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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]
2 Oct 2022, 7:00 am
Randy E. [read post]
28 Jul 2024, 6:00 am
Randy E. [read post]
10 Apr 2022, 6:00 am
History of the Interpretation-Construction Distinction My impression is that many legal scholars believe that the interpretation-construction distinction was introduced by Keith Whittington and popularized by Randy Barnett as as part of the emergence of the "new originalism" in the late 1990s. [read post]
31 Oct 2010, 12:30 pm
Randy Barnett and Keith Whittington have played prominent roles in the development of the “New Originalism. [read post]
16 Mar 2008, 10:41 am
Randy Barnett and Keith Whittington have played prominent roles in the development of the "New Originalism. [read post]
19 Feb 2012, 8:55 pm
Randy Barnett and Keith Whittington have played prominent roles in the development of the “New Originalism. [read post]
7 May 2023, 6:00 am
Randy Barnett and Keith Whittington have pla [read post]
9 Jan 2024, 12:05 pm
I thought this item from Prof. [read post]
29 Nov 2011, 8:15 pm
Suppose it turns out that somebody--let's call him Randy Barnett--rethinks the theory of originalism and comes up with a version that has surprising results, which he then insists is a better version of originalism than the ones currently on offer, and he then argues that other originalists should adopt it. [read post]
13 Nov 2009, 12:19 pm
Indeed, as a superb friend of the court brief filed in the case by Georgetown law professor Randy Barnett makes clear, "However well intentioned Congress may have been, it had no power to legislate for the purpose of protecting the public from dangerous persons....The Necessary and Proper Clause is not an independent source of Congressional power. [read post]
25 Apr 2016, 2:56 am
” Last week Randy Barnett and Robert Percival discussed (video) Barnett’s new book, The Republican Constitution, including the reaction by conservatives to the nomination of Chief Judge Merrick Garland to succeed Justice Antonin Scalia. [read post]
19 Feb 2010, 9:05 am
In recent years, originalists ranging from Jack Balkin to Keith Whittington to Randy Barnett have argued in varying fashion that an originalist interpretive approach follows logically from "our commitment to a written constitution. [read post]
14 Dec 2017, 9:55 pm
” Rottenberg met with congressional staff about Netherlands egg products and with Randy Russell of the Russell Group about Codex issues, both on Nov. 16. [read post]
24 Aug 2006, 5:31 am
UPDATE: Both Randy Barnett and Larry Solum have graciously recommended this piece, and in return I want to thank both of them for the influence they have had on my thinking on these questions. [read post]
1 Jun 2016, 2:48 am
Randy Barnett of Georgetown (a colleague of mine). [read post]
23 Mar 2010, 1:38 pm
I don’t see how one can easily extrapolate from Citizens United to a willingness to enlist in Randy Barnett’s campaign in behalf of a thoroughly tendentious “fundamental values” theory of the Constitution. [read post]
4 Nov 2009, 8:17 am
The right to earn an honest living in the lawful occupation of your choice was among the first unenumerated rights the Supreme Court recognized and that right has an undeniable basis in the Privileges or Immunities Clause of the Fourteenth Amendment (see Randy Barnett's outstanding scholarship). [read post]
