Balkinization is a legal blog that focuses on constitutional law, transitional justice, and judicial review. It hosts symposia and discussions on contemporary legal scholarship, including analyses of constitutional revolutions, democratic renewal, and statutory interpretation. The blog features contributions from legal scholars and practitioners who explore the ethical, political, and methodological dimensions of law, particularly in the context of American democracy and international law. Topics often include the role of courts in democracy, the evolution of legal doctrines, and the challenges of interpreting statutes under changing judicial philosophies. Balkinization serves as a platform for critical engagement with legal theory and practice.
For the Balkinization Symposium on the Global Political Economy of Artificial Intelligence.Amy L. Stein
It has
been three and a half years since ChatGPT exploded on the scene, and many have
yet to wrap their heads around the environmental, economic,…
For the Balkinization Symposium on the Global Political Economy of Artificial Intelligence.
Ignacio Cofone
[This essay distills part
of the argument in Ignacio Cofone, Institutional Accountability and
Legitimate Inference in Algorithmic Adjudication: Beyond Trustworthy AI,
forthcoming in Cambridge Forum on…
…
Does liberty mean a right to kill other people’s children,
slowly and painfully? It would, if the Trump Administration had its
way. It’s pressing
states to allow broad vaccine exemptions as part of its larger
campaign against settled
medical practice.…
The Fourth Circuit today held that a South Carolina law restricting “no-excuse” absentee mail-in ballots to voters 65 and older violates the 26th Amendment. This decision stands in contrast to other circuits that upheld related laws during the pandemic. The…
I have posted a draft of my latest article, Technology and Constitutional Rot, on SSRN. Here is the abstract:Technological change
affects the Constitution not only by creating new problems of constitutional
interpretation, but also by changing the distribution of…
Despite the lack of constitutional
amendments with respect to war powers, there are two inescapable legal changes
that must be kept in mind when analyzing questions of war powers in the
present. Along the pathway pioneered by
Bruce Ackerman, one…
…
It has been difficult for
participants in the war powers debate to describe accurately the legal status
quo. Is the WPR’s constitutionality in
dispute? If it is constitutional, does
it play a meaningful role? Are AUMFs the
constitutional equivalent of…
President Trump’s February decision
to go to war with Iran has produced a negative reaction in Congress and
inspired another round in the war powers debate among pundits and legal
commentators. Once again, probably more
heat has been generated than…
