Search for: "Matter of Barnette"
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16 Sep 2019, 10:45 am
Barnette (1943). [read post]
13 Sep 2019, 12:10 pm
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]
11 Sep 2019, 3:41 pm
Barnett September 18, 2001 11:30 a.m. [read post]
13 Aug 2019, 2:48 pm
Along with Randy Barnett, he has crafted perhaps the most sophisticated theory of originalism. [read post]
11 Jul 2019, 3:30 am
” 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
[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
" 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
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
“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
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]
26 Apr 2019, 9:53 am
See Barnett v. [read post]
22 Apr 2019, 6:30 am
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
Doesn’t matter if the mark isn’t eligible for protection in certain jurisdictions – geographic indicators. [read post]
11 Feb 2019, 3:42 pm
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
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
Home Depot responded by filing a petition seeking to remove the matter to federal court under the CAFA. [read post]
28 Dec 2018, 12:01 am
Barnette (319 U.S. 624). [read post]
18 Dec 2018, 11:20 am
(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]
14 Dec 2018, 12:09 pm
When Winning Matters Most, Call MyPhillyLawyer. [read post]
6 Dec 2018, 4:16 pm
During the trial, McCallum reversed her own concluded position on whether the qualified privilege defence was a matter for the jury. [read post]