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Is the president above the law? Is the Electoral College democratic? In this episode, historian Jonathan Gienapp critiques the mainstream use of originalism, arguing that it often neglects crucial historical context, overlooking the complexities of original public understanding. The conversation dives into recent court cases, highlighting tensions between historical interpretation and contemporary judicial practices. This is clearly illustrated in Gienapp's discussion of the Electoral College—a uniquely American invention. He explains the historical roots of the Electoral College, the Framers' intentions, and the criticisms it faces today. He also sheds light on how the Electoral College emerged as a compromise among less desirable options and the historical context surrounding its establishment, including issues of accountability and regional interests. The conversation also touches on ongoing debates about potential reforms, public sentiment toward a national popular vote, and the challenges of amending the Constitution in today's contentious political landscape. Join us for an enlightening discussion that bridges history with contemporary constitutional debates.Connect:Episode Transcripts >>> Stanford Legal Podcast WebsiteStanford Legal Podcast >>> LinkedIn PageRich Ford >>> Twitter/XPam Karlan >>> Stanford Law School PageStanford Law School >>> Twitter/XStanford Law Magazine >>> Twitter/XLinks:Jonathan Gienapp >>> Stanford Law School Page(00:00:00) Chapter 1: Introduction and the Flaws of OriginalismHosts Pam Karlan and Rich Ford discuss the key issues with modern originalism, focusing on how originalists often overlook the historical context necessary to truly capture the Constitution's original meaning with historian Jonathan Gienapp. Gienapp critiques the flexibility of originalist interpretations, especially when applied to complex constitutional concepts like freedom of speech and executive power.(00:04:33) Chapter 2: Public Meaning vs. Original IntentRich Ford explores the tension between public meaning and original intent in originalist theory. Gienapp explains how, despite attempts to distinguish them, the two often overlap in practice. The discussion highlights the inconsistency in how originalists pick and choose historical evidence to support their interpretations.(00:07:47) Chapter 3: Judicial Interpretation in Practice: Rahimi and Trump CasesPam Karlan brings up recent court cases, including United States v. Rahimi and Trump v. United States, where originalist judges either struggled with historical evidence or avoided it altogether. Gienapp notes the irony of originalists relying on minimal historical analysis when it contradicts their desired outcomes.(00:12:04) Chapter 4: The Framers' Vision of the PresidencyJonathan Gienapp discusses the historical foundations of the American presidency, emphasizing the founding generation's rejection of monarchy and the importance of presidential accountability. He highlights the debate at the Constitutional Convention regarding the balance between a strong executive and ensuring that executive power remains accountable to the people.(00:17:06) Chapter 5: Originalism and Constitutional InterpretationJonathan Gienapp delves into the complexities of originalism as a judicial philosophy. He explains the tension between the rhetoric of originalism and its inconsistent application in Supreme Court decisions. He argues for either a more serious commitment to originalism or a recognition of constitutional pluralism, where history is used alongside other interpretative methods.(00:21:39) Chapter 6: The Origins and Challenges of the Electoral CollegeExploration of the creation of the Electoral College, discussing how it emerged not as a perfect solution but as a compromise to address competing concerns about legislative selection, popular votes, and regional interests. Gienapp examines past and present efforts to reform the Electoral College and explains why it persists despite criticism.
Welcome back, dear listeners, to season nine of Digging a Hole! We're just as surprised as you are that we haven't been taken off the air yet, but we're here and ready to keep producing hit after hit— at least while Yale Law School keeps funding us, anyway. After a summer of roller-coaster legal and political action, we're ready to help you navigate the turbulent times ahead. But before we get to current events, it's worth dwelling on history. And today we're excited to have on the pod our colleague Jack Balkin, Knight Professor of Constitutional Law and the First Amendment at Yale Law School, to discuss his new book, sure to be a classic in constitutional theory, Memory and Authority: The Uses of History in Constitutional Interpretation. To start off, Sam engages Balkin over the question of why, under the latter's taxonomy, history isn't a unique modality of constitutional interpretation. Next, Balkin explains what constitutional lawyers do, what makes their argumentative tools unique, and the relationship between history, memory, and the rhetoric of law. We dive into (what else?) originalism, both as an academic discipline with fancy conferences in San Diego and as a political ideology that reigns supreme in the courts (at least in cafeteria-form). If we haven't piqued your interest, this episode features for the first time on the pod, according to our memory but perhaps not our history, one Mr. Hegel. Strap in and enjoy. This podcast is generously supported by Themis Bar Review. Referenced Readings Constitutional Interpretation by Philip Bobbitt The Philosophy of History by G.W.F. Hegel State Repression and the Labors of Memory by Elizabeth Jelin “Interdisciplinarity as Colonization” by Jack Balkin “The Crystalline Structure of Legal Thought” by Jack Balkin Introduction to the Philosophy of History by G.W.F. Hegel Zahkor: Jewish History and Jewish Memory by Yosef Hayim Yerushalmi “Collective Memory and Historical Consciousness” by Amos Funkenstein “What is a Nation?” by Ernest Renan
Professor Jack Balkin stops by Supreme Myths to discuss the appropriate role of historian, tradition, and memory in constitutional interpretation and his great new book on the subject.
