Search for: "Adoption of Barnett"
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5 Mar 2018, 6:50 am
Randy Barnett has argued that an originalist judge like Justice Scalia should not have taken certain positions in commerce clause cases, and so on. [read post]
8 Apr 2024, 4:00 am
Then, one of the two leagues adopts it but amidst great controversy. [read post]
18 May 2023, 5:01 am
VC member Randy Barnett once helpfully organized five various originalist "models" about what the Ninth Amendment meant when it was adopted. [read post]
23 Jan 2015, 8:42 am
Morgan and Melissa Barnett The U.S. [read post]
30 Nov 2011, 5:55 am
Something (whether we call it original meaning, original intentions, or original understandings) is fixed at the time of adoption or amendment of a constitution;2. [read post]
5 Jul 2012, 12:21 pm
Mandate opponents have adopted one narrative on this story. [read post]
20 May 2022, 8:31 am
They existed in various forms prior to the Constitution, and they have been used continuously since its adoption. [read post]
17 May 2010, 12:00 pm
I am probably less optimistic than Randy Barnett. [read post]
12 Apr 2016, 5:16 am
It seems crystal clear.Not so, according to Jonathan Barnett (USC) and Ted Sichelman (San Diego). [read post]
20 Jul 2011, 10:42 pm
Randy Barnett has tried to do that with a few broad amendments that I don't think have the needed focus. [read post]
19 Jul 2010, 6:58 am
At the Volokh Conspiracy, Randy Barnett (one of the first to question the constitutionality of the health care law) discusses the Obama Administration’s efforts to defend the individual insurance mandate as an exercise of Congress’s taxing power; he concludes that the implications of upholding the insurance mandate under that power “are so sweeping and dangerous that I doubt a majority of the Court would adopt” it. [read post]
18 Jun 2011, 10:22 am
Barnett, Carmack Waterhouse Professor of Legal Theory, Georgetown University Law Center, author of Restoring the Lost Constitution: The Presumption of Liberty [read post]
11 Feb 2014, 6:42 am
For now, I don't want to delve into the normative case for adopting the precedent principle as opposed to other principles of constitutional construction. [read post]
17 Aug 2007, 1:03 pm
Barry Barnett Happy Friday! [read post]
15 Feb 2008, 4:58 pm
Even Scalia has said he wouldn't support a pure originalism in Eighth Amendment cases (this is what triggered the whole "faint-hearted originalism" discussion with Randy Barnett and others). [read post]
26 Sep 2016, 11:14 am
It should also be noted that many circuits have adopted this reasoning, see Smith v. [read post]
26 Sep 2016, 11:14 am
It should also be noted that many circuits have adopted this reasoning, see Smith v. [read post]
26 Sep 2016, 11:14 am
It should also be noted that many circuits have adopted this reasoning, see Smith v. [read post]
2 Mar 2012, 1:35 pm
Barnett, "While the State failed, in the Tienda case, to use any of the methods articulated by the Maryland Court of Appeals, the CCA nonetheless held, that based on the circumstantial indicia of authenticity, the State created a prima facie case that would justify submitting the ultimate question of authenticity to the jury. [read post]
30 Jul 2020, 9:05 pm
If adopted, search engines and social media platforms would have to make formal disclosures about any practice that shapes internet traffic. [read post]
