All Articles tagged balancing

• General
  August 18, 2022 EDT
  Qualified Absolutism, Categorical Balancing, and New Categories
  Steven H. Shiffrin

  This article provides a defense of categorical balancing. The methodology for determining new categories of unprotected speech and of determining when speech is presumed to be protected is in shambles.

• New York Appeals
  January 01, 2014 EDT
  WHEN DAD REACHED ACROSS THE AISLE: HOW MARIO CUOMO CREATED A BIPARTISAN COURT OF APPEALS
  Benjamin Pomerance

  This article examines the parallels between former Governor Mario Coumo and his son, Governor Andrew Cuomo, having the opportunity to appoint a majority of Court of Appeals Judges.

• State Constitutional Commentary
  September 23, 2013 EDT
  IN THE BALANCE: THOUGHTS ON BALANCING AND ALTERNATIVE APPROACHES IN STATE CONSTITUTIONAL INTERPRETATION
  Thomas A. BalmerKatherine Thomas

  This essay examines two approaches to constitutional adjudication: one approach has been described as a “balancing” approach and the other approach may be called a “categorical” approach.