In this week's episode, Jeremi and Zachary are joined by Sanford Levinson to discuss the 2000 election, the Supreme Court decision that finalized it, and how this decision has had ramifications throughout modern history. Zachary sets the scene with his poem entitled, "The Court Has Stopped the Count" Sanford Levinson, who holds the W. St. John Garwood and W. St. John Garwood, Jr. Centennial Chair in Law, joined the University of Texas Law School in 1980. Previously a member of the Department of Politics at Princeton University, he is also a Professor in the Department of Government at the University of Texas. Levinson is the author of approximately 400 articles, book reviews, or commentaries in professional and popular journals--and a regular contributor to the popular blog Balkinization. He has also written six books: Constitutional Faith (1988, winner of the Scribes Award, 2d edition 2011); Written in Stone: Public Monuments in Changing Societies (1998); Wrestling With Diversity (2003); Our Undemocratic Constitution: Where the Constitution Goes Wrong (and How We the People Can Correct It)(2006); Framed: America's 51 Constitutions and the Crisis of Governance (2012); An Argument Open to All: Reading the Federalist in the 21st Century (2015); and, with Cynthia Levinson, Fault Lines in the Constitution: The Framers, Their Fights, and teh Flaws that Affect Us Today (forthcoming, September 2017). Edited or co-edited books include a leading constitutional law casebook, Processes of Constitutional Decisionmaking (6th ed. 2015, with Paul Brest, Jack Balkin, Akhil Amar, and Reva Siegel); Nullification and Secession in Modern Constitutional Thought (2016); Reading Law and Literature: A Hermeneutic Reader (1988, with Steven Mallioux); Responding to Imperfection: The Theory and Practice of Constitutional Amendment (1995); Constitutional Stupidities, Constitutional Tragedies (1998, with William Eskridge); Legal Canons (2000, with Jack Balkin); The Louisiana Purchase and American Expansion (2005, with Batholomew Sparrow); Torture: A Collection (2004, revised paperback edition, 2006); and The Oxford Handbook on the United States Constitution (with Mark Tushnet and Mark Graber, 2015). He received the Lifetime Achievement Award from the Law and Courts Section of the American Political Science Association in 2010. He has been a visiting faculty member of the Boston University, Georgetown, Harvard, New York University, and Yale law schools in the United States and has taught abroad in programs of law in London; Paris; Jerusalem; Auckland, New Zealand; and Melbourne, Australia. He was a Fellow at the Institute for Advanced Study in Princeton in 1985-86 and a Member of the Ethics in the Professions Program at Harvard in 1991-92. He is also affiliated with the Shalom Hartman Institute of Jewish Philosophy in Jerusalem. A member of the American Law Institute, Levinson was elected to the American Academy of Arts and Sciences in 2001. He is married to Cynthia Y. Levinson, a writer of children's literature, and has two daughters and four grandchildren.
Congress is attempting to pass a bill that would implement a deal that President Biden reached with Speaker McCarthy and House Republicans. The issues are many - what does the President due if the bill is not passed? How imminent is the threat of default? Would a default be constitutional? Does the Constitution require any action by the President in such a situation? What does the 14 Amendment, Section 4, say about this? What does an originalist analysis of the global situation look like? We bring the best experts from both sides of the political aisle for a vigorous but intellectually honest debate on the subject, and in the process, hope to find some areas of agreement and wide areas to enrich our audience.
The newly Republican House is threatening to refuse to raise the debt ceiling, raising the spectre of a US default. Given the 14th amendment, section 4's prohibition on “questioning” the debt of the United States, all sorts of constitutional questions and strategies have been raised. We are fortunate to welcome Professor Jack Balkin, who knows more about this provision and this topic than anyone, to explain the origin of this constitutional provision, and why its history is directly relevant to today's developments. Meanwhile, what about the trillion-dollar coin and other mind-blowing approaches to the problem? We've got the lowdown on those, too.
One of the most fiercely debated issues of this era is what to do about "bad" speech, hate speech, disinformation, propaganda campaigns, incitement of violence on the internet, and, in particular, speech on social media platforms such as Facebook and Twitter. In Social Media, Freedom of Speech, and the Future of our Democracy (Oxford University Press, 2022), Lee C. Bollinger and Geoffrey R. Stone have gathered an eminent cast of contributors--including Hillary Clinton, Amy Klobuchar, Sheldon Whitehouse, Mark Warner, Newt Minow, Tim Wu, Cass Sunstein, Jack Balkin, Emily Bazelon, and others--to explore the various dimensions of this problem in the American context. They stress how difficult it is to develop remedies given that some of these forms of "bad" speech are ordinarily protected by the First Amendment. Bollinger and Stone argue that it is important to remember that the last time we encountered major new communications technology-television and radio-we established a federal agency to provide oversight and to issue regulations to protect and promote "the public interest." Featuring a variety of perspectives from some of America's leading experts on this hotly contested issue, this volume offers new insights for the future of free speech in the social media era. Lee C. Bollinger became Columbia University's 19th president in 2002 and is the longest-serving Ivy League president. He is also Columbia's first Seth Low Professor of the University, and a member of the Law School faculty. Geoffrey R. Stone is the Edward H. Levi Distinguished Service Professor at the University of Chicago. Caleb Zakarin is the Assistant Editor of the New Books Network (Twitter: @caleb_zakarin). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/new-books-network
One of the most fiercely debated issues of this era is what to do about "bad" speech, hate speech, disinformation, propaganda campaigns, incitement of violence on the internet, and, in particular, speech on social media platforms such as Facebook and Twitter. In Social Media, Freedom of Speech, and the Future of our Democracy (Oxford University Press, 2022), Lee C. Bollinger and Geoffrey R. Stone have gathered an eminent cast of contributors--including Hillary Clinton, Amy Klobuchar, Sheldon Whitehouse, Mark Warner, Newt Minow, Tim Wu, Cass Sunstein, Jack Balkin, Emily Bazelon, and others--to explore the various dimensions of this problem in the American context. They stress how difficult it is to develop remedies given that some of these forms of "bad" speech are ordinarily protected by the First Amendment. Bollinger and Stone argue that it is important to remember that the last time we encountered major new communications technology-television and radio-we established a federal agency to provide oversight and to issue regulations to protect and promote "the public interest." Featuring a variety of perspectives from some of America's leading experts on this hotly contested issue, this volume offers new insights for the future of free speech in the social media era. Lee C. Bollinger became Columbia University's 19th president in 2002 and is the longest-serving Ivy League president. He is also Columbia's first Seth Low Professor of the University, and a member of the Law School faculty. Geoffrey R. Stone is the Edward H. Levi Distinguished Service Professor at the University of Chicago. Caleb Zakarin is the Assistant Editor of the New Books Network (Twitter: @caleb_zakarin). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/political-science
