| Balkinization   |
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Balkinization
Jack Balkin: jackbalkin at yahoo.com Bruce Ackerman bruce.ackerman at yale.edu Ian Ayres ian.ayres at yale.edu Corey Brettschneider corey_brettschneider at brown.edu Mary Dudziak mary.l.dudziak at emory.edu Joey Fishkin joey.fishkin at gmail.com Heather Gerken heather.gerken at yale.edu Abbe Gluck abbe.gluck at yale.edu Mark Graber mgraber at law.umaryland.edu Stephen Griffin sgriffin at tulane.edu Jonathan Hafetz jonathan.hafetz at shu.edu Jeremy Kessler jkessler at law.columbia.edu Andrew Koppelman akoppelman at law.northwestern.edu Marty Lederman msl46 at law.georgetown.edu Sanford Levinson slevinson at law.utexas.edu David Luban david.luban at gmail.com Gerard Magliocca gmaglioc at iupui.edu Jason Mazzone mazzonej at illinois.edu Linda McClain lmcclain at bu.edu John Mikhail mikhail at law.georgetown.edu Frank Pasquale pasquale.frank at gmail.com Nate Persily npersily at gmail.com Michael Stokes Paulsen michaelstokespaulsen at gmail.com Deborah Pearlstein dpearlst at yu.edu Rick Pildes rick.pildes at nyu.edu David Pozen dpozen at law.columbia.edu Richard Primus raprimus at umich.edu K. Sabeel Rahmansabeel.rahman at brooklaw.edu Alice Ristroph alice.ristroph at shu.edu Neil Siegel siegel at law.duke.edu David Super david.super at law.georgetown.edu Brian Tamanaha btamanaha at wulaw.wustl.edu Nelson Tebbe nelson.tebbe at brooklaw.edu Mark Tushnet mtushnet at law.harvard.edu Adam Winkler winkler at ucla.edu Compendium of posts on Hobby Lobby and related cases The Anti-Torture Memos: Balkinization Posts on Torture, Interrogation, Detention, War Powers, and OLC The Anti-Torture Memos (arranged by topic) Recent Posts Computers, Freedom and Privacy 2008-- Planning Technology Policy for the Next Administration Being rewarded for bad behavior Power Sharing Agreement Reached in Kenya Balkinization blocked by People's Republic of China, United States Air Force Internal DOJ Investigation of OLC Advice-Giving Three Strikes Against Originalism Ralph Nader and the ironies of history President Bush "Degrade[s]" Our Intlligence Capability -- All in the Name of Immunizing Telecoms for Past Unlawful Conduct An Interesting Historical Question: The Original Source of Holmes' Dissent in Lochner? Plus ça change . . . The Constitution and Race The Commander in Chief at the Lowest Ebb -- A Constitutional History Politics on the Supreme Court--Understood A Century Ago Crisis in Constitutional Law? The Legal Blogosphere and The Diffusion of Legal Expertise Sock Puppets Explain Neoliberalism, Channel Deleuze Weathering a Storm in Southern China Culture Club McConnell on FISA: The fox requests immunity for its previous guarding of the chicken coop Lowering the Bar: Well, At Least We're Not as Barbaric as the Spanish Inquisition Not So Fast There, Ana This You Ought to Watch Race and American Constitutional Development Scalia on Torture Advice to the next President
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Friday, February 29, 2008
Computers, Freedom and Privacy 2008-- Planning Technology Policy for the Next Administration
JB
I'm happy to announce that the 18th annual Computers, Freedom and Privacy Conference will be held in New Haven from May 20-23, 2008. The theme this year is U.S. technology policy for the next administration. Here is the call for proposals: Being rewarded for bad behavior
Sandy Levinson
Unless Barack Obama wins both Texas and Ohio (and adds Pennsylvania a couple of weeks later for good measure), the race will go on, and the controversy about counting delegates from Florida and Michigan will become ever more heated. The Clinton position that the results of the primaries held there in January, in patent defiance of the Democratic National Committee, should be honored, is preposterous. The candidates had pledged to honor the ban by not campaigning there. Obama wasn't even on the ballot in one of those states and certainly didn't campaign. But if Clinton and Obama remain more-or-less tied after the next string of primaries, there will, I suspect, be great pressure to rehold the primaries in a context where both candidates can campaign. This appears fair on the surface, but there is a real paradox in adopting this solution. Thursday, February 28, 2008
Power Sharing Agreement Reached in Kenya
Mary L. Dudziak
Kofi Annan announced today that a power sharing agreement has been reached between Kenya leaders Mwai Kibaki, the incumbent who claimed victory after a disputed presidential election in December, and Raila Odinga, the opposition leader. According to news reports, Odinga will hold the post of Prime Minister, an innovation in Kenya, and Kibaki’s and Odinga’s parties will each hold 50% of cabinet positions. Labels: Africa Balkinization blocked by People's Republic of China, United States Air Force
