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 that Justice Ginsburg received from liberals. They all could have
Latest from Balkinization
Does Donald Trump hate cops?
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 honest officer who is just doing his job. And so
Why Federalist #70 is Wrong
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 the head of state and head of government. America managed
The Even More Conservative Case for Class Actions?
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 a bad word about a book that argues that
Review Essay, Diego Zambrano, How Americans Enforce the Law
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 and
to explain that distinctively American legal institution:
Legislative Acorns and Judicial Oaks
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, really love
them, as Diego Zambrano shows in his compelling
The Fragility of Our Private Enforcement Republic
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” in millions of cars in order to cheat
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, including Nick Bagley (Michigan), Brian Fitzpatrick (Vanderbilt), Myriam Gilles (Northwestern),
The Administration’s Hagiographic Advertisements
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 this
episode has been decent as far as it goes,
More Fiscal Mismanagement
Happy New
Year! I wish you all a joyous,
fulfilling, and constitutionally compliant new federal fiscal year.
Hey, a
guy can hope, right? The dawn of a new
federal fiscal year seems a