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30 Apr 2023, 6:00 am by Lawrence Solum
For example, Randy Barnett has argued that the test for constitutional legitimacy is whether the constitution provides adequate guarantees of just outcomes (for Barnett, the protection of individual liberty). [read post]
10 Apr 2023, 5:00 am by Josh Blackman
But probably even without ingesting the wisdom of Professors Barnett and Blackman, ChatGPT could have done decently on that softball. [read post]
4 Feb 2023, 3:57 pm by Ilya Somin
I recognize and adopt no narrow basis for my thoughts, feelings, or modes of action. [read post]
2 Feb 2023, 6:30 am by John Mikhail
Danielle Allen, Akhil Amar, Randy Barnett, Charles Barzun, William Ewald, Jonathan Gienapp, Aaron Knapp, Maeva Marcus, Michael McConnell, Eric Nelson, Nicholas Pedersen, Emily Sneff, William Treanor, Derek Webb, Jesse Wegman, and John Witt are among those who have written extensively on Wilson, or who are writing books on him or in which he plays a major role. [read post]
23 Jan 2023, 7:30 am by Guest Blogger
Ironically, today’s vociferous critics of the Constitution and the Framers have adopted the views of the justly maligned Roger Taney. [read post]
13 Jan 2023, 6:30 am by Guest Blogger
”  Randy Barnett and Gary Lawson were among the first to adopt uncompromisingly originalist positions. [read post]
12 Jan 2023, 7:17 am by Daniel Gilman
My ICLE colleagues Dirk Auer, Brian Albrecht, and Jonathan Barnett did too, among others. [read post]
9 Jan 2023, 5:33 pm by Elaine Hou
Since the Supreme Court is moving away from relying on Chevron and finding ambiguity, the Court should either overrule Chevron or at least formally adopt Justice Kavanaugh’s test in a majority opinion, thus providing clear guidance to the circuit courts. [read post]
7 Dec 2022, 2:41 pm by Alden Abbott
Late last month, 25 former judges and government officials, legal academics and economists who are experts in antitrust and intellectual property law submitted a letter to Assistant Attorney General Jonathan Kanter in support of the U.S. [read post]
20 Nov 2022, 9:55 am by David Kopel
The brief was on behalf of Professors of Second Amendment Law (including VC's Randy Barnett), Cato Institute, John Locke Foundation, Center to Keep and Bear Arms (Mountain States Legal Foundation), and Independence Institute. [read post]
18 Nov 2022, 9:23 am by Daniel Gilman
… In the statement …the agency has now adopted this “just trust us” approach as a permanent operating principle. [read post]
25 Oct 2022, 6:30 am by Guest Blogger
”             Building on Harlan’s central insight, Fleming offers a painstaking analysis of what might be called the “canon” of cases, going back to the 1920’s, that find various libertarian protections in the Due Process Clause and create what John Hart Ely labeled the oxymoronic doctrine of “substantive due process” (as distinguished from a theory that would ask only if limitations on basic… [read post]
29 Aug 2022, 5:00 am by The Petrie-Flom Center Staff
By Victoria Kalumbi Despite pediatric COVID-19 vaccine availability, many youth remain unvaccinated, and are thus at higher risk of life-altering outcomes as a result of contracting COVID-19.[1] Some children may be unvaccinated by no choice of their own, but instead because of decisions made by parents, guardians, or state or local government officials. [read post]