JB
Can this really be true? Wednesday, February 27, 2008
Internal DOJ Investigation of OLC Advice-Giving
Marty Lederman
It was widely reported last week that the head of DOJ's Office of Professional Responsibility (OPR), Marshall Jarrett, had written to Senators Durbin and Whitehouse to inform them that OPR is investigating OLC's legal advice with respect to waterboarding and other coercive interrogation techniques. But it appears that, for whatever reason, none of the news sources bothered to upload or link to Jarrett's letter, nor to the letter from DOJ Inspector General Glenn Fine, explaining that the IG lacks statutory jurisdiction to engage in an inquiry of OLC. Monday, February 25, 2008
Three Strikes Against Originalism
Stephen Griffin
Nonoriginalism strikes back. That’s the message conveyed by three articles recently posted to SSRN: my own “Rebooting Originalism,” Mitchell Berman’s “Originalism is Bunk” and Thomas Colby and Peter Smith’s “Originalism’s Living Constitution.” All three articles are critiques of contemporary originalism and can be viewed as defenses of nonoriginalism (although this is a term I disclaim). Given this diversity of criticism, one can only hope for some cogent originalist response. But are there any points common to all three articles, any agreement on lines of critique? I think so. Sunday, February 24, 2008
Ralph Nader and the ironies of history
JB
Ralph Nader announced today on Meet the Press that he was running for a third time for the presidency. The reaction so far has been predictable. I think that Democrats have much less to fear this time. Nader's candidacy means something quite different in 2008 than it does in 2000. In 2000, Nader was one of several factors that put George W. Bush in the White House. And in fairness to him, he was only one factor. My guess is that there is very little chance that Nader will decide the outcome of the 2008 election; he will probably have very small numbers, as he did in 2004. Third parties who do not quickly displace one of the two major parties (as the Republicans displaced the Whigs in the 1850s) tend not to wear well on repeated attempts. Rather, if Nader has any significance in this election, it will be to push certain issues on the table, and force the candidates to address them. To do that, he would have to be a much more significant presence than he is likely to be. Nader is quite interested in pushing the corruption issue-- and the connections between corporate lobbying and Washington politics-- but public interest in that issue is by now overdetermined. In the 2000 election, Nader represented the left's displeasure as much with Clintonism as with Republican politics. Nader's assertion that there was no difference between the two candidates in 2000 was premised on the idea that Gore would prove to be as much of an accommodator of conservative Republicans as Clinton had been and that, like Clinton, Gore would accept the framing of political issues and political possibilities in a Republican dominated age. That is, Nader ran against the accomodationist model of Democratic electoral success that Clinton had perfected. It is worth noting that many Democrats now agree with Nader that this model is outmoded, and their preference for something more has created problems for Hillary Clinton's candidacy. Bill Clinton's model of Democratic electoral success, whatever its political advantages, had two unfortunate side effects. One was a strongly chastened sense of what politics could do-- at least with respect to the progressive agenda. The second is that with the President and Congress converging on a fair number of issues-- like balanced budgets and welfare reform-- Republicans turned to the politics of scandal as the best technique for undermining the Democratic electoral strategy, and Bill Clinton was only too happy to help them out. We will never know if Gore would have followed in Clinton's footsteps as a clever accommodator of Reaganism: he was certainly not as agile a politician as Clinton, and Vice-Presidents following successful two term presidents (Van Buren, George H.W. Bush) have not fared well. Perhaps most important, the 9/11 attacks reshaped the focus of American politics to foreign policy. Gore would probably have had a different presidency than Bush, and many of his policies would have been different. Without a chorus of neoconservatives in the White House, the chances of an Iraq war in response to 9/11 would have been small. However Gore would have faced a very conservative and partisan Republican-controlled Congress following a bitterly contested election, and that Congress would not have been in much of a mood for cooperation. Gore might have served only one term, and the Republicans might have retained control of Congress. With Bush in the White House instead, the