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31 Jul 2008, 2:00 pm
Must reading for all law profs - the NY Times has published eight of the exams (scroll to bottom of link) given by Barack Obama while he was teaching at the University of Chicago Law School, together with two sample answers, one course syllabus, and commentary by Akhil Amar, Randy Barnett, John Eastman, and Pam Karlan (all at the same link). [read post]
22 Jun 2011, 8:12 pm
(Randy Barnett) I finally got around to watching Richard Brookhiser’s film on PBS about the life of Alexander Hamilton. [read post]
16 May 2012, 6:18 am
(Randy Barnett) One of the crucial hallmarks of the so-called New Originalism is the recognition that there is a difference between two types of activities: the activity of interpretation and the activity of construction. [read post]
14 Mar 2012, 7:48 pm
He cites several conservative and libertarian legal commentators who oppose federal tort reform on constitutional grounds, including myself and co-blogger Randy Barnett. [read post]
27 May 2012, 9:22 am
(Randy Barnett) In today’s Washington Post: In one of his characteristic conniptions about people who frustrated him, Theodore Roosevelt, progressivism’s first president, said of Justice Oliver Wendell Holmes, “I could carve out of a banana a judge with more backbone than that. [read post]
25 Sep 2010, 8:30 pm
Barnett. [read post]
28 Feb 2012, 11:26 am
(Randy Barnett) Many polls have shown that the Affordable Care Act remains unpopular. [read post]
6 May 2012, 2:40 pm
(Randy Barnett) Matt Welch has a nice essay on Reason.com, Why Big Government Is Offensive: The faster the state expands, the more likely it is to violate your values. [read post]
22 Apr 2012, 9:00 am
(Randy Barnett) Columbia law professor Philip Hamburger passes along this response to the latest New Republic post by Harvard law professor Einer Elhauge: During the past two weeks, Einer Elhauge has attempted to establish the constitutionality of the ACA on the basis of history. [read post]
4 Jul 2012, 5:25 am
(Randy Barnett) [From the next edition of my casebook, Constitutional Law: Cases in Context:] When reading the Declaration, it is worth keeping in mind two very important facts. [read post]
14 Apr 2010, 11:24 am
Randy Barnett is not just a great scholar; he's also a great lawyer. [read post]
1 Feb 2023, 4:30 am
One such effort is a recent article by two of the country's most prominent academic originalists--Professors Randy Barnett and Lawrence Solum. [read post]
1 Jul 2012, 3:40 pm
” [emphasis added] I disagree with Randy on this. [read post]
30 Jul 2007, 4:00 am
It was a treat merely to be on a roundtable panel with Larry Solum, Randy Barnett, Ekow Yankah, and our moderator, Dennis Patterson, as I've mentioned, to discuss the new formalism. [read post]
14 Dec 2010, 7:54 am
(Randy Barnett) My friend, University of Illinois law professor Kurt Lash, has written a comment on yesterday’s decision by Judge Hudson that was inspired by Orin’s critique. [read post]
22 Apr 2012, 8:52 am
(Randy Barnett) Einer Elhauge has kindly written to tell me about his new reply in The New Republic on-line to Philip Hamburger’s critique, which appeared here on the Volokh Conspiracy, of his earlier claim that there were historical precedents for the individual insurance mandate: Since I wrote last week about the remarkable eighteenth-century precedents for a health insurance mandate, several supporters of the challenge to Obamacare have attempted to downplay the… [read post]
28 Aug 2010, 7:29 am
(Randy Barnett) The business section of today’s Wall Street Journal features a lengthy profile of GMU economics professor Peter Boettke. [read post]
22 Jan 2012, 12:00 pm
(Randy Barnett) Much of the difference of opinion over the constitutionality of the individual insurance mandate turns on a difference of opinion about the appropriate baseline for evaluating Congressional power. [read post]
26 Dec 2010, 6:55 pm
(Randy Barnett) My new op-ed in Monday’s Wall Street Journal with Mercer law professor David Oedel, ObamaCare and the General Welfare Clause, explains why the new Medicaid mandates imposed on the states suffer from the same General Welfare Clause problem as did the Cornhusker Kickback:Remember the Cornhusker Kickback? [read post]
13 May 2011, 11:59 am
(See Randy Barnett's report of the exchange here.)Katyal said he needed a bit of time to think about it, but ultimately said two things: first, the individual mandate regulates activity in the entire health care market; and second, Congress can reach inactivity under the Necessary and Proper Clause. [read post]