One of the most fiercely debated issues of this era is what to do about "bad" speech, hate speech, disinformation, propaganda campaigns, incitement of violence on the internet, and, in particular, speech on social media platforms such as Facebook and Twitter. In Social Media, Freedom of Speech, and the Future of our Democracy (Oxford University Press, 2022), Lee C. Bollinger and Geoffrey R. Stone have gathered an eminent cast of contributors--including Hillary Clinton, Amy Klobuchar, Sheldon Whitehouse, Mark Warner, Newt Minow, Tim Wu, Cass Sunstein, Jack Balkin, Emily Bazelon, and others--to explore the various dimensions of this problem in the American context. They stress how difficult it is to develop remedies given that some of these forms of "bad" speech are ordinarily protected by the First Amendment. Bollinger and Stone argue that it is important to remember that the last time we encountered major new communications technology-television and radio-we established a federal agency to provide oversight and to issue regulations to protect and promote "the public interest." Featuring a variety of perspectives from some of America's leading experts on this hotly contested issue, this volume offers new insights for the future of free speech in the social media era. Lee C. Bollinger became Columbia University's 19th president in 2002 and is the longest-serving Ivy League president. He is also Columbia's first Seth Low Professor of the University, and a member of the Law School faculty. Geoffrey R. Stone is the Edward H. Levi Distinguished Service Professor at the University of Chicago. Caleb Zakarin is the Assistant Editor of the New Books Network (Twitter: @caleb_zakarin). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/american-studies
One of the most fiercely debated issues of this era is what to do about "bad" speech, hate speech, disinformation, propaganda campaigns, incitement of violence on the internet, and, in particular, speech on social media platforms such as Facebook and Twitter. In Social Media, Freedom of Speech, and the Future of our Democracy (Oxford University Press, 2022), Lee C. Bollinger and Geoffrey R. Stone have gathered an eminent cast of contributors--including Hillary Clinton, Amy Klobuchar, Sheldon Whitehouse, Mark Warner, Newt Minow, Tim Wu, Cass Sunstein, Jack Balkin, Emily Bazelon, and others--to explore the various dimensions of this problem in the American context. They stress how difficult it is to develop remedies given that some of these forms of "bad" speech are ordinarily protected by the First Amendment. Bollinger and Stone argue that it is important to remember that the last time we encountered major new communications technology-television and radio-we established a federal agency to provide oversight and to issue regulations to protect and promote "the public interest." Featuring a variety of perspectives from some of America's leading experts on this hotly contested issue, this volume offers new insights for the future of free speech in the social media era. Lee C. Bollinger became Columbia University's 19th president in 2002 and is the longest-serving Ivy League president. He is also Columbia's first Seth Low Professor of the University, and a member of the Law School faculty. Geoffrey R. Stone is the Edward H. Levi Distinguished Service Professor at the University of Chicago. Caleb Zakarin is the Assistant Editor of the New Books Network (Twitter: @caleb_zakarin). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/language
One of the most fiercely debated issues of this era is what to do about "bad" speech, hate speech, disinformation, propaganda campaigns, incitement of violence on the internet, and, in particular, speech on social media platforms such as Facebook and Twitter. In Social Media, Freedom of Speech, and the Future of our Democracy (Oxford University Press, 2022), Lee C. Bollinger and Geoffrey R. Stone have gathered an eminent cast of contributors--including Hillary Clinton, Amy Klobuchar, Sheldon Whitehouse, Mark Warner, Newt Minow, Tim Wu, Cass Sunstein, Jack Balkin, Emily Bazelon, and others--to explore the various dimensions of this problem in the American context. They stress how difficult it is to develop remedies given that some of these forms of "bad" speech are ordinarily protected by the First Amendment. Bollinger and Stone argue that it is important to remember that the last time we encountered major new communications technology-television and radio-we established a federal agency to provide oversight and to issue regulations to protect and promote "the public interest." Featuring a variety of perspectives from some of America's leading experts on this hotly contested issue, this volume offers new insights for the future of free speech in the social media era. Lee C. Bollinger became Columbia University's 19th president in 2002 and is the longest-serving Ivy League president. He is also Columbia's first Seth Low Professor of the University, and a member of the Law School faculty. Geoffrey R. Stone is the Edward H. Levi Distinguished Service Professor at the University of Chicago. Caleb Zakarin is the Assistant Editor of the New Books Network (Twitter: @caleb_zakarin). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/public-policy
One of the most fiercely debated issues of this era is what to do about "bad" speech, hate speech, disinformation, propaganda campaigns, incitement of violence on the internet, and, in particular, speech on social media platforms such as Facebook and Twitter. In Social Media, Freedom of Speech, and the Future of our Democracy (Oxford University Press, 2022), Lee C. Bollinger and Geoffrey R. Stone have gathered an eminent cast of contributors--including Hillary Clinton, Amy Klobuchar, Sheldon Whitehouse, Mark Warner, Newt Minow, Tim Wu, Cass Sunstein, Jack Balkin, Emily Bazelon, and others--to explore the various dimensions of this problem in the American context. They stress how difficult it is to develop remedies given that some of these forms of "bad" speech are ordinarily protected by the First Amendment. Bollinger and Stone argue that it is important to remember that the last time we encountered major new communications technology-television and radio-we established a federal agency to provide oversight and to issue regulations to protect and promote "the public interest." Featuring a variety of perspectives from some of America's leading experts on this hotly contested issue, this volume offers new insights for the future of free speech in the social media era. Lee C. Bollinger became Columbia University's 19th president in 2002 and is the longest-serving Ivy League president. He is also Columbia's first Seth Low Professor of the University, and a member of the Law School faculty. Geoffrey R. Stone is the Edward H. Levi Distinguished Service Professor at the University of Chicago. Caleb Zakarin is the Assistant Editor of the New Books Network (Twitter: @caleb_zakarin). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/politics-and-polemics
One of the most fiercely debated issues of this era is what to do about "bad" speech, hate speech, disinformation, propaganda campaigns, incitement of violence on the internet, and, in particular, speech on social media platforms such as Facebook and Twitter. In Social Media, Freedom of Speech, and the Future of our Democracy (Oxford University Press, 2022), Lee C. Bollinger and Geoffrey R. Stone have gathered an eminent cast of contributors--including Hillary Clinton, Amy Klobuchar, Sheldon Whitehouse, Mark Warner, Newt Minow, Tim Wu, Cass Sunstein, Jack Balkin, Emily Bazelon, and others--to explore the various dimensions of this problem in the American context. They stress how difficult it is to develop remedies given that some of these forms of "bad" speech are ordinarily protected by the First Amendment. Bollinger and Stone argue that it is important to remember that the last time we encountered major new communications technology-television and radio-we established a federal agency to provide oversight and to issue regulations to protect and promote "the public interest." Featuring a variety of perspectives from some of America's leading experts on this hotly contested issue, this volume offers new insights for the future of free speech in the social media era. Lee C. Bollinger became Columbia University's 19th president in 2002 and is the longest-serving Ivy League president. He is also Columbia's first Seth Low Professor of the University, and a member of the Law School faculty. Geoffrey R. Stone is the Edward H. Levi Distinguished Service Professor at the University of Chicago. Caleb Zakarin is the Assistant Editor of the New Books Network (Twitter: @caleb_zakarin). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/communications