President took the nation into an unnecessary war and a disastrous foreign policy blunder, the Republican coalition underwent enormous strains, and the Democrats retook both houses of Congress. If Nader is responsible for Bush's Presidency, then, he is responsible not only for the havoc Bush created but also the Democrats' enviable political position today. It is an irony of history, but history is often ironical in precisely this way. Nader in 2008 may now be largely irrelevant, but that is because in 2000 Nader did his small part in in setting in motion the events that led to the political downfall of the Republican Party and the dissolution of the Reagan coalition. And with the end of the Reagan coalition, the reactive Clintonian strategy of triangulation, co-opation of Republican themes and deliberate chastening of progressive aspirations may seem unnecessary; indeed, the end of the Reagan coalition may give way to a new form of politics far more hospitable to liberalism and progressive values. Democrats who blame Nader for putting Bush in the White House will probably give Nader little credit for that, but it probably pleases Nader a great deal. Saturday, February 23, 2008
President Bush "Degrade[s]" Our Intlligence Capability -- All in the Name of Immunizing Telecoms for Past Unlawful Conduct
Marty Lederman
In a letter written yesterday to the Chair of the House Intelligence Committee, Attorney General Mukasey and Director of Intelligence McConnell alarmingly reveal that the expiration of the Protect America Act one week ago has caused us to "lose intelligence information this past week," has led some "partners" (i.e., telecom companies) to "delay[] or refuse[] compliance with our requests to initiate new surveillances of terrorists and other foreign intelligence targets under existing directives," and "has led directly to a degraded intelligence capability." Friday, February 22, 2008
An Interesting Historical Question: The Original Source of Holmes' Dissent in Lochner?
Brian Tamanaha
Probably the most famous dissent in the history of the United States Supreme Court is Holmes’ dissent in Lochner (1905). “The 14th Amendment does not enact Mr. Herbert Spencer’s Social Statics,” he declaimed. Plus ça change . . .
Marty Lederman
Alas, there's nothing new under the sun. Here's Karen Greenberg on recognizing Steven Bradbury in the Torture Museum. And Paul Kramer, with a great story about the uncanny historical precedent of our waterboarding (and its justifications) in the Philippines at the turn of the . . . Twentieth . . . Century.
Wednesday, February 20, 2008
The Constitution and Race
Mark Graber
As I noted in a previous post, I have been having an exchange with Professor Michael Klarman over at the American Constitutional Society. My last post seems particularly relevant to some concerns of Balkinization, so as either a public servive or, more likely, pathetic self-promotion, I've reproduced an edited version. A similar phenomenon occurred during the Civil Rights Era. Southern politicians took increasingly reactionary positions on race in part because every southern officeholder, from the governor to members of Congress, faced a local electorate. Running for office in this political environment, former slave state candidates unsurprising concluded that all doubts should be resolved in favor of segregation. Had some southern candidates developed political ambitions required obtaining some northern votes, southern politics during the 1950s and 1960s might have been more moderate. When not polarizing the national legislature, the constitution provides boons to white supremacists and white citizens. The infamous three-fifths clause of the Constitution sharply increased southern representation before the Civil War. If southern representation in the Electoral College and House of Representatives had not been augmented by human bondage, John Adams would have defeated Thomas Jefferson in the 1800 election, the Kansas-Nebraska Act would not have become law, and other pro-slavery measures might have been defeated. While the 13th Amendment practically repealed the three-fifths clause, studies demonstrate that the constitutional system of representation continues to harm persons of color. Equal representation in the Senate substantially augments the voting strength of white citizens. Persons of color, Hispanics in particular, tend to live in such high population states as New York and California. States such as Wyoming and Idaho, whose population is disproportionately represented in the Senate, are among the least racially diverse jurisdictions in the United States. Frances Lee and Bruce Oppenheimer in Sizing Up the Senate detail how the overwhemingly white citizens of small rural states obtain dramatically disproportionate shares of the federal largess. State equality