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21 Mar 2023, 7:01 am by Randy E. Barnett
(2021) Donald Drakeman, The Hollow Core of Constitutional Theory: Why We Need the Framers (2021) Jamal Greene, How Rights Went Wrong: Why Our Obsession With Rights is Tearing America Apart (2021) David Schwartz, The Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch v. [read post]
25 Oct 2022, 6:30 am by Guest Blogger
              The debate in many ways goes back to Justice Holmes’s typically cryptic dissenting opinion in Lochner v. [read post]
14 Jun 2022, 2:29 pm by Randy E. Barnett
(2021) Donald Drakeman, The Hollow Core of Constitutional Theory: Why We Need the Framers (2021) Jamal Greene, How Rights Went Wrong: Why Our Obsession With Rights is Tearing America Apart (2021) David Schwartz, The Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch v. [read post]
2 May 2022, 1:48 pm by Jonathan M. Barnett
Barnett of USC Gould School of Law—the eighth entry in our FTC UMC Rulemaking symposium—are developed in greater detail in “Regulatory Rents: An Agency-Cost Analysis of the FTC Rulemaking Initiative,” a chapter in the forthcoming book FTC’s Rulemaking Authority, which will be published by Concurrences later this year. [read post]
17 Aug 2020, 8:40 am by Randy E. Barnett
(2015) Michael Paulsen & Luke Paulsen, The Constitution: An Introduction (2015) Thomas Leonard, Illiberal Reformers: Race, Eugenics, and American Economics in the Progressive Era (2016) Tara Smith, Judicial Review in an Objective Legal System (2015) Ilya Somin, The Grasping Hand: Kelo v. [read post]
7 Jun 2019, 6:30 am by Sandy Levinson
 See, e.g., Frankfurter's opinions first in Gobitis and then his angry and anguished dissent in Barnette that helped to establish the split within liberalism between those who believed in "judicial restraint" and those who were beginning to rally around what came to be called "Footnote 4" liberalism instantiated in such decisions as Brown and then, perhaps most strikingly, Baker v. [read post]
31 May 2019, 6:00 am by Guest Blogger
  “The fact that this decision was apparently political, rather than legal, completely undermines its legitimacy as a precedent,” vented Randy Barnett, counsel for the Republican state officials who brought the case. [read post]
15 Dec 2017, 7:25 am by Ronald Collins
Barnette, and other cases dealing with claims by the Jehovah’s Witnesses, with his 1949 opinion in Terminello v. [read post]
4 May 2017, 11:09 am by Calvin TerBeek
But Alito then weighs in on the "culture wars," criticizing the Court's handling of Fisher v. [read post]
4 Dec 2016, 4:08 pm by INFORRM
  Or as, Professor Steven Barnett put it on Twitter “Today one unaccountable tabloid editor attempts to undermine the integrity of 11 independent judges. [read post]
4 Oct 2016, 7:49 am by Sandy Levinson
 Barnett's critique of "minimum rationality" when used mindlessly to uphold rent seeking regulation like that in Williamson v. [read post]
22 May 2016, 4:05 pm by INFORRM
 As Steve Barnett pointed out in a post last week, the public’s views on privacy are in line with those of the judges rather than those of the Sun. [read post]