One of the most fiercely debated issues of this era is what to do about "bad" speech, hate speech, disinformation, propaganda campaigns, incitement of violence on the internet, and, in particular, speech on social media platforms such as Facebook and Twitter. In Social Media, Freedom of Speech, and the Future of our Democracy (Oxford University Press, 2022), Lee C. Bollinger and Geoffrey R. Stone have gathered an eminent cast of contributors--including Hillary Clinton, Amy Klobuchar, Sheldon Whitehouse, Mark Warner, Newt Minow, Tim Wu, Cass Sunstein, Jack Balkin, Emily Bazelon, and others--to explore the various dimensions of this problem in the American context. They stress how difficult it is to develop remedies given that some of these forms of "bad" speech are ordinarily protected by the First Amendment. Bollinger and Stone argue that it is important to remember that the last time we encountered major new communications technology-television and radio-we established a federal agency to provide oversight and to issue regulations to protect and promote "the public interest." Featuring a variety of perspectives from some of America's leading experts on this hotly contested issue, this volume offers new insights for the future of free speech in the social media era. Lee C. Bollinger became Columbia University's 19th president in 2002 and is the longest-serving Ivy League president. He is also Columbia's first Seth Low Professor of the University, and a member of the Law School faculty. Geoffrey R. Stone is the Edward H. Levi Distinguished Service Professor at the University of Chicago. Caleb Zakarin is the Assistant Editor of the New Books Network (Twitter: @caleb_zakarin). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/science-technology-and-society
One of the most fiercely debated issues of this era is what to do about "bad" speech, hate speech, disinformation, propaganda campaigns, incitement of violence on the internet, and, in particular, speech on social media platforms such as Facebook and Twitter. In Social Media, Freedom of Speech, and the Future of our Democracy (Oxford University Press, 2022), Lee C. Bollinger and Geoffrey R. Stone have gathered an eminent cast of contributors--including Hillary Clinton, Amy Klobuchar, Sheldon Whitehouse, Mark Warner, Newt Minow, Tim Wu, Cass Sunstein, Jack Balkin, Emily Bazelon, and others--to explore the various dimensions of this problem in the American context. They stress how difficult it is to develop remedies given that some of these forms of "bad" speech are ordinarily protected by the First Amendment. Bollinger and Stone argue that it is important to remember that the last time we encountered major new communications technology-television and radio-we established a federal agency to provide oversight and to issue regulations to protect and promote "the public interest." Featuring a variety of perspectives from some of America's leading experts on this hotly contested issue, this volume offers new insights for the future of free speech in the social media era. Lee C. Bollinger became Columbia University's 19th president in 2002 and is the longest-serving Ivy League president. He is also Columbia's first Seth Low Professor of the University, and a member of the Law School faculty. Geoffrey R. Stone is the Edward H. Levi Distinguished Service Professor at the University of Chicago. Caleb Zakarin is the Assistant Editor of the New Books Network (Twitter: @caleb_zakarin). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
One of the most fiercely debated issues of this era is what to do about "bad" speech, hate speech, disinformation, propaganda campaigns, incitement of violence on the internet, and, in particular, speech on social media platforms such as Facebook and Twitter. In Social Media, Freedom of Speech, and the Future of our Democracy (Oxford University Press, 2022), Lee C. Bollinger and Geoffrey R. Stone have gathered an eminent cast of contributors--including Hillary Clinton, Amy Klobuchar, Sheldon Whitehouse, Mark Warner, Newt Minow, Tim Wu, Cass Sunstein, Jack Balkin, Emily Bazelon, and others--to explore the various dimensions of this problem in the American context. They stress how difficult it is to develop remedies given that some of these forms of "bad" speech are ordinarily protected by the First Amendment. Bollinger and Stone argue that it is important to remember that the last time we encountered major new communications technology-television and radio-we established a federal agency to provide oversight and to issue regulations to protect and promote "the public interest." Featuring a variety of perspectives from some of America's leading experts on this hotly contested issue, this volume offers new insights for the future of free speech in the social media era. Lee C. Bollinger became Columbia University's 19th president in 2002 and is the longest-serving Ivy League president. He is also Columbia's first Seth Low Professor of the University, and a member of the Law School faculty. Geoffrey R. Stone is the Edward H. Levi Distinguished Service Professor at the University of Chicago. Caleb Zakarin is the Assistant Editor of the New Books Network (Twitter: @caleb_zakarin). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/technology
One of the most fiercely debated issues of this era is what to do about "bad" speech, hate speech, disinformation, propaganda campaigns, incitement of violence on the internet, and, in particular, speech on social media platforms such as Facebook and Twitter. In Social Media, Freedom of Speech, and the Future of our Democracy (Oxford University Press, 2022), Lee C. Bollinger and Geoffrey R. Stone have gathered an eminent cast of contributors--including Hillary Clinton, Amy Klobuchar, Sheldon Whitehouse, Mark Warner, Newt Minow, Tim Wu, Cass Sunstein, Jack Balkin, Emily Bazelon, and others--to explore the various dimensions of this problem in the American context. They stress how difficult it is to develop remedies given that some of these forms of "bad" speech are ordinarily protected by the First Amendment. Bollinger and Stone argue that it is important to remember that the last time we encountered major new communications technology-television and radio-we established a federal agency to provide oversight and to issue regulations to protect and promote "the public interest." Featuring a variety of perspectives from some of America's leading experts on this hotly contested issue, this volume offers new insights for the future of free speech in the social media era. Lee C. Bollinger became Columbia University's 19th president in 2002 and is the longest-serving Ivy League president. He is also Columbia's first Seth Low Professor of the University, and a member of the Law School faculty. Geoffrey R. Stone is the Edward H. Levi Distinguished Service Professor at the University of Chicago. Caleb Zakarin is the Assistant Editor of the New Books Network (Twitter: @caleb_zakarin). Learn more about your ad choices. Visit megaphone.fm/adchoices
Wherein Yale Law School Constitutional Law Professor Jack Balkin returns to discuss "behind the scenes" details on the Supreme Court Commission and this thoughts on the recent opinion in Whole Woman's Health. Our GDPR privacy policy was updated on August 8, 2022. Visit acast.com/privacy for more information.
