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10 Jul 2012, 2:11 pm by Edward A. Fallone
  Randy Barnett breaks down, and criticizes, Justice Robert’s analysis under the Taxing Power in this post at The Volokh Conspiracy. [read post]
1 Feb 2015, 2:08 pm
And we know that Chief Justice Roberts (over Justice Kennedy’s objection, as well as that of Justices Scalia, Thomas and Alito) asserted the doctrine of judicial restraint to justify his “saving construction” that converted the individual insurance “requirement” enforced by a “penalty” into an option to buy insurance or pay a small noncoercive “tax. [read post]
8 Aug 2011, 8:04 am by Kurt Lash, guest-blogging
In a passage dismissing Randy Barnett’s claim that the framers ultimately rejected Resolution VI, Balkin writes:“[T]here is no evidence that the convention rejected the structural principle stated in Resolution VI at any point during its proceedings. [read post]
12 Feb 2018, 4:00 am by Josh Blackman
I can only speculate that Chief Justice John Roberts would have viewed the event similarly. [read post]
24 Jan 2023, 4:43 am by Emma Snell
Barnett faces up to 47 years in prison when he is sentenced in May, according to a spokesperson from the U.S. [read post]
12 Aug 2013, 8:40 am by Ilya Somin
The Health Care Case and Randy Barnett, et al. [read post]
17 Jul 2012, 5:50 am by JB
Barnett, Commandeering the People: Why the Individual Health Insurance Mandate is Unconstitutional, 5 N.Y.U. [read post]
15 Dec 2018, 5:15 pm by Josh Blackman
Seventh, in 2012, we had no idea what the Roberts Court would do with the ACA. [read post]
15 Feb 2012, 12:17 am by INFORRM
A new book on phone hacking has been published this month (disclosure: I’ve co-authored one of the chapters), The Phone Hacking Scandal: Journalism on Trial, edited by Richard Lance Keeble and John Mair (Arima 2012) and authors include Brian Cathcart, Glenda Cooper, Jackie Newton and Sallyann Duncan, Richard Peppiatt, Alan Rusbridger, John Tulloch, Steven Barnett, Stewart Purvis, Kevin Marsh, Nicholas Jones, John Lloyd and Chris Atkins. [read post]
22 Jun 2017, 9:30 pm by Sarah Madigan
” In a new paper, Kent Barnett, Associate Professor of Law at the University of Georgia School of Law, Christina L. [read post]
10 May 2020, 11:21 am by Josh Blackman
" Co-blogger Randy Barnett responded to Adrian, and warned about the risks of any non-originalist approach to the Constitution. [read post]
20 Apr 2016, 8:59 am by Eugene Volokh
The basis for these extraordinary sanctions was a series of Facebook posts written by Barnett’s husband, Chris Mangum. [read post]
19 Mar 2017, 8:57 am
Cambridge, MA: Harvard University Press, 1995.Barnett, Randy E. [read post]
7 Nov 2012, 11:04 am by John Lewis
” Given the dialogue, Chief Justice Roberts suggested a potential solution:  “We are having an elaborate discussion about whether or not this was a claim that was waived below. [read post]
10 Apr 2022, 6:00 am by Lawrence Solum
History of the Interpretation-Construction Distinction My impression is that many legal scholars believe that the interpretation-construction distinction was introduced by Keith Whittington and popularized by Randy Barnett as as part of the emergence of the "new originalism" in the late 1990s. [read post]