Charles Barzun @cbarzun
Professor of Law @uvalaw. Contextually obtuse since the late 20th century. law.virginia.edu/faculty/profil… Charlottesville, VA Joined December 2009-
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Judge Wilkinson: “The role that Hamilton and Madison played for the federal Constitution, Dick Howard played for the Virginia Constitution.” What a legend. Having Shaped World Constitutions and UVA Minds Since 1964, A. E. Dick Howard ’61 To Retire law.virginia.edu/news/202404/ha…
What a joy it was to have this conversation with one of my favorite people in the world, a living legend of Virginia, A. E. Dick Howard:
What a joy it was to have this conversation with one of my favorite people in the world, a living legend of Virginia, A. E. Dick Howard:
Speaking of Fuller, @fjimenez_c , this is the passage I like in that essay b/c I think that Hart was trying to have it both ways w/r/t whether a rule qualifying as law makes a difference to our practical/moral reasoning. As I read him, Dworkin made a similar critique in MoR II.
I've posted a draft paper, "Habeas Corpus and Void Judgments," to SSRN: papers.ssrn.com/abstract=46240…. Comments welcome. Summary below. 1/8
Here are the panelists for today's @NotreDameLRev fed courts symposium on non-Art III courts: @adityabamzai, Richard Fallon, @jennmascott, Martin Redish, and Anne Woolhandler. Should be a pretty good issue!
Surveyee/customer Bill of Rights: 1. No survey should have more 3 questions. 2. No question should have more than 3 multiple-choice answers. 3. No survey should go more than 1 page. Others?
paging @RandyEBarnett @TheGNapp @cbarzun and alison lacroix -- one more post: The use and misuse of history in (constitutional) law: some additional observations priorprobability.com/2024/01/09/the… via @lawscholar
For me this is what makes the attacks from the right on Magill and the others Presidents so irritating. She was trying to answer the very hard Q that many of them still refuse to answer.
For me this is what makes the attacks from the right on Magill and the others Presidents so irritating. She was trying to answer the very hard Q that many of them still refuse to answer.
So do conservatives want more free speech on campus (as they've been saying for years)? Or more protection of students from speech on campus? (as they've been saying for the last 2 months). This piece by @jpodhoretz is typical in its inability or unwillingness to answer that Q.
So do conservatives want more free speech on campus (as they've been saying for years)? Or more protection of students from speech on campus? (as they've been saying for the last 2 months). This piece by @jpodhoretz is typical in its inability or unwillingness to answer that Q.
That time of year again: mcsweeneys.net/articles/its-d…
Thank you, Twitter people. I'm glad that a plurality (even if not a majority) answered what is clearly the correct answer--that to say that something is on the "right side of history" is to make BOTH a predictive/empirical claim and a moral one. (pushback welcome).
Thank you, Twitter people. I'm glad that a plurality (even if not a majority) answered what is clearly the correct answer--that to say that something is on the "right side of history" is to make BOTH a predictive/empirical claim and a moral one. (pushback welcome).
To say that a particular position on some controversial social or political issue will be on the "right side of history" is to make what kind of claim? (comments and criticisms welcome)
@calvinrobinson @cathconclave "Present-Day Thoughts on the Quality of Life (1969)", by Jacques Barzun theamericanscholar.org/present-day-th… @MatthewBarzun @cbarzun
New paper with @ProfJDNelson, replying to arguments for least cost and harm avoidance approaches in constitutional rights conflicts. We survey a broader range of decision rules for hard cases. With thanks to @VirginiaLawRev. virginialawreview.org/articles/secon…
This is great, and an important reminder: jonmalesic.substack.com/p/against-libe…
I highly recommend this piece by Cynthia Nicoletti on war as a source of law in the civil war era. Legal theorists (myself included) tend to think much too narrowly and formalistically about legal sources. This piece makes one think virginialawreview.org/articles/the-r…
Through the gauntlet and forthcoming in Law and History Review:
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@cbarzun Now maybe that’s unfair to Fuller bc I can read Hart’s essay in light of his later work, but I think it’s clear enough from the 1958 paper, and that Fuller is culpable for the misreading. Eg, there’s something very strange about how “perception” operates here
@cbarzun Oh—I didn’t mean the screenshotted passage, I meant the whole paper’s take on Hart; on my read he really doesn’t seem to get what Hart was up to.
Olives are disgusting.
I really enjoyed this conversation between two of my mentors. Like @cbarzun and so many others, I was Professor Howard’s research assistant as a law student. He is such a treasure.
WATCH: Prof. A. E. Dick Howard '61 talks with Prof. @cbarzun about Howard’s career and work on drafting constitutions, which took him from Virginia to Central Europe and back again. youtu.be/Agio_Xsp2k0
@cbarzun @fjimenez_c (If that's of any interest I've written a bit on this — in French alas) droitphilosophie.com/article/lectur…
@cbarzun @fjimenez_c You're not missing much :D
@cbarzun @fjimenez_c Anyway, sorry to spam your TL with my Hartian disquisitions. Thanks for the exchange !
@CarpentierUT1 @cbarzun @fjimenez_c You mean Hart's positive morality. What about critical morality?
@cbarzun @jbentonheath I'm the first to agree that there's a lot of interesting and insightful stuff in Fuller's work!
@fullmagajacket @cbarzun I mean, social safety nets certainly have to be on the list, right? It's also a little odd to me that you're saying "nothing but the race card" ... but then you list several examples of positions that are non-race-specific. (I'd also dispute a few but that's neither here/there.)
What an appalling contrast between the life and example of a courageous patriot like Navalny and a spoiled rotten American Twitter commentariat that wouldn’t know an oppressive government if it hit them in the face
I don't believe Putin is more evil than Biden/Brennan/Clinton/CIA. It's closer to a tie. The Democrats who are denied real news will find that shocking. The people who routinely see both sides of the news, mostly on X, probably agree.
Tfw when the earth shakes in the middle of the law & religion conference. @MAHelfand
I've posted a draft paper, "Habeas Corpus and Void Judgments," to SSRN: papers.ssrn.com/abstract=46240…. Comments welcome. Summary below. 1/8
Is this bad? Because it looks bad.
I am averaging a taco per hour since I landed in Mexico City.
Here are the panelists for today's @NotreDameLRev fed courts symposium on non-Art III courts: @adityabamzai, Richard Fallon, @jennmascott, Martin Redish, and Anne Woolhandler. Should be a pretty good issue!
paging @RandyEBarnett @TheGNapp @cbarzun and alison lacroix -- one more post: The use and misuse of history in (constitutional) law: some additional observations priorprobability.com/2024/01/09/the… via @lawscholar
@cbarzun @shershovitz these abstractions are both fascinating and frustrating. Can I ask very concretely, do you guys think (1)trump should be DQ’d based on text from 1866, and (2) that a yes answer to [1] is in tension w democratic values?
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