Wherein we are joined by Jack Balkin to discuss the Facebook Files and the regulation of social media. Our GDPR privacy policy was updated on August 8, 2022. Visit acast.com/privacy for more information.
Professors Robert Post and Jack Balkin join President Salovey for a conversation about the spread of misinformation in the information age.
Wherein Kate and Ben talk to two academics--a law professor at Yale and a mathematician at the University of Wisconsin--about how the pandemic has changed the future of higher education. Our GDPR privacy policy was updated on August 8, 2022. Visit acast.com/privacy for more information.
In The Cycles of Constitutional Time, Jack Balkin takes an overarching look at the dynamics of constitutional government over the history of the United States. To understand what is happening today, he argues, “we have to think in terms of political cycles that interact with each other and create remarkable — and dark — times.” Single-term presidents, Balkin notes, often coincide with the ends of these cycles, moments where an existing approach to political life has run its course. Since Reagan's ascendency in 1980, Balkin contends, the dominating approach has been characterized by a lack of trust in politicians and big government. But, he suggests, the single-term presidency of Donald Trump could be another iteration in the pattern, and we may be moving towards a more progressive era. Balkin is the founder and director of Yale's Information Society Project, an interdisciplinary center that studies law and new information technologies. He recently spoke with Governing Editor-at-Large Clay Jenkinson.
Facebook, Twitter, Google, YouTube -- the digital behemoths have more unchecked power and technological capability to silence speech than any government. But because they are all private firms, they have the right to censor or stifle whoever they wish, from former President Donald Trump to ordinary citizens. Free expression is supposed to be a cherished value in liberal societies, yet it seems more people on both sides of the political aisle are calling for more online censorship. The ACLU's Vera Eidelman and Yale's Jack Balkin join the podcast to untangle the complexities of free expression in a social media world.
What is the responsibility of social media outlets like Facebook, YouTube, Google, and Twitter in a healthy society? In a time where anyone - including radicals and even politicians - can use 'shock jock' outrageous methods to influence and mobilize huge audiences, to promote violence, and ruin people's lives, how can we get a handle on it? Renown Yale Law Professor and author, Jack Balkin, returns for a discussion with hosts Bill Curtis and member of the Supreme Court Bar, Jane Albrecht, about the Constitution, social media responsibility, advertising dollars, and how Facebook is damaging our world: politically and socially. ---------------------- Learn More: Politics: Meet Me in the Middle Follow Us on Twitter: @politicsMMITM Hosted by: Bill Curtis and Jane Albrecht Edited and Sound Engineering by: Joey Salvia Theme Music by: Celleste and Eric Dick A CurtCo Media Production See omnystudio.com/listener for privacy information.
"American democracy has weathered these cycles before, and we'll get through them again." - Jack Balkin Politics: Meet Me in the Middle is back for 2021: a new administration, another impeachment, and the same old politics. Legal scholar, Yale Law Professor, and author, Jack Balkin, joins Bill Curtis, Jane Albrecht and Professor Ed Larson for a discussion about the constitution, political polarization, impeachment, and The Cycles of Constitutional Time, to explain, and help us weather, this waxing and waning of political polarization. 3:26 Why Jack wrote The Cycles of Constitutional Time 4:19 Jack explains how we got here, politically. 4:53: The shifts between political parties over time. 6:18: What causes a party to die-off 6:52: Republicans are in the middle of a civil war 7:27: Political Polarization’s history 9:09: What is constitutional rot? 10:02: The Rough Framework or Outline of the Constitution 11:50: Checks and Balances 14:30: Political reform and renewal of party 16:04: What is constitutional time and outlining the cycles? 18:16: How are party coalitions the victim of their own success? 19:00- The Great depression 19:20- The impact of the media “Yesterday and Today” 20:30: 1930’s newspaper & radio polarization 22:20: The Gilded Age 23:30: A second progressive era and the insurrection 24:23: The issues of impeachment 25:40: 14th amendment Section 3 27:13: Republicans will not behave 29:45: Believing the election was stolen is political rot 31:00: What did the mob want with the Capitol? 32:00: Lunatic Fringe (radical and lunatics) ---------------------- Learn More: Politics: Meet Me in the Middle Follow Us on Twitter: @politicsMMITM Hosted by: Bill Curtis, Ed Larson and Jane Albrecht Produced by: AJ Moseley Edited and Sound Engineering by: Joey Salvia Theme Music by: Celleste and Eric Dick A CurtCo Media Production See omnystudio.com/listener for privacy information.
On the Gist, importing walkie-talkies into Myanmar. In the Interview, we’re coming into a new constitutional cycle, and it means Democrats could take quite a bit of power. Well, if they don’t blow it. We’ve been in the same Republican-dominated cycle for decades, according to Jack Balkin, author of The Constitutional Cycles of Time. Balkin and Mike talk about the extreme political polarization not seen since the Civil War, constitutional rot, and, just for fun, delve into conservative complaints about de-platforming and free speech. Balkin is a Knight Professor of Constitutional Law and the First Amendment and Director for The Information Society Project at Yale Law School. In the spiel, delving into the Trump files ahead of the Impeachment trial. Email us at thegist@slate.com Podcast production by Margaret Kelley and Cheyna Roth. Slate Plus members get bonus segments and ad-free podcast feeds. Sign up now. Learn more about your ad choices. Visit megaphone.fm/adchoices
On the Gist, importing walkie-talkies into Myanmar. In the Interview, we’re coming into a new constitutional cycle, and it means Democrats could take quite a bit of power. Well, if they don’t blow it. We’ve been in the same Republican-dominated cycle for decades, according to Jack Balkin, author of The Constitutional Cycles of Time. Balkin and Mike talk about the extreme political polarization not seen since the Civil War, constitutional rot, and, just for fun, delve into conservative complaints about de-platforming and free speech. Balkin is a Knight Professor of Constitutional Law and the First Amendment and Director for The Information Society Project at Yale Law School. In the spiel, delving into the Trump files ahead of the Impeachment trial. Email us at thegist@slate.com Podcast production by Margaret Kelley and Cheyna Roth. Slate Plus members get bonus segments and ad-free podcast feeds. Sign up now. Learn more about your ad choices. Visit megaphone.fm/adchoices
Presidents have a unique way of shaping polity, though government strength is also tested in other ways. Party polarization, money in politics, economic inequality, and other forces have all hindered the ability to govern. American legal scholar Jack Balkin joins Julian Zelizer and Sam Wang in this week's episode to help walk through these “constitutional cycles.” He explains how the rise and fall of parties, polarization and de-polarization, as well as episodes of "republic decay" and renewal have all shaped American polity over time. These are all subjects in his latest book: “The Cycles of Constitutional Time.” Balkin is Knight Professor of Constitutional Law and the First Amendment at Yale Law School. He is the founder and director of Yale’s Information Society Project, an interdisciplinary center that studies law and new information technologies. He also directs the Abrams Institute for Freedom of Expression and the Knight Law and Media Program at Yale. *This episode was recorded in September 2020.
