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18 Sep 2019, 3:54 am
At the Volokh Conspiracy, Josh Blackman announces the publication of “An Introduction to Constitutional Law: 100 Supreme Court Cases Everyone Should Know,” a “book and video series [that] teaches the narrative of constitutional law as it has developed over the past two centuries,” co-authored by Blackman and Randy Barnett. [read post]
5 Dec 2009, 1:16 pm
Kerr’s colleague at Volokh.com, the anarcho-libertarian legal theorist Randy Barnett, thinks Kerr’s points don’t hold up. . . . . [read post]
FROM JUSTICE ALITO, a "you lie" moment? "POLITICO's Kasie Hunt, who's in the House chamber, reports…
27 Jan 2010, 8:21 pm
Randy Barnett: In the history of the State of the Union has any President ever called out the Supreme Court by name, and egged on the Congress to jeer a Supreme Court decision, while the Justices were seated politely before him surrounded by hundreds [of] Congressmen? [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 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]
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]
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]
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]
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]
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]
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]
21 Jan 2014, 6:42 pm
*Hat Tip to Randy Barnett for the link.X-Posted: Concurring Opinions. [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]
10 Sep 2015, 8:00 am
”—Randy E. [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]
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]
Labels Matter: How Professor Jack Balkin Snookered Justice Kagan and Others to Fuel Faux Originalism
15 Sep 2021, 4:30 am
Randy Barnett and Josh Blackman, two well known academic originalists, wrote about Kagan's testimony in National Affairs, albeit with a more critical perspective. [read post]
11 Aug 2015, 2:55 pm
In particular, both Solum and Randy Barnett tend to highlight the importance of Paul Brest’s early article critiquing “originalism,” which, as they emphasize, was then a new term in constitutional theory. [read post]
15 Feb 2010, 5:59 am
I first learned of the interpretation-construction distinction via the work of Randy Barnett and later Keith Whittington. [read post]