in the Senate helps explain how such racial conservatives as Clarence Thomas sit on the Supreme Court. If Senators had the same number of votes as the population of their states, the Thomas nomination would have been defeated. One salutary development in contemporary constitutional thought is a return to thinking about how the structure of constitutional institutions influences constitutional policy making. How the equal protection clause is interpreted depends in part on the opinion of nine Supreme Court justices, but also on the processes by which the Supreme Court and the national government is staffed. Keep public opinion constant, but change the constitutional rules for staffing the national government and the constitutional politics of race will change. Proportional representation in the Senate would sharply decrease disparities between federal funding for white citizens and citizens of color and increase the obstacles racial conservatives face after receiving presidential nominations to federal courts. Increase the number of officials who must campaign nationally, and racial politics are likely to moderate a good deal. Whether such moderation is satisfactory, of course, is an open question. Still, Americans should recognize that the meaning of Brown in years to come will be as much influenced by Article I and Article II as by the equal protection clause of the Fourteenth Amendment. Posted 4:00 PM by Mark Graber [link] (8) comments The Commander in Chief at the Lowest Ebb -- A Constitutional History
Marty Lederman
The second part of my article with David Barron on the President's authority to disregard congressional limitations on the conduct of war is now available online here. (First part is here.) The abstract: Politics on the Supreme Court--Understood A Century Ago
Brian Tamanaha
The legal culture today is marked by an easy acceptance of the notion that politics have a major influence on decisions by the Supreme Court. That was the point of several recent books on the Supreme Court (including my favorite, Toobin’s The Nine). It was the point of Judge Posner’s 2005 Harvard Law Review article on the Supreme Court--“A Political Court.” Political scientists have relentlessly pounded the “judging is politics” theme for four decades now (still presenting it as if we didn’t already know). And newspapers today routinely explain SCOTUS decisions in terms of political alignments of the justices. Tuesday, February 19, 2008
Crisis in Constitutional Law?
Stephen Griffin
Mark Kende, Professor of Law at Drake and current chair of the Section on Constitutional Law has an inspired idea for the program at the next AALS meeting. The program notice is below. Scholars perhaps overuse the concept of a "crisis" (although it is eye-catching), but there is little doubt there are some strange doctrinal developments in U.S. conlaw. Mostly because of Justice Kennedy, I find I have a harder time explaining to students what the "standard" approach to equal protection and substantive due process jurisprudence is supposed to be. But perhaps it is fairer to say the entire Court seems less interested in the sort of hyper-articulated "tiers of scrutiny" which I absorbed in law school as among the most important doctrinal developments of the 1970s. That entire era in conlaw now seems played out. Again, "doctrinal chaos" seems a bit strong, there are always important inconsistencies in conlaw jurisprudence. But more attention should have been paid to Laurence Tribe's announcement, in the wake of the Schiavo mess in 2005, that he could not produce a new edition of his famous conlaw treatise. The Legal Blogosphere and The Diffusion of Legal Expertise
JB
Paul Caron did a study of law blog traffic rankings for the last year. Brian Leiter, who lands in the top fifteen twice for his two blogs, notes: Monday, February 18, 2008
Sock Puppets Explain Neoliberalism, Channel Deleuze
JB
Sunday, February 17, 2008
Weathering a Storm in Southern China
Lauren Hilgers
For me, weathering the snowstorm in Shanghai for the past two weeks has meant blowing out my aged fuses three times with excessive use of a wall-mounted heater. For many in Southern China, however, the freak storms have taken a much higher toll. Small cities went more than a week without electricity and, with the available rail lines occupied with emergency shipments of coal, hundreds of thousands of hopeful migrant workers crowded railway stations trying to get home for the annual Spring Festival. Culture Club
JB