Constitutional law scholar, Yale professor Jack Balkin joins Georgia State Law professor Eric Segall for a conversation about originalism, judicial review and whether Supreme Court justices should have lifetime appointments.
https://news.gsu.edu/podcast/episode-1-constitutionalism-originalism-and-the-supreme-court/ () Episode Description: Constitutional law scholar, Yale professor Jack Balkin joins Georgia State Law professor Eric Segall for a conversation about originalism, judicial review and whether Supreme Court justices should have lifetime appointments.
Podcast Description "Everyone wanted diversity for the board, but it was really unclear as to how on Earth you have diversity over an entire globe with only 40 people on the entire board." Kate Klonick is an Assistant Professor at Law at St. John's University Law School and an Affiliate Fellow at the Information Society Project at Yale Law School. Her current research focuses on the development of Facebook's new Oversight Board -- an independent body that will hear user appeals from Facebook users and advise the platform about its online speech policies. Thanks to individual grants from the Knight Foundation, Charles Koch Institute, and MacArthur Foundation, she has amassed over 100+ hours of interviews and embedded research with the Governance Team at Facebook that is creating the Board. The results of this research will be published in a law review article in the Yale Law Journal in 2020, but available in draft form online in late 2019. Kate holds a JD from Georgetown University Law Center, where she was a Senior Editor at The Georgetown Law Journal and the Founding Editor of the The Georgetown Law Journal Online; and a PhD from Yale Law School where she studied under Jack Balkin, Tom Tyler, and Josh Knobe. Between law school and her time at Yale, she clerked for the Hon. Richard C. Wesley of the Second Circuit and the Hon. Eric N. Vitaliano of the Eastern District of New York. She has a background in cognitive psychology which she apply to the study of emerging issues in law and technology. Specifically, this has included research and work on the Internet's effect on freedom of expression and private platform governance. Kate also writes and works on issues related to online shaming, artificial intelligence, robotics, content moderation, algorithms, privacy, and intellectual property. Her work on these topics has appeared in the Harvard Law Review, the Southern California Law Review, Maryland Law Review, New Yorker, New York Times, The Atlantic, Slate, Lawfare, Vox, The Guardian and numerous other publications. Additional Resources Relevant Twitter Thread Establishing Structure and Governance for an Independent Oversight Board Inside the Team at Facebook That Dealt with the Christchurch Shooting Twitter Kate Klonick Become a #causeascene Podcast sponsor because disruption and innovation are products of individuals who take bold steps in order to shift the collective and challenge the status quo. Learn more > All music for the #causeascene podcast is composed and produced by Chaos, Chao Pack, and Listen on SoundCloud. Listen to more great #causeascene podcasts full podcast list >
The reaction against the ever-growing amount of information collected by tech giants has led to proposals ranging from self-regulation to strict GDPR-style privacy, and even the potential break-up of larger companies. But could treating tech companies as information fiduciaries — creating a legal obligation to be trustworthy in their use of our data — help solve this privacy problem? Ash is joined by Jack Balkin, Knight professor of constitutional law and the First Amendment at Yale Law School and founder Yale’s Information Society Project, and Mike Godwin, senior fellow of technology and innovation at the R Street Institute. For more, see Balkin’s work on the subject (law review article, website, Balkinization blog), and Godwin’s book, The Splinters of our Discontent.
Yale law professor Jack Balkin gives an overview of the impacts that social media technologies have had on democratic institutions. He explores some possible legal and societal responses to the challenges posed by social media, such as disinformation and widespread data collection. This speech was the keynote address at UVA Law’s conference: “Digital Democracy: The Threat and Promise of Technology for Democratic Institutions." (University of Virginia School of Law, Jan. 25, 2018)
ABOUT THIS EPISODE Talk of implicit bias has moved far beyond its origin in psychology. It's spread to law journals, it informs training in many workplaces (including one famous coffeeshop chain (https://news.starbucks.com/press-releases/starbucks-to-close-stores-nationwide-for-racial-bias-education-may-29)), and it's entered popular discourse. Does that ubiquity carry risks? What balls are we potentially taking our eyes off of when we focus on implicit bias? These are the kinds of issues addressed in my conversation with Jonathan Kahn, the James E. Kelley Chair in Tort Law at the Mitchell Hamline School of Law, and author of the book Race on the Brain. LINKS --Jonathan Kahn's Mitchell Hamline webpage (https://mitchellhamline.edu/biographies/person/dr-jonathan-kahn/) --Race on the Brain: What Implicit Bias Gets Wrong About the Struggle for Racial Justice, by Jonathan Kahn (https://www.amazon.com/Race-Brain-Implicit-Struggle-Justice/dp/0231184247) --Project Implicit (https://implicit.harvard.edu/implicit/) --"How the GI Bill left out African Americans," by David Callahan (Demos) (https://www.demos.org/blog/11/11/13/how-gi-bill-left-out-african-americans) --Racism Without Racists, by Eduardo Bonilla-Silva (https://www.amazon.com/Racism-without-Racists-Color-Blind-Persistence/dp/1442276231/ref=pd_lpo_sbs_14_t_0?_encoding=UTF8&psc=1&refRID=FVYNRHR64CMPPEK2PX0X) --"The American civil rights tradition: Anticlassification or antisubordination?" by Jack Balkin and Reva Siegel (https://law.yale.edu/system/files/documents/pdf/Faculty/Siegel_TheAmericanCivilRightsTraditionAnticlassificationOrAntisubordination.pdf) --"Chief Justice out to end affirmative action," by Jeffrey Toobin (CNN) (https://www.cnn.com/2013/02/28/opinion/toobin-roberts-voting-rights-act/index.html) --"Sotomayor accuses colleagues of trying to 'wish away' racial inequality," by Robert Barnes (Washington Post) (https://www.washingtonpost.com/politics/sotomayor-accuses-colleagues-of-trying-to-wish-away-racial-inequality/2014/04/22/e5892f90-ca49-11e3-93eb-6c0037dde2ad_story.html?utm_term=.703dbfd627fa) Special Guest: Jonathan Kahn.
