Here are the collected posts for our Balkinization symposium on Aileen Kavanagh's new book, The Collaborative Constitution (Cambridge University Press, 2023). 1. Jack Balkin, Introduction to the Symposium2. Stephen Gardbaum, Collaborative and Abusive Constitutionalism3. Mark Tushnet, Constitutional Collaboration and Constitutional Showdowns4....

For the Balkinization symposium on Aileen Kavanagh, The Collaborative Constitution (Cambridge University Press, 2023). Aileen Kavanagh  Of Norms and Forms                As Professor Stephen Gardbaum rightly observes, The Collaborative Constitution emphasises the fundamental importance of unwritten norms in all constitutional systems. ...

For the Balkinization symposium on Aileen Kavanagh, The Collaborative Constitution (Cambridge University Press, 2023).  Aileen Kavanagh In The Collaborative Constitution, I argue that constitutional government is a collaborative enterprise between all three branches of government, where each branch has a distinct but complementary role to play,...

For the Balkinization Symposium on Jeremy Kessler, Law and Historical Materialism. Talha Syed  Jeremy Kessler’s “Law and Historical Materialism” is bracing. Bracing in its unapologetic embrace of strong explanatory ambitions for any theory of law, one that must be anchored in a broader theory of society (and even of humanity’s interaction with...

For the Balkinization Symposium on Jeremy Kessler, Law and Historical Materialism.Eva NanopoulosFor all the baggage that the label carries, I would today self-identify as a Marxist. I was therefore very excited to be approached to contribute to a symposium on Kessler’s ‘Law and Historical Materialism’, given that historical materialism is usually...

For the Balkinization Symposium on Jeremy Kessler, Law and Historical Materialism. Yochai BenklerJeremy Kessler has done the LPE movement a favor by producing such a lucid, clearly defined theory of historical materialism for legal analysis. I reject his theory from the ground up and think it must not be the theoretical path forward for LPE. But...