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5 Apr 2011, 10:17 am
Noted are contributions from the following, among others: from the old days: Samuel Williston, Arthur Corbin, Lon Fuller, Grant Gilmore; in more recent times: Allan Farnsworth, Charles Knapp, Karl Klare, Ian Macneil, Stewart Macaulay, Lenora Ledwon, Amy Kastely, Deborah Waire Post, Nancy Ota, Douglas Leslie, Robert Summers, Robert Hillman, Randy Barnett; and on law books and legal education generally: Paul Caron, Michael Kelly, Matthew Bodie, Bruce Kimball, Kellye Testy, Edward… [read post]
15 Nov 2011, 4:16 pm
(That provision has greatly animated Tea Party activists and riled Georgetown University law school professor Randy Barnett, who loudly proclaims that the Obama administration has no limiting principle – if it can force us to purchase health care coverage, then the federal government’s power is boundless, and soon it will mandate the purchasing of broccoli and gym memberships.) [read post]
21 May 2011, 1:38 pm
The Limits of Non-consequentialism in Contract Theory" Randy Barnett (Georgetown), "Contract is Not Promise; Contract is Consent" Jean Braucher (Arizona), "The Sacred and the Profane Contract Machine: The Complex Morality of Contract Law in Action" Gregory Klass (Georgetown), “Promises, Etc. [read post]
28 Jan 2010, 10:57 am
., Calvin Massey, Randy Barnett, Ann Althouse; from the right, e.g., Eric Muller, Jack Balkin (who adds a historical perspective), and Norman Williams' comments here. [read post]
22 Apr 2011, 9:27 pm
The symposium includes contributions by well-known constitutional law scholars such as co-blogger Randy Barnett, Jared Goldstein, and Sanford Levinson. [read post]
8 Nov 2019, 2:59 am
Murphy; earlier on surprise plain meaning] “An Introduction to Constitutional Law: 100 Supreme Court Cases Everyone Should Know” [new book by Randy Barnett and Josh Blackman; described here, and discussed in this Cato video] Tags: Cato Institute, constitutional law, guns, Indian tribes, Oklahoma, Supreme Court [read post]
27 Mar 2010, 7:25 am
Randy Barnett et al. and Ilya Somin argue otherwise, but they overlook the necessary and proper clause. [read post]
14 Jan 2007, 9:03 pm
Second, Randy Barnett (along with Richard Epstein, the leading figure in libertarian legal theory) embraced originalism in an influential article entitled An Originalism for Nonoriginalists. [read post]
14 Nov 2018, 4:07 pm
Most other originalists, however, such as [Randy] Barnett and Paulsen, argue that their own originalism theories are mostly normative, not descriptive..... [read post]
10 Sep 2015, 8:00 am
”—Randy E. [read post]
20 Sep 2017, 10:00 am
While at least three others (Randy Barnett, Jenn Mascott, and Joel Hood) have done corpus linguistics-like analysis in constitutional interpretation, none have used all of the tools of a corpus (collocation, clusters/n-grams, frequency data, and concordance lines) and used a sufficiently large and representative corpus of the relevant time period—here the underlying data of the soon-to-be released Corpus of Founding Era American English (COFEA)—to make confident… [read post]
21 Jan 2014, 6:42 pm
*Hat Tip to Randy Barnett for the link.X-Posted: Concurring Opinions. [read post]
27 Sep 2017, 9:21 am
While at least three others (Randy Barnett, Jenn Mascott, and Joel Hood) have done corpus linguistics-like analysis in constitutional interpretation, none have used all of the tools of a corpus (collocation, clusters/n-grams, frequency data, and concordance lines) and used a sufficiently large and representative corpus of the relevant time period—here the underlying data of the soon-to-be released Corpus of Founding Era American English (COFEA)—to make confident… [read post]
5 Jun 2018, 9:20 am
But where issues are truly important, precedential "reasoning" has relatively little to be said for it If I shared Randy Barnett's, Richard Epstein's, or Clarence Thomas's views of constitutional meaning and, more importantly, what constituted the most desirable kind of polity, then I would have no particular commitment to maintaining New Deal precedents in all of their glory. [read post]
27 Sep 2017, 9:21 am
While at least three others (Randy Barnett, Jenn Mascott, and Joel Hood) have done corpus linguistics-like analysis in constitutional interpretation, none have used all of the tools of a corpus (collocation, clusters/n-grams, frequency data, and concordance lines) and used a sufficiently large and representative corpus of the relevant time period—here the underlying data of the soon-to-be released Corpus of Founding Era American English (COFEA)—to make confident… [read post]
11 Feb 2013, 2:22 pm
But where are the leading conservative constitutional thinkers on this – Mike McConnell, Eugene Volokh, Randy Barnett, Gary Lawson, and Steve Calabresi? [read post]
14 Aug 2018, 8:15 pm
Here are the scores for the top 10 regular VC contributors who are tenured law professors themselves (I apologize if I have inadvertently missed someone): Orin Kerr: 1316 Eugene Volokh: 1280 Randy Barnett: 1064 Jonathan H. [read post]
10 Sep 2018, 5:56 pm
Their position does not rise or fall with the practice of the Marshall Court, but that Court’s practice is certainly relevant to Baude’s empirical claim that originalism is what courts do and that originalism always wins out in a clash of interpretive modalities.Finally, some originalist writings are tinged with nostalgia, reflected in titles like Randy Barnett’s Restoring the Lost Constitution or Robert Bork’s Slouching Towards Gomorrah. [read post]
18 Dec 2018, 11:20 am
(Several commentators, including Neal Katyal, Randy Barnett, and Jeffrey Rosen, noticed close similarities in the analysis, citations, and rhetoric between our article and the majority opinion of Chief Justice Roberts.) [read post]
17 Aug 2015, 11:22 am
More to the point is Randy Barnett’s often-quoted comment to the effect that the new originalist inquiry is distinct from the kind of inquiries historians pursue. [read post]