I notice that the NY Times has now caught on to the meme that the Obama candidacy has been accused of creating a cult of personality, a term redolent with overtones of Stalinism. (The "cult of personality" was the central theme of Nikita Krushchev's famous 1956 secret speech criticizing Stalinism.). If the term is to make any sense at all, it may be useful to separate out two different concerns. The first is the fear that charismatic leaders who inspire patriotic fervor and strongly emotional bonds of loyalty will produce authoritarian policies that people overlook because of their emotional connection to the leader and his claims to represent the national interest. That is the Stalinist implication of the term "cult of personality." And that is what people hint at when they use the term pejoratively. If so, then the real question to ask when the term is deployed is whether the speaker is claiming that politician's policies are or are likely to become authoritarian. Of course, people generally recoil from using the "A" word, but that's what's at stake. When I have used the term "cult of personality" in reference to George W. Bush, I have been invoking these concerns about his policies. Is *that* what people are worried about in the case of Barack Obama? If so, then they should say so directly. This is a distinct problem from Caesarism and creeping authoritarianism. The problem is that people are distracted from the way governance actually occurs because it is easier for them (and the press) to focus on personalities of leaders. To say that contemporary politicians form cults of personality means to say that they distract the public from the mechanisms of governance because that is how they gain the authority to rule. The problem is that if this authority does not translate into the ability to move the system forward, it is delusory and will, in time, breed cynicism and despair and successive waves of charistmatic politics each promising much but delivering little. Friday, February 15, 2008
McConnell on FISA: The fox requests immunity for its previous guarding of the chicken coop
JB
Mike McConnell's call for immunity for telecom companies in today's Washington Post would be far more persuasive if we didn't recall why the issue arises in the first place. The Bush Administration repeatedly violated FISA and told telecom companies that it was ok to do so based on a crazy constitutional theory that the President couldn't be bound by the law. Thursday, February 14, 2008
Lowering the Bar: Well, At Least We're Not as Barbaric as the Spanish Inquisition
Marty Lederman
Has it really come to this? Not So Fast There, Ana
Marty Lederman
I wrote last night that "if the President does as he has promised and follows Senator McCain's lead by vetoing this bill, the CIA will continue to assert the right to use all of these techniques -- and possibly waterboarding, as well." Ana Marie Cox, apparently acting in an odd role as shill for the McCain campaign, which pointed her to Steve Bradbury's written testimony, takes me to task: This You Ought to Watch
Marty Lederman
Congressman Nadler asks Steve Bradbury two critical questions: (i) How is it possible that the CIA's waterboarding (which Bradbury insists is not as bad as the traditional technique!) is not designed to result in severe physical and/or mental pain or suffering?; Race and American Constitutional Development
Mark Graber
For those interested in avoiding work and/or learning about the new scholarship on race and American Constitutional Development, Professor Michael Klarman of the University of Virginia Law School and I are blogging about his new book, Brown v. Board of Education, and the history of racial equality in the United States over on the website of the American Constitutional Society. Our conversation has ranged from the influence of the Supreme Court on race policy to the political construction of judicial review to the extent to which racial progress in the United States is a function of virtue or interest. Happy reading. Scalia on Torture
Brian Tamanaha
The IntLawGrrls blog has posted a rough transcript of Justice Scalia’s illuminating comments on "so-called" torture in a recent interview with BBC. Advice to the next President
Heather K. Gerken
The Brennan Center recently asked a group of people (including Hendrik Hertzberg, E.L. Doctorow, Senator Bill Bradley, and Dahlia Lithwick) the following question: "It is the morning after the election. The president-elect calls you up and says, 'You know, after this grueling, absurd campaign, I now see that the state of our democracy is something we have to grapple with right away. What should I do?'" The question prompted a number of interesting responses that are well worth reading. Below is mine, cross-posted at the Brennan Center’s website.
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Books by Balkinization Bloggers
Brian Z. Tamanaha, A Realistic Theory of Law (Cambridge University Press 2017)
Sanford Levinson, Nullification and Secession in Modern Constitutional Thought (University Press of Kansas 2016)
Sanford Levinson, An Argument Open to All: Reading The Federalist in the 21st Century (Yale University Press 2015)