This episode discusses the Facebook and Cambridge Analytica election fiasco, and what we can do about it. How should Big Tech companies be regulated? In a world of big data, how can we protect people's sensitive information? Professor Jack Balkin, founder and director of Yale's Information Society Project, joins us to answer these questions and discuss his proposal to regulate companies as "Information Fiduciaries". Also joining us is Kamel Ajii, a PhD student at Paris 2 University (France) and the founder of 21 Mirrors, a digital technology ratings agency.
2018 Hugh and Hazel Darling Foundation: Originalism Works-in-Progress Conference
2018 Hugh and Hazel Darling Foundation: Originalism Works-in-Progress Conference
2018 Hugh and Hazel Darling Foundation: Originalism Works-in-Progress Conference
2014 Hugh and Hazel Darling Foundation: Originalism Works-in-Progress Conference
2012 Hugh and Hazel Darling Foundation: Originalism Works-in-Progress Conference
2010 Hugh and Hazel Darling Foundation: Originalism Works-in-Progress Conference
2010 Hugh and Hazel Darling Foundation: Originalism Works-in-Progress Conference
Is originalism required by our law? We chat with Charles Barzun about his critique of the inclusive originalists, the new movement to claim that an originalist interpretive method is not only a good choice among possible methods but is the method which is mandated by a positivist approach to our law. This show’s links: Charles Barzun’s faculty profile and writing Charles Barzun, The Positive U-Turn William Baude and Stephen Sachs, The Law of Interpretation William Baude, Is Originalism Our Law? Oral Argument 98: T3 Jedi (guests Jeremy Kessler and David Pozen) Scott Shapiro, Legality (Amazon and Google Books) Brown v. Board of Education; Jack Balkin and Bruce Ackerman (eds.), What Brown v. Board of Education Should Have Said Charles Barzun, Inside/Out: Beyond the Internal/External Distinction in Legal Scholarship Oral Argument 77: Jackasses Are People Too (guest Adam Kolber) Special Guest: Charles Barzun.
We talk about the war between ad networks, data brokers, publishers, and consumers in front of a live studio audience. At the invitation of Paul Arne and the Tech Law section of the Georgia State Bar, we recorded this episode at the annual Tech Law Institute. But, of course, Big Data didn’t need this description to know that. This show’s links: The Thrill of Victory and the Agony of Defeat The Bush-Kerry (not Bush-Gore as Christian had remembered) debate moment that seemed similar to Joe’s “Want some ranch?” utterance The Technology Law Section of the State Bar of Georgia We’ll do it live! (video, nsfw on account of language, anger, and Bill O’Reilly) The Oyez podcast feed for 2015 Supreme Court oral argument and the collection of Oyez feeds in iTunes The Narrowest Grounds blog, Why it Doesn't Matter if the Court's Opinions Are Originalist - A Comment on Baude on Originalism An interview with Justice Breyer in French Katie Benner and Sydney Ember, Enabling of Ad Blocking in Apple’s iOS 9 Prompts Backlash Some now older pieces by Alexis Madrigal still hold up: Reading the Privacy Policies You Encounter in a Year Would Take 76 Work Days and I'm Being Followed: How Google—and 104 Other Companies—Are Tracking Me on the Web FTC, Protecting Consumer Privacy in an Era of Rapid Change: Recommendations For Businesses and Policymakers Douglas MacMilland and Elizabeth Dworkin, Drawbridge Hires Apple Ad Executive to Track Users Across Devices Matthew Panzarino, Apple’s Tim Cook Delivers Blistering Speech On Encryption, Privacy Matthew Panzarino, Apple Blows Up the Concept of a Privacy Policy Ben Thompson, Why Web Pages Suck Ben Thompson, Popping the Publishing Bubble Marco Arment: Introducing Peace, My Privacy-Focused iOS 9 Ad Blocker, Why Peace 1.0 Blocks The Deck Ads, Just Doesn’t Feel Good, Apple Refunding All Purchases of Peace Jack Balkin, Information Fiduciaries in the Digital Age (blog post) and Information Fiduciaries and the First Amendment (article) The proposed and not passed Do-Not-Track Online Act of 2013 Sorrell v. IMS Health Inc. Christan Turner, The Failures of Freedom and The Information Law Crisis Jane Bambauer, Is Data Speech? Woodrow Hartzog, Website Design as Contract KidCo
Big week. Let’s just call this one our second annual Supreme Court round-up, where, naturally, we focus on only two cases: gay marriage and Obamacare II. It’s made awesome by our special guest, Steve Vladeck. This show’s links: Steve Vladeck’s faculty profile and writing Oral Argument 22: Nine Brains in a Vat (guest Dahlia Lithwick) Obergefell v. Hodges Oral Argument 40: The Split Has Occurred (about Judge Sutton’s gay marriage opinion) and Oral Argument 32: Go Figure (guest Lori Ringhand) (about Judge Posner’s gay marriage opinion), both episodes containing ample links concerning the issue San Antonio Independent School District v. Rodriguez Oral Argument 30: A Filled Milk Caste, containing discussion and links concerning United States v. Carolene Products Co. Brown v. Board of Education; see also What Brown v. Board of Education Should Have Said (Jack Balkin, ed.) Town of Greece v. Galloway; Kimble v. Marvel Entertainment Reed v. Reed Boumediene v. Bush Lochner v. New York; Dred Scott v. Sanford King v. Burwell City of Arlington v. FCC, Roberts’ dissenting regarding the application of Chevron v. NRDC Amalgamated Transit Union Local 1309 v. Laidlaw Transit Services, one of the cases about “not less than seven days” Adam Zimmerman, Chevron after King v. Burwell (the comments to which feature thoughts from listener Asher) Shelby County v. Holder Steward Machine Co. v. Davis Special Guest: Steve Vladeck.
