to conform their view of facts to their identity-defining group commitments. We all belong to groups that share basic ...Posted by Kaizar Campwala -
Bailout Bonus Hot Potato: Where Does the Buck Stop?
We live in "a world in which, according to 2006 statistics, one percent of the world’s adults own forty percent of all global assets[,] [t]he richest ten percent own ...Posted by Kaizar Campwala -
For this we had a revolution?
I must also say, as a partisan Democrat, that I genuinely wonder whether Ms. Kennedy, whatever her strengths might be, would necessarily prevail over Peter King or some other ...Posted by Kaizar Campwala -
Why the Bailout isn't Socialist
I've read one too many articles labeling the bailout "socialist," so I'll take a brief stab at explaining why it is not. First, some definitions that I hope are not entirely ...Posted by Kaizar Campwala -
Hamer's Convention
in spite of various sorts of whining accompanying this year's Democratic National Convention, it is an historic moment in more than one way. It was not so long ago that an ...Posted by Kaizar Campwala -
Giving in China
... volunteering, charitable giving and civil participation in general, is on the rise in China. It sounds wholesome, but when it comes to private charities, most are ...Posted by Kaizar Campwala -
The One Country Where Torture is So Likely That Even the United States Will Not Transfer a Detainee There
s recent experience has shown, it takes a great deal of evidence to convince the United States that someone is likely to be tortured by a repressive regime. Finally, the U.S. ...Posted by Kaizar Campwala -
Ending the "War" on Terrorism
The Rand report also argues that American military presence in Muslim countries should be very light, largely confined to training and expertise. One reason for this is that ...Posted by Kaizar Campwala -
Are Campaign-Finance Laws Inherently Incumbent Protecting? Are All Election Laws?
He suggests that all campaign-finance laws are likely to be pro-incumbent. There are two different reasons this might be so. One is that it is inherent in campaign-finance ...Posted by Kaizar Campwala
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Law (18), Bush Administration (16), U.S. Supreme Court (11), U.S. Constitution (8), Torture (6), U.S. Congress (6), Domestic Spying (6), Presidential Election 2008 (6), Human Rights (5), Democratic Party (4), Election Reform (4), National Security (3), Abortion (3), Copyright (3), War in Iraq (3)...
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Marty Lederman (15), Jack Balkin (12), Sandy Levinson (12), Jack M Balkin (4), Scott Horton (4), Stephen Griffin (3), Jb (3), Brian Tamanaha (2), Ian Ayres (2), Mary L Dudziak (2), Mark Graber (2), David Luban (2), Dan Kahan (1), Rashad Hussain (1), Lauren Hilgers (1)...
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