"Publishing a restatement of choice of law is an ironic act."
Even Charles Black thought not.
A case for constitutions and judicial review.
Law professor Erwin Chemerinsky has a new book arguing that the Supreme Court is a failure. But is Chemerinsky just criticizing the Court for not agreeing with his personal policy preferences? I ask him that, and he responds.
Yes, but maybe not the one you think.
Prof. David Enoch attacks Prof. Bell's purported "pseudo-scholarship," without providing any evidence that Bell is wrong, much less so egregiously wrong to warrant such an attack.
It is a rare achievement to write about a case in the constitutional law canon and tell us something we did not know. John Stinneford does with Miranda.
Nicholas Parrillo seems to be everywhere these days. Last week Balkinization hosted a Web symposium on his justly famous book, Against the Profit Motive: The Salary Revolution in American Government, 1780-1940, which charts the change from the use of user fees, bounties and the like to the use of salaries to compensate public officials. Heather […]
Congratulations to the VC's Orin Kerr for topping the list of criminal law professors.
Every student of criminal procedure learns that the Katz test for searches has two steps. In a forthcoming essay, I argue that this is a myth. Katz only has one step. Subjective expectations of privacy are irrelevant, and an overlooked doctrinal shift explains why.