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16 Sep 2010, 3:00 am
(Randy Barnett) William Howell, the Speaker of the Virginia House of Delegates, and I have an op-ed in today’s Wall Street Journal making the case for a constitutional amendment giving 2/3 of state legislatures the power to repeal any federal law or regulation. [read post]
12 May 2011, 11:23 am
(Orin Kerr) In their posts below, both Jonathan Adler and Randy Barnett suggest that it’s okay for the proposed activity/inactivity distinction to be unclear because the “actus reus” distinction has been unclear for a long time and the world hasn’t ended. [read post]
14 Oct 2010, 7:00 am
Among the signers are six of the Volokh Conspirators — Jonathan Adler, Randy Barnett, David Bernstein, David Post, Sasha Volokh, and myself. [read post]
11 Feb 2011, 10:01 pm
Perhaps Justice Scalia will someday extend this theory to include the power to regulate inactivity (or to mandate that persons engage in economic activity) when doing so is essential to a broader regulatory scheme, and it will be adopted by five justices. [read post]
4 Jul 2022, 5:26 am
The adoption of the Declaration, and the public affirmation of its principles, led directly to the abolition of slavery in half of the United States by the time the Constitution was drafted just 11 years later. [read post]
4 Jul 2024, 7:13 am
[It officially adopted the American Theory of Government: First Come Rights; Then Comes Government to Secure These Rights.] [read post]
4 Jul 2023, 6:57 am
The adoption of the Declaration, and the public affirmation of its principles, led directly to the phased in abolition of slavery in half of the United States by the time the Constitution was drafted–as well as the abolition of slavery in the Northwest Territory. [read post]
20 May 2012, 2:05 pm
(Randy Barnett) If the Supreme Court invalidates the individual insurance mandate, it need not call into question any other law that has ever been passed in the history of the United States. [read post]
14 Dec 2015, 9:15 am
Thomas Yahola, Pete Beaver, Johnnie Greene, David Nichols, Dode Barnett, Joyce Deere, Frank Coachman, Mark Randolph, Lucian Tiger, David Hill, Robert Hufft, James Jennings and Adam Jones co-sponsored the legislation. [read post]
4 Sep 2007, 4:26 pm
Barry Barnett Our feed so loves technology. [read post]
7 Jun 2011, 7:50 am
(Randy Barnett) My Washington Examiner column this morning concludes by briefly addressing an odd objection I hear on occasion. [read post]
29 Aug 2011, 8:40 pm
(Randy Barnett) I have been working on a new edition of my constitutional law casebook and traveling this summer, so have not had time for much blogging. [read post]
10 Nov 2023, 6:30 am
Llewellyn, Fenwick & West LLP, on Tuesday, November 7, 2023 Tags: Board of Directors, Institutional Investors, Proxy season, Say on pay SEC Adopts Amendments to Beneficial Ownership Reporting Rules Posted by Eric Orsic, Thomas Conaghan, and Heidi Steele, McDermott Will & Emery LLP, on Wednesday, November 8, 2023 Tags: Beneficial Ownership, Exchange Act, SEC, Sections 13 Remarks by Commissioner Uyeda at the Practicing Law Institute’s 55th Annual Institute on Securities… [read post]
23 May 2012, 8:03 am
(Randy Barnett) President Obama’s two statements urging the Supreme Court to uphold the Affordable Care Act came the week after the vote was presumably taken by the justices in conference. [read post]
3 Oct 2011, 7:36 pm
(Randy Barnett) Like David, I too was invited to contribute to the new Scotusblog Community on the question of what the Supreme Court should do with the Affordable Care Act. [read post]
10 Nov 2023, 6:30 am
Llewellyn, Fenwick & West LLP, on Tuesday, November 7, 2023 Tags: Board of Directors, Institutional Investors, Proxy season, Say on pay SEC Adopts Amendments to Beneficial Ownership Reporting Rules Posted by Eric Orsic, Thomas Conaghan, and Heidi Steele, McDermott Will & Emery LLP, on Wednesday, November 8, 2023 Tags: Beneficial Ownership, Exchange Act, SEC, Sections 13 Remarks by Commissioner Uyeda at the Practicing Law Institute’s 55th Annual Institute on Securities… [read post]
6 Jul 2012, 10:56 am
” In other words, I believe they would have adopted something like the Balkin view of the tax power and upheld the Act. [read post]
26 Jun 2013, 12:37 pm
By adopting this federalism approach to identifying protected liberty, however, states remain free to continue deciding the marriage question. [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]
28 Jan 2010, 8:37 am
Randy Barnett is shocked, shocked that Obama would spend a paragraph of his State of the Union Address criticizing the Supreme Court's recent decision in Citizens United. [read post]
