The Yale Law Journal

Jack M. Balkin


Online Legal Scholarship: The Medium and the Message

Jack M. Balkin

On July 13, 2006, my fellow blogger, Marty Lederman, sent me a copy of a proposed surveillance bill drafted by Senator Arlen Specter’s office. For months, Marty and I had been covering the controversy over the National Security Agency’s (NSA) domestic surveillance program on our group blog, Balk…


Bush v. Gore and the Boundary Between Law and Politics

Jack M. Balkin

110 Yale L.J. 1407 (2001)

Shortly after the Supreme Court's 5-4 decision in Bush v. Gore, one member of the majority, Associate Justice Clarence Thomas, addressed a group of students in the Washington, D.C., area. He told them that he believed that the work of the Court was not in any way influenced…