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Balkinization
By Jack M. Balkin Visit the blog
167 published works
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Balkinization
RBG, Justice Thomas, and Justice Alito
By gerardn-maglioccabalkin-blogspot-com
Assume for purposes of discussion that Democrats win control of the Senate next week. In that event, Justices Thomas and Alito will be subject to the same criticism by conservatives…
Balkinization
Does Donald Trump hate cops?
By andrewkoppelmanbalkin-blogspot-com
Plenty of criminals are stupid and contemptible. Among the lowest of the low are the ones who hate police officers and prosecutors personally. They are too dim to comprehend an…
Balkinization
Why Federalist #70 is Wrong
By gerardn-maglioccabalkin-blogspot-com
In March, I'll give a lecture at Villanova on "The Real Unitary Executive Problem." My argument will be that the Framers erred by creating a president who is both…
Balkinization
The Even More Conservative Case for Class Actions?
By guestbloggerbalkin-blogspot-com
For the Balkinization symposium on Diego Zambrano, How Americans Enforce the Law (Stanford University Press, 2026).Brian T. Fitzpatrick How can the author of The Conservative Case for Class Actions say…
Balkinization
Review Essay, Diego Zambrano, How Americans Enforce the Law
By guestbloggerbalkin-blogspot-com
For the Balkinization symposium on Diego Zambrano, How Americans Enforce the Law (Stanford University Press, 2026).James E. Pfander In How Americans Enforce the Law, Diego Zambrano sets out to document…
Balkinization
Legislative Acorns and Judicial Oaks
By guestbloggerbalkin-blogspot-com
For the Balkinization symposium on Diego Zambrano, How Americans Enforce the Law (Stanford University Press, 2026).Nick Bagley and David SchleicherWhy do Americans love private rights of action? Because we really,…
Balkinization
The Fragility of Our Private Enforcement Republic
By guestbloggerbalkin-blogspot-com
For the Balkinization symposium on Diego Zambrano, How Americans Enforce the Law (Stanford University Press, 2026).Myriam Gilles IntroductionWhen the German car manufacturer Volkswagen finally confessed in 2015 to having installed “defeat devices”…
Balkinization
Balkinization Symposium on Diego Zambrano, How Americans Enforce the Law.
This week at Balkinization we are hosting a symposium on Diego Zambrano's new book, How Americans Enforce the Law (Stanford University Press, 2026). We have assembled a terrific group of commentators,…
Balkinization
The Administration’s Hagiographic Advertisements
By davidsuperbalkin-blogspot-com
Many people are discussing the Administration’s spending taxpayer funds to run partisan advertisements glorifying President Trump less than two months before a crucial election. Most media coverage on…
Balkinization
More Fiscal Mismanagement
By davidsuperbalkin-blogspot-com
Happy New Year! I wish you all a joyous, fulfilling, and constitutionally compliant new federal fiscal year. Hey, a guy can hope, right? …