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10 Apr 2022, 6:00 am by Lawrence Solum
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 by Lawrence Solum
Randy Barnett  and Keith Whittington  have played prominent roles in the development of the “New Originalism. [read post]
7 May 2023, 6:00 am by Lawrence Solum
Randy Barnett  and Keith Whittington  have pla [read post]
19 Feb 2012, 8:55 pm by Lawrence Solum
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]
29 Nov 2011, 8:15 pm by JB
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]
25 Apr 2016, 2:56 am by Amy Howe
” 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]
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]
19 Feb 2010, 9:05 am by Lawrence Solum
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]
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]
14 Dec 2017, 9:55 pm by Dan Flynn
” 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]
23 Mar 2010, 1:38 pm by Sandy Levinson
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]
7 Nov 2022, 7:24 am by Josh Blackman
Randy Barnett and I are proud to announce that the Second Edition of our best-selling book is now available for pre-order. [read post]
12 Jun 2018, 9:01 pm by Michael C. Dorf
On Monday evening, I had the pleasure to debate Georgetown Law Professor Randy Barnett on the question whether “the U.S. [read post]
21 Jan 2022, 11:21 am by Josh Blackman
Georgetown Law Professor Randy Barnett, the Center's faculty director, commented: "Ilya is a highly influential brief writer, an expert on the history of Supreme Court nominations, and one of the premier public commentators on constitutional law. [read post]