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Stepping up to the Challenge of Leadership on Race
STEPPING UP TO THE CHALLENGE OF LEADERSHIP ON RACE Anthony C. Thompson* I. INTRODUCTION First and foremost, I want to thank you for inviting me to deliver this keynote address. I applaud your choice to participate in a conference on difference and leadership because these are critical issues that deserve our best thinking and our collective attention. I have watched with great interest as organizations from global businesses, to law schools, to court systems have begun embracing the concept of diversity and inclusion. Setting diversity and inclusion as operating goals in our institutions is long overdue and an important step toward addressing chronic equity issues in our society. But as I celebrate the attention and intention around such efforts, I also have a worry. I am concerned that, as we work toward the inclusion part of the effort, we are rushing a little too fast past the diversity component. As a country, we have been quite anxious to define diversity as “diversity of thought,” “diversity of experience,” and, yes, even “gender diversity” as a way of avoiding the difficulty and discomfort of examining racial diversity. But we, as lawyers and leaders, need to learn to get comfortable in that discomfort. Because as much as we might * Professor of Clinical Law, Faculty Director, Center on Race, Inequality, and the Law at New York University School of Law. I gratefully acknowledge financial support from the Filomen D’Agostino and Max Greenberg Research Fund at the New York University School of Law. I would like to thank Professor Kim Taylor-Thompson for her helpful comments on this project. -
The Early Years of First Amendment Lochnerism
COLUMBIA LAW REVIEW VOL. 116 DECEMBER 2016 NO. 8 ARTICLES THE EARLY YEARS OF FIRST AMENDMENT LOCHNERISM Jeremy K. Kessler* From Citizens United to Hobby Lobby, civil libertarian challenges to the regulation of economic activity are increasingly prevalent. Critics of this trend invoke the specter of Lochner v. New York. They suggest that the First Amendment, the Religious Freedom Restoration Act, and other legislative “conscience clauses” are being used to resurrect the economically libertarian substantive due process jurisprudence of the early twentieth century. Yet the worry that aggressive judicial enforcement of the First Amendment might erode democratic regulation of the economy and enhance the economic power of private actors has a long history. As this Article demonstrates, anxieties about such “First Amendment Lochnerism” date back to the federal judiciary’s initial turn to robust protection of free exercise and free expression in the 1930s and 1940s. Then, it was those members of the Supreme Court perceived as most liberal who struck down economic regulations on First Amendment grounds. They did so in a series of contentious cases involving the Jehovah’s Witnesses, who challenged local peddling taxes as burdening a central aspect of their missionary faith—the mass sale and distribution of religious literature. In dissent, Justice Robert Jackson warned that the new “liberal” majority’s expansive conception of First *. Associate Professor and Milton Handler Fellow, Columbia Law School. FoR conversation and counsel along the way, -
An Open Letter to Congressman Gingrich
Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 1995 An Open Letter to Congressman Gingrich Bruce Ackerman Akhil Amar Jack Balkin Susan Low Bloch Philip Chase Bobbitt Columbia Law School, [email protected] See next page for additional authors Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Constitutional Law Commons, Taxation-Federal Commons, and the Tax Law Commons Recommended Citation Bruce Ackerman, Akhil Amar, Jack Balkin, Susan L. Bloch, Philip C. Bobbitt, Richard Fallon, Paul Kahn, Philip Kurland, Douglas Laycock, Sanford Levinson, Frank Michelman, Michael Perry, Robert Post, Jed Rubenfeld, David Strauss, Cass Sunstein & Harry Wellington, An Open Letter to Congressman Gingrich, 104 YALE L. J. 1539 (1995). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/2193 This Response/Comment is brought to you for free and open access by the Faculty Publications at Scholarship Archive. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarship Archive. For more information, please contact [email protected]. Authors Bruce Ackerman, Akhil Amar, Jack Balkin, Susan Low Bloch, Philip Chase Bobbitt, Richard Fallon, Paul Kahn, Philip Kurland, Douglas Laycock, Sanford Levinson, Frank Michelman, Michael Perry, Robert Post, Jed Rubenfeld, David Strauss, Cass Sunstein, and Harry Wellington This response/comment is available at Scholarship Archive: https://scholarship.law.columbia.edu/ faculty_scholarship/2193 Comment An Open Letter to Congressman Gingrich* We urge you to reconsider your proposal to amend the House Rules to require a three-fifths vote for enactment of laws that increase income taxes.' This proposal violates the explicit intentions of the Framers. -
Bios for Commercial Speech 2020
