This Article suggests that, with the publication of Jack Balkin\u27s Living Originalism, we are witnessing the Balkanization of originalism (when originalism splits into warring camps) along with the Balkinization of originalism (when even Balkin, hitherto a pragmatic living constitutionalist, becomes an originalist). It goes on to argue that Balkin\u27s living originalism is what Ronald Dworkin has called a moral reading of the Constitution, for it conceives the Constitution as embodying abstract moral and political principles, not codifying concrete historical rules or practices. Furthermore, despite important differences, there are unmistakable affinities between Balkin\u27s commitment to interpret the Constitution so as to redeem ...
Until very recently, same-sex marriage would have been regarded as a contradiction in terms. Today, ...
With this event – A Symposium on Jack Balkin’s Living Originalism and David Strauss’s The Living Con...
The original title for the conference talk on which this brief article is based, hand-picked by the ...
This Article suggests that, with the publication of Jack Balkin\u27s Living Originalism, we are witn...
Are we all originalists now? If anything would prompt that question, it would be Ronald Dworkin and ...
In this short piece for a symposium on Jack Balkin\u27s new book, Living Originalism, I welcome Jack...
Are we all originalists now? If anything would prompt that question, it would be Ronald Dworkin and ...
Jack Balkin‟s Living Originalism is a major contribution to American constitutional theory. But it m...
In Living Originalism, Jack Balkin reasons from two points of view — the perspective of the constitu...
In Living Originalism, Jack Balkin reasons from two points of view — the perspective of the constitu...
In Living Originalism, Jack Balkin reasons from two points of view — the perspective of the constitu...
In Living Originalism, Jack Balkin reasons from two points of view — the perspective of the constitu...
This article considers Professor Jack M. Balkin’s text on the methodology of constitutional interpre...
Jack Balkin’s Living Originalism (2011), together with the companion volume Constitutional Redemp...
Until very recently, same-sex marriage would have been regarded as a contradiction in terms. Today, ...
Until very recently, same-sex marriage would have been regarded as a contradiction in terms. Today, ...
With this event – A Symposium on Jack Balkin’s Living Originalism and David Strauss’s The Living Con...
The original title for the conference talk on which this brief article is based, hand-picked by the ...
This Article suggests that, with the publication of Jack Balkin\u27s Living Originalism, we are witn...
Are we all originalists now? If anything would prompt that question, it would be Ronald Dworkin and ...
In this short piece for a symposium on Jack Balkin\u27s new book, Living Originalism, I welcome Jack...
Are we all originalists now? If anything would prompt that question, it would be Ronald Dworkin and ...
Jack Balkin‟s Living Originalism is a major contribution to American constitutional theory. But it m...
In Living Originalism, Jack Balkin reasons from two points of view — the perspective of the constitu...
In Living Originalism, Jack Balkin reasons from two points of view — the perspective of the constitu...
In Living Originalism, Jack Balkin reasons from two points of view — the perspective of the constitu...
In Living Originalism, Jack Balkin reasons from two points of view — the perspective of the constitu...
This article considers Professor Jack M. Balkin’s text on the methodology of constitutional interpre...
Jack Balkin’s Living Originalism (2011), together with the companion volume Constitutional Redemp...
Until very recently, same-sex marriage would have been regarded as a contradiction in terms. Today, ...
Until very recently, same-sex marriage would have been regarded as a contradiction in terms. Today, ...
With this event – A Symposium on Jack Balkin’s Living Originalism and David Strauss’s The Living Con...
The original title for the conference talk on which this brief article is based, hand-picked by the ...