Is Chief Justice John Roberts crazy? Why can’t we take corporations to court? The answers to these dilemmas come from constitutional scholar Jack Balkin and antitrust expert Lina Khan. And Bill Press talks with Congresswoman Barbara Lee. As the nation marks Constitution Day this week, legal scholar Jack Balkin of Yale University says conservative judges keep making up things that aren’t IN the Constitution and imagine a country that never existed. Antitrust expert Lina Khan tells us how the courts have taken away Americans’ right to sue corporations. And Bill Press interviews anti-war Congresswoman Barbara Lee Jack Balkin Law professor Jack Balkin, on the anniversary of the Constitution’s ratification, says the opinion of Supreme Court Justice John Roberts allowing unlimited political donations is “just crazy” http://www.yale.edu/lawweb/jbalkin/ Lina Khan Antitrust expert Lina Khan says the right to sue should be a fundamental conservative idea … but with help from Democrats, conservatives have virtually guaranteed that consumers can’t even go to court when corporations steamroll them. http://newamerica.net/people/lina_khan Barbara Lee Bill Press and his guest, California Congresswoman Barbara Lee. Jim Hightower What job creation numbers don’t tell us.
We’re back with knees and gay marriage. And constitutional scholar Lori Ringhand. In the battle between recliners and knee defenders, Joe tells us the real enemy is the airline who has sold the same space twice. Somehow nose-punching, rapid window shade flipping, and the high arctic figure into the discussion. Turning to Judge Posner’s smackdown of midwestern marriage bans, we start with style: is there such a thing as too much smack? Then we turn to the really interesting bit, Posner’s reimagining of judicial scrutiny of discrimination. Also: speed traps. This show’s links: Lori Ringhand’s faculty profile, books, and articles Episode 31: Knee Defender, in which we first spoke of the airplane seat reclining controversy Neil Buchanan, Airplane Seatbacks, the Coase Theorem, and Simplistic Solutions to Difficult Questions Josh Barro, Don’t Want Me to Recline My Airline Seat? You Can Pay Me Katia Hetter, Seat Recline Fight Diverts Another Flight Baskin v. Bogan, Judge Posner’s opinion for the Seventh Circuit striking down marriage bans in Indiana and Wisconsin Robicheaux v. Caldwell, Judge Feldman’s opinion upholding Louisiana’s marriage ban Mark Joseph Stern, Judge Posner’s Gay Marriage Opinion Is a Witty, Deeply Moral Masterpiece Christian Turner, 404: Argument Not Found Brown v. Board of Education What Brown v. Board of Education Should Have Said, Jack Balkin ed. Episode 30: A Filled Milk Caste, in which we discuss United States v. Carolene Products Windsor v. United States (the Second Circuit opinion that led to the Supreme Court case) and SmithKline Beecham Corp. v. Abbott Laboratories (a Ninth Circuit case), each deciding to apply heightened scrutiny to discrimination on the basis of sexual orientation Romer v. Evans, nominally using the deferential rational basis standard to strike down a state’s constitutional prohibition on any governmental efforts to protect gays from discrimination Special Guest: Lori Ringhand.
Law professor Jack Balkin says we have to reclaim the Constitution, historian Harvey Kaye says we have to reclaim the Four Freedoms ,and Madison Paige explains “micropolitics.” It’s been 80-some years, but the New Deal is still on our radar screens. Conservatives want to repeal it and progressives need to remind people about what FDR really wanted out of it. Law professor Jack Balkin explains how progressives can also use the Constitution’s original language to fight conservative attempts to roll back the New Deal. Historian Harvey Kaye reminds us of FDR’s Four Freedoms speech and the legacy that remains unfulfilled. And micropolitics activist Madison Paige focuses on the need for more people to run for office at the very local level. Jack Balkin We all get a little exasperated when conservatives talk forever about the “original” meaning of the Constitution. But law professor Jack Balkin says progressives have just as much right to the original wording – for example, free speech, equal protection of the law and voting rights. http://www.yale.edu/lawweb/jbalkin/ Harvey Kaye New Deal historian Harvey Kaye says President Reagan turned FDR upside down and inside out and progressives have to reclaim his legacy. http://www.uwgb.edu/history/faculty/kaye/ Madison Paige Did you know that half of all state legislature candidates have no opponent? Micropolitics activist Madison Paige does and she wants people to start challenging them. www.boldbluemedia.com Jim Hightower The lesson from Ferguson, Missouri.
We talk about the Supreme Court with writer and reporter, Dahlia Lithwick. How should one report on the Court, at a time when analysis of opinions is expected within hours or even minutes? What is the role of the Court press: middle men, translators, or something else? And come to think of it, what’s the role of the Supreme Court? Oracles, politicians, teachers? Should judges give speeches like politicians do? Politics, policy, religion, guns. And, of course, speed traps. This show’s links: Dahlia Lithwick’s latest articles on Slate Adam Smith, The Theory of Moral Sentiments (pdf) and wikipedia summary Slate Plus Derek Muller, The Five Law-Related Podcasts You Should Listen To Jack Shafer, Serving up the Supreme Court Dough Before It’s Baked Tom Goldstein, We’re Getting Wildly Different Assessments (a deep look into what went wrong with the reporting on the Obamacare decision) RonNell Andersen Jones, U.S. Supreme Court Justices and Press Access Jesse Wegman, (Supreme) Court TV and the Magically Disappearing Protest Kenneth Vogel, Defiant Clarence Thomas Fires Back Vikram Amar, Why Did Justice Scalia Decline to Participate in the "One Nation Under God" Case? Jack Balkin, ”High” Politics and Judicial Decisionmaking Justice Scalia’s memo on a recusal motion in Cheney v. United States District Court for the District of Columbia Oral Argument Episode 6: Productive Thoughtlessness, in which we previously discussed Dahlia Lithwick Pew Research Center, Political Polarization in the American Public Eduardo Peñalver, Property as Entrance Town of Greece v. Galloway Dahlia Lithwick, You Don’t See What I See Oral Argument Episode 8: Party All Over the World, for some of our discussion on speed traps Waze app Artist Aaron Fein Statler and Waldorf: Special Guest: Dahlia Lithwick.
2014 Hugh and Hazel Darling Foundation: Originalism Works-in-Progress Conference
1st Paper - Jack Balkin - Commentary
Law School Hosts "Living Originalism” with Jack Balkin Balkin is Knight Professor of Constitutional Law and the First Amendment at Yale Law School. Wednesday, Jan. 18, 4 p.m.
2012 Hugh and Hazel Darling Foundation: Originalism Works-in-Progress Conference
2010 Hugh and Hazel Darling Foundation: Originalism Works-in-Progress Conference
2010 Hugh and Hazel Darling Foundation: Originalism Works-in-Progress Conference