Bios for Commercial Speech 2020 Floyd Abrams Floyd Abrams is Senior Counsel in Cahill Gordon & Reindel LLP's litigation practice group. Floyd has a national trial and appellate practice and extensive experience in high-visibility matters, often involving First Amendment, securities litigation, intellectual property, public policy and regulatory issues. He has argued frequently in the Supreme Court in cases raising issues as diverse as the scope of the First Amendment, the interpretation of ERISA, the nature of broadcast regulation, the impact of copyright law and the continuing viability of the Miranda rule. Floyd Abrams is a member of the American Academy of Arts & Sciences. He has been an active member of both federal and New York City bar associations and has chaired committees for both. He has been the recipient of numerous awards, including Yale Law School’s prestigious Award of Merit in 2015. He has appeared frequently on television and has published articles and reviews in The New York Times, The Washington Post, The Yale Law Journal, The Harvard Law Review, and elsewhere. For fifteen years, Floyd was the William J. Brennan, Jr. Visiting Professor of First Amendment Law at the Columbia Graduate School of Journalism. He has, as well, been a Visiting Lecturer at Yale Law School and Columbia Law School and he is author of Friend of the Court: On the Front Lines with the First Amendment, published by Yale University Press (2013) and Speaking Freely: Trials of the First Amendment, published by Viking Press (2005). Alex Abdo Alex Abdo is the inaugural Litigation Director of the Knight First Amendment Institute at Columbia University. -
Inspiring Americans to Greatness Attendees of the 2019 Freedom Conference Raise Their Hands in Solidarity with Hong Kong Pro-Democracy Protesters
Annual Report 2019-20 Inspiring Americans to Greatness Attendees of the 2019 Freedom Conference raise their hands in solidarity with Hong Kong pro-democracy protesters The principles espoused by The Steamboat Institute are: Limited taxation and fiscal responsibility • Limited government • Free market capitalism Individual rights and responsibilities • Strong national defense Contents INTRODUCTION EMERGING LEADERS COUNCIL About the Steamboat Institute 2 Meet Our Emerging Leaders 18 Letter from the Chairman 3 MEDIA COVERAGE AND OUTREACH AND EVENTS PUBLIC ENGAGEMENT Campus Liberty Tour 4 Media Coverage 20 Freedom Conferences and Film Festival 8 Social Media Analytics 21 Additional Outreach 10 FINANCIALS TONY BLANKLEY FELLOWSHIP 2019-20 Revenue & Expenses 22 FOR PUBLIC POLICY & AMERICAN EXCEPTIONALISM FUNDING About the Tony Blankley Fellowship 11 2019 and 2020 Fellows 12 Funding Sources 23 Past Fellows 14 MEET OUR PEOPLE COURAGE IN EDUCATION AWARD Board of Directors 24 Recipients 16 National Advisory Board 24 Our Team 24 The Steamboat Institute 2019-20 Annual Report – 1 – About The Steamboat Institute Here at the Steamboat Institute, we are Defenders of Freedom When we started The Steamboat Institute in 2008, it was and Advocates of Liberty. We are admirers of the bravery out of genuine concern for the future of our country. We take and rugged individualism that has made this country great. seriously the concept that freedom is never more than one We are admirers of the greatness and wisdom that resides generation away from extinction. in every individual. We understand that this is a great nation because of its people, not because of its government. The Steamboat Institute has succeeded beyond anything Like Thomas Jefferson, we would rather be, “exposed to we could have imagined when we started in 2008. -
Jack Balkin's Interaction Theory of “Commerce”
Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2011 Jack Balkin's Interaction Theory of “Commerce” Randy E. Barnett Georgetown University Law Center, [email protected] Georgetown Public Law and Legal Theory Research Paper No. 11-37 This paper can be downloaded free of charge from: https://scholarship.law.georgetown.edu/facpub/626 http://ssrn.com/abstract=1803439 2012 U. Ill. L. Rev. 623-667 This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: https://scholarship.law.georgetown.edu/facpub Part of the Constitutional Law Commons BARNETT.DOCX (DO NOT DELETE) 5/14/2012 10:46 AM JACK BALKIN’S INTERACTION THEORY OF “COMMERCE” Randy E. Barnett* In his book, Living Originalism, Jack Balkin proposes what he calls the “interaction theory” of the original semantic meaning of the word “commerce” in the commerce clause. He claims that “com- merce” meant “social interaction.” In this Article, I explain why his theory is wrong due to errors of commission and omission. Balkin is wrong to reduce “commerce” to “intercourse,” “intercourse” to “in- teraction,” and “interaction” to “affecting.” This triple reduction dis- torts rather than illuminates the original meaning of “commerce.” Balkin furthermore omits from his discussion the massive amounts of evidence of contemporary usage—along with dictionary definitions of “intercourse”—establishing that “commerce” referred to the trade or transportation of things or persons, and did not include such produc- tive economic activity as manufacturing or agriculture, much less all social interaction. I also reply to Balkin’s criticisms of my book, Re- storing the Lost Constitution. -
Why Liberals and Conservatives Flipped on Judicial Restraint: Judicial Review in the Cycles of Constitutional Time