Stephen M. Griffin, Broken Trust: Dysfunctional Government and Constitutional Reform (University Press of Kansas, 2015)
Frank Pasquale, The Black Box Society: The Secret Algorithms That Control Money and Information (Harvard University Press, 2015)
Bruce Ackerman, We the People, Volume 3: The Civil Rights Revolution (Harvard University Press, 2014) Balkinization Symposium on We the People, Volume 3: The Civil Rights Revolution
Joseph Fishkin, Bottlenecks: A New Theory of Equal Opportunity (Oxford University Press, 2014)
Mark A. Graber, A New Introduction to American Constitutionalism (Oxford University Press, 2013)
John Mikhail, Elements of Moral Cognition: Rawls' Linguistic Analogy and the Cognitive Science of Moral and Legal Judgment (Cambridge University Press, 2013)
Gerard N. Magliocca, American Founding Son: John Bingham and the Invention of the Fourteenth Amendment (New York University Press, 2013)
Stephen M. Griffin, Long Wars and the Constitution (Harvard University Press, 2013) Andrew Koppelman, The Tough Luck Constitution and the Assault on Health Care Reform (Oxford University Press, 2013)
James E. Fleming and Linda C. McClain, Ordered Liberty: Rights, Responsibilities, and Virtues (Harvard University Press, 2013) Balkinization Symposium on Ordered Liberty: Rights, Responsibilities, and Virtues Andrew Koppelman, Defending American Religious Neutrality (Harvard University Press, 2013)
Brian Z. Tamanaha, Failing Law Schools (University of Chicago Press, 2012)
Sanford Levinson, Framed: America's 51 Constitutions and the Crisis of Governance (Oxford University Press, 2012)
Linda C. McClain and Joanna L. Grossman, Gender Equality: Dimensions of Women's Equal Citizenship (Cambridge University Press, 2012)
Mary Dudziak, War Time: An Idea, Its History, Its Consequences (Oxford University Press, 2012)
Jack M. Balkin, Living Originalism (Harvard University Press, 2011)
Jason Mazzone, Copyfraud and Other Abuses of Intellectual Property Law (Stanford University Press, 2011)
Richard W. Garnett and Andrew Koppelman, First Amendment Stories, (Foundation Press 2011)
Jack M. Balkin, Constitutional Redemption: Political Faith in an Unjust World (Harvard University Press, 2011) Gerard Magliocca, The Tragedy of William Jennings Bryan: Constitutional Law and the Politics of Backlash (Yale University Press, 2011)
Bernard Harcourt, The Illusion of Free Markets: Punishment and the Myth of Natural Order (Harvard University Press, 2010)
Bruce Ackerman, The Decline and Fall of the American Republic (Harvard University Press, 2010) Balkinization Symposium on The Decline and Fall of the American Republic
Ian Ayres. Carrots and Sticks: Unlock the Power of Incentives to Get Things Done (Bantam Books, 2010)
Mark Tushnet, Why the Constitution Matters (Yale University Press 2010) Ian Ayres and Barry Nalebuff: Lifecycle Investing: A New, Safe, and Audacious Way to Improve the Performance of Your Retirement Portfolio (Basic Books, 2010) Jack M. Balkin, The Laws of Change: I Ching and the Philosophy of Life (2d Edition, Sybil Creek Press 2009)
Brian Z. Tamanaha, Beyond the Formalist-Realist Divide: The Role of Politics in Judging (Princeton University Press 2009) Andrew Koppelman and Tobias Barrington Wolff, A Right to Discriminate?: How the Case of Boy Scouts of America v. James Dale Warped the Law of Free Association (Yale University Press 2009) Jack M. Balkin and Reva B. Siegel, The Constitution in 2020 (Oxford University Press 2009) Heather K. Gerken, The Democracy Index: Why Our Election System Is Failing and How to Fix It (Princeton University Press 2009)
Mary Dudziak, Exporting American Dreams: Thurgood Marshall's African Journey (Oxford University Press 2008)
David Luban, Legal Ethics and Human Dignity (Cambridge Univ. Press 2007)
Ian Ayres, Super Crunchers: Why Thinking-By-Numbers is the New Way to be Smart (Bantam 2007)
Jack M. Balkin, James Grimmelmann, Eddan Katz, Nimrod Kozlovski, Shlomit Wagman and Tal Zarsky, eds., Cybercrime: Digital Cops in a Networked Environment (N.Y.U. Press 2007)
Jack M. Balkin and Beth Simone Noveck, The State of Play: Law, Games, and Virtual Worlds (N.Y.U. Press 2006) Andrew Koppelman, Same Sex, Different States: When Same-Sex Marriages Cross State Lines (Yale University Press 2006) Brian Tamanaha, Law as a Means to an End (Cambridge University Press 2006) Sanford Levinson, Our Undemocratic Constitution (Oxford University Press 2006) Mark Graber, Dred Scott and the Problem of Constitutional Evil (Cambridge University Press 2006) Jack M. Balkin, ed., What Roe v. Wade Should Have Said (N.Y.U. Press 2005) Sanford Levinson, ed., Torture: A Collection (Oxford University Press 2004) Balkin.com homepage Bibliography Conlaw.net Cultural Software Writings Opeds The Information Society Project BrownvBoard.com Useful Links Syllabi and Exams |