Search for: "Matter of Barnette" Results 201 - 220 of 999
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13 Sep 2019, 12:10 pm by Randy E. Barnett
What was once just a personal interest of mine has now become a matter of vital importance for those who wish to defend the legitimacy of the Constitution, and even of the United States itself. [read post]
13 Aug 2019, 2:48 pm by Guest Blogger
Along with Randy Barnett, he has crafted perhaps the most sophisticated theory of originalism. [read post]
11 Jul 2019, 3:30 am by SHG
” Why he was a suspect is unclear, which matters since it reflects on the possibility of a threat to the police. [read post]
8 Jul 2019, 8:09 pm by Jonathan H. Adler
[A quick round up and response to Josh Blackman and Randy Barnett] Tomorrow at 1pm Central (2pm Eastern), the U.S. [read post]
8 Jul 2019, 6:30 am by Randy Barnett
"  As a general matter, a Plaintiff only has standing to challenge a specific provision of law that provision injures her. [read post]
27 Jun 2019, 6:30 am by Guest Blogger
  Many of the so-called "New Originalists," including Randy Barnett, Keith Whittington, and myself, affirm a distinction between "Interpretation" (discovering the meaning of the text) and "construction" (determining the legal effect given to the text). [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 May 2019, 2:09 pm by Dan Ernst
Perhaps much more than has been recognized, Barnette is a paean to the sovereignty of the mind, and in doing so it treats this realm as much or more as a matter of state non-interference than as a subject for measured judicial balancing.Although I focus closely on the text of the opinion itself, I offer some larger assessments of Barnette's condition today. [read post]
22 Apr 2019, 6:30 am by Guest Blogger
Barnette (1943) Frankfurter emphasized that “[t]he Court has no reason for existence if it merely reflects the pressures of the day” and in Dennis v. [read post]
25 Feb 2019, 12:42 pm by Rebecca Tushnet
Doesn’t matter if the mark isn’t eligible for protection in certain jurisdictions – geographic indicators. [read post]
11 Feb 2019, 3:42 pm by Eugene Volokh
As a matter of common sense, an objective observer would not perceive a singular statement such as the comparative faith statement, or a lone question about a religion's core principle on a fill-in-the-blank assignment, as an endorsement or disapproval of religion.... [read post]
6 Feb 2019, 8:47 am by David Kopel
As our brief explains, firearms manufacturers readily comply with California mandates (no matter how foolish) when manufacturers can do so. [read post]
16 Jan 2019, 5:15 pm by Ronald Mann
Home Depot responded by filing a petition seeking to remove the matter to federal court under the CAFA. [read post]
18 Dec 2018, 11:20 am by Neil Siegel
 (Several commentators, including Neal Katyal, Randy Barnett, and Jeffrey Rosen, noticed close similarities in the analysis, citations, and rhetoric between our article and the majority opinion of Chief Justice Roberts.) [read post]
6 Dec 2018, 4:16 pm by INFORRM
During the trial, McCallum reversed her own concluded position on whether the qualified privilege defence was a matter for the jury. [read post]