BALKIN.PRINTER (DO NOT DELETE) 12/21/2019 1:12 PM Why Liberals and Conservatives Flipped on Judicial Restraint: Judicial Review in the Cycles of Constitutional Time Jack M. Balkin* INTRODUCTION .......................................................................................... 215 I. POLITICAL REGIMES IN POLITICAL TIME ............................................ 220 A. The Idea of a Constitutional Regime ...................................... 220 B. Judicial Time ........................................................................... 224 II. HOW THE RISE AND FALL OF REGIMES AFFECTS JUDICIAL REVIEW . 227 III. THE ROLE OF CONSTITUTIONAL THEORY IN THE CYCLE OF REGIMES ............................................................................................. 243 A. The Cycle of Regimes and Living Constitutionalism ............. 246 B. The Cycle of Regimes and Originalism .................................. 251 C. The Return of Liberal Skepticism About Judicial Review ..... 261 CONCLUSION ............................................................................................. 264 Introduction Over the course of a little more than a century, American liberals (or, in an earlier period, progressives) and conservatives have switched positions on judicial review, judicial restraint, and the role of the federal courts—not once, but twice.1 At the beginning of the twentieth century, progressives grew increasingly skeptical of judicial review, while conservatives embraced judicial review to limit federal and state regulation and -
Living Originalism and Living Constitutionalism As Moral Readings of the American Constitution
LIVING ORIGINALISM AND LIVING CONSTITUTIONALISM AS MORAL READINGS OF THE AMERICAN CONSTITUTION JAMES E. FLEMING∗ INTRODUCTION ............................................................................................. 1171 I. THE BALKANIZATION (AND BALKINIZATION) OF ORIGINALISM........ 1173 II. BALKIN’S LIVING ORIGINALISM AS A MORAL READING OF THE AMERICAN CONSTITUTION ................................................................ 1175 III. STRAUSS’S LIVING CONSTITUTIONALISM AS A MORAL READING OF THE AMERICAN CONSTITUTION .................................................... 1177 A. Originalism and Its Sins ............................................................ 1177 B. The Common Law ...................................................................... 1179 C. The Role of the Written Constitution: Common Ground and Jefferson’s Problem ............................................................ 1180 D. Constitutional Amendments and the Living Constitution .......... 1183 CONCLUSION ................................................................................................. 1184 INTRODUCTION With this event – A Symposium on Jack Balkin’s Living Originalism and David Strauss’s The Living Constitution – we launch a Boston University School of Law series of symposia on significant recent books in law. The distinctive format is to pick two significant books that join issue on an important topic, to invite the author of each book to write an essay on the other book, and to invite several Boston University School of Law faculty -
Democracy and Dysfunction: an Exchange
DEMOCRACY AND DYSFUNCTION: AN EXCHANGE SANFORD LEVINSON' JACK M. BALKIN* September 29, 2015 Dear Jack, It is obviously no longer controversial that the American political system, especially at the national level, is seriously dysfunctional. Consider, for example, what are nearly the opening words-after noting that the United States Capitol is currently enfolded by scaffolding for repair of the physical building-of the distinguished Columbia political scientist and historian Ira Katznelson's recent contribution to a Boston Review forum on "Anxieties of Democracy."' Even if "[r]estoration is underway, its conclusion in sight," repair of the institutions inside the Capitol seems a long way off, if it is even possible.2 Katznelson continues: The House and Senate are presently shackled. Paralyzed by party divisions, influenced excessively by moneyed interests, and perverted by the disappearance of civic virtue, representative institutions appear unable to identify and address our most consequential public problems, including the politics of redistribution, racial equity, immigration, and the proper balance between liberty and national security. Like the dome, American democracy badly needs reconstruction.3 * Professor 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. Professor Levinson is also, in both fall 2015 and 2016, a visiting Professor of Law at Harvard Law School. He was elected to the American Academy of Arts and Sciences in 2001 and received the Lifetime Achievement Award from the Law and Courts Section of the American Political Science Association in 2010. Among his books is Framed:America's 51 Constitutions and the Crisis of Governance (2012). -
White Male Aristocracy
Boston College Law School Digital Commons @ Boston College Law School Boston College Law School Faculty Papers 4-30-2020 White Male Aristocracy Mary Sarah Bilder Boston College Law School, [email protected] Follow this and additional works at: https://lawdigitalcommons.bc.edu/lsfp Part of the Constitutional Law Commons, and the Legal History Commons Recommended Citation "White Male Aristocracy," Symposium on Gerald Leonard and Saul Cornell, The Partisan Republic: Democracy, Exclusion, and the Fall of the Founders' Constitution, 1780s-1830s (Cambridge University Press, 2019), Balkinization, April 30, 2020. This Article is brought to you for free and open access by Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College Law School Faculty Papers by an authorized administrator of Digital Commons @ Boston College Law School. For more information, please contact [email protected]. Balkinization: White Male Aristocracy More Create Blog Sign In Balkinization Front page Thursday, April 30, 2020 Balkin.com Books by Balkinization White Male Aristocracy Bloggers Balkinization an unanticipated Guest Blogger consequence of Jack M. Balkin For the Symposium on Gerald Leonard and Saul Cornell, The Partisan Republic: Democracy, Exclusion, and the Fall of the Founders' Constitution, 1780s- -- Archives - - 1830s (Cambridge University Press, 2019). Mary Sarah Bilder Gerry Leonard and Saul Cornell’s fascinating book, The Partisan Republic: E-mail: Democracy, Exclusion, and the Fall of the Founders’ Constitution, 1780-1830s Jack Balkin: jackbalkin at tells the story, as I put in in a blurb, “of the unsettling transformation of yahoo.com aristocratic-tinged constitutional republic into a partisan white male democracy.” Bruce Ackerman bruce.ackerman at In this year where we recall the Nineteenth Amendment’s re-enfranchisement of yale.edu women, the Leonard/Cornell book demands that we reevaluate the way we Ian Ayres describe the early nineteenth-century constitutional state. -
Report to the Internal Review Committee
Center for Neuroscience & Society University of Pennsylvania REPORT TO THE INTERNAL REVIEW COMMITTEE I. Mission …………………………………………………………………………………….…………………….. p. 2 II. History …………………………………………………………………………………………………….…….. p. 2 III. People ………………………………………………………………………………………………………….. p. 2 Faculty Staff Fellows Visiting Scholars Advisory Board IV. Funding …………………………………………………………………………………………………….…… p. 4 V. Space and Facilities ………………………………………………………………………………………… p. 4 VI. Overview .……………………………………………………………………………………………………… p. 5 VII. Research on Neuroscience and Society…………………………………………………………. P. 5 VIII. Outreach (Including K-12 Education) …………………………………………………………… p. 7 Online Public Talks Academic Outreach Within Penn Outreach Beyond Penn Conferences K-12 Education IX. Higher Education ………………………………………………………………………………………….. p. 11 Neuroscience Boot Camp Continuing Medical Education Neuroethics Learning Collaborative Penn Fellowships in Neuroscience and Society New Courses Preceptorials Graduate Certificate in Social, Cognitive and Affective Neuroscience (SCAN) X. Conclusions, Challenges for the Future …………………………………………………………… p. 15 Appendices 1-11 Submitted April 9, 2016, by Martha J. Farah, Director of the Center for Neuroscience & Society 1 I. Mission Neuroscience is giving us increasingly powerful methods for understanding, predicting and manipulating the human mind. Every sphere of life in which psychology plays a central role – from education and family life to law and politics – will be touched by these advances, and some will be profoundly transformed. -
Law & Economics
ANNUAL REPORT 2008–2009 We find “islands of conscious power in this ocean of unconscious co-operation like lumps of butter coagulat- ing in a pail of buttermilk.” But in view of the fact that it is usually argued that co-ordination will be done by the price mechanism, why is such organization neces- sary? Why are there these “islands of conscious power”? Outside the firm, price movements direct production, which is coordinated through a series of exchange trans- actions on the market. Within a firm, these markets transactions are eliminated and in place of the com- plicated market structure with exchange transactions is substituted the entrepreneur co-ordinator, who directs production. It is clearinstitute that these for are alternative methods of co-ordinatinglaw production. & economics Yet, having regard to the fact that if production is regulated by price movements, production could be carried on without any organization at all, well might we ask, why is there any organization? A Joint Research Center of the Law School, the Wharton School, and the Department of Economics in the School of Arts and Sciences at the University of Pennsylvania Message from the Co-Chairs for almost three decades, penn’s institute for law and economics has contributed to scholarship, policy, and practice on relevant issues of law and economics that affect our country’s businesses and fi nancial institutions. tHe InstItUte’s programs have become increasingly relevant and important in this challenging economic climate, focusing on the issues that the academic, legal, and business communities care about. today the Institute enjoys an Message from the Co-Chairs 1 deal day 20 outstanding international reputation for the excellence of its programs, where leaders in business, fi nancial management, Board of Advisors 2 Chancery Court programs 20 legal practice, and academic scholarship candidly discuss the intersec- Message from the Dean 4 Lectures 22 tion of theory and practice on a host of signifi cant issues.