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29 Aug 2012, 5:30 pm by Ilya Somin
The other signatories include fellow VC-ers Randy Barnett and Sasha Volokh, as well as prominent scholars such as MIT economist Daron Acemoglu, Douglas Berman of Ohio State and the Sentencing Law and Policy Blog, Tom Ginsburg (University of Chicago Law School), and others. [read post]
2 Feb 2013, 5:13 pm by Alfred Brophy
 This got some attention back in 2008 when theNew York Times first posted on it and then ran commentary by a number of distinguished law professors -- like Pam Karlen, Akhil Amar, and Randy Barnett. [read post]
9 Apr 2012, 6:10 am by Marissa Miller
” Meanwhile, at the Volokh Conspiracy, Randy Barnett applauds the response to the President’s comments by the president of the American Bar Association. [read post]
27 Oct 2020, 4:34 am by SHG
Georgetown prawf Randy Barnett is the only voice against the cries for change. [read post]
24 Aug 2023, 6:00 am by Lawrence Solum
Despite vast scholarship by heavy hitters like Bernard Siegan and Randy Barnett and decades of public interest litigation with sympathetic facts, the Supreme Court refuses to consider the right to earn a living a “fundamental” right protected by the Due Process Clause. [read post]
2 Sep 2012, 3:02 pm by Lawrence Solum
Even if the coin toss came out the right way and the party that would have won in a fair trial did win the coin toss, the decision that resulted from the flip of a coin would be criticized as illegitimate.One important example of a reliability theory of legitimacy is found in Randy Barnett’s book, Restoring the Lost Constitution. [read post]
8 May 2011, 6:04 am by Lawrence Solum
Even if the coin toss came out the right way and the party that would have won in a fair trial did win the coin toss, the decision that resulted from the flip of a coin would be criticized as illegitimate.One important example of a reliability theory of legitimacy is found in Randy Barnett’s book, Restoring the Lost Constitution. [read post]
24 Jan 2010, 9:24 pm by Lawrence Solum
Even if the coin toss came out the right way and the party that would have won in a fair trial did win the coin toss, the decision that resulted from the flip of a coin would be criticized as illegitimate.One important example of a reliability theory of legitimacy is found in Randy Barnett’s book, Restoring the Lost Constitution. [read post]
18 May 2023, 5:01 am by Eugene Volokh
VC member Randy Barnett once helpfully organized five various originalist "models" about what the Ninth Amendment meant when it was adopted. [read post]
30 Jul 2020, 9:05 pm by Joshua Burd
The president of the Federation, Randi Weingarten, stated that if “authorities do not protect the safety and health” of educators, “nothing is off the table. [read post]
8 Jun 2025, 5:44 am by Lawrence Solum
Even if the coin toss came out the right way and the party that would have won in a fair trial did win the coin toss, the decision that resulted from the flip of a coin would be criticized as illegitimate.One important example of a reliability theory of legitimacy is found in Randy Barnett’s book, Restoring the Lost Constitution. [read post]
26 Jun 2012, 9:42 pm
First, there is law professor Randy Barnett, who blogs at the Volokh Conspiracy, but who teaches at Georgetown (not Notre Dame), and who has published work on the Ninth (not Nineteenth) Amendment, as well as writing and speaking extensively in opposition to the universal mandate. [read post]
30 Nov 2011, 5:55 am by JB
Adopting his thesis makes sense if you believe that originalism is required by the rule of law (Barnett, me), by the benefits of supermajority procedures (McGinnis and Rappaport), as a framework for politics and constitutional construction (me), as a requirement of democratic legitimacy (Whittington, Bork, me), or as a basis for judicial restraint (Bork, Scalia, and many others).By contrast, Gerard's stipulation about who is engaged in originalist interpretation not only leaves people… [read post]
1 Apr 2012, 6:37 pm by Ilya Somin
., Ilya Somin, Jonathan Adler, David Bernstein, David Kopel and Randy Barnett are engaging in victory lap devoted to the proposition “We were right and you were wrong, and the fact that you didn’t predict our being right demonstrates that you are particularly close-minded. [read post]
23 Sep 2009, 5:08 am
 Randy Barnett believes that the Court will ignore the black-letter Constitution when deciding if the reform is “constitutional” and calls for a return to judicial interpretation of the original document, not the Constitution as “[one thinks it] out to be. [read post]
27 Jun 2011, 6:38 am by James Bickford
  At the Volokh Conspiracy, Randy Barnett writes that “activists have moved from impugning the character of conservative Supreme Court nominees to delegitimating them as sitting justices. [read post]
20 May 2022, 7:15 am by Lawrence Solum
On the one hand, Justice Thomas and scholars such as Richard Epstein and Randy Barnett have contended that the Supreme Court from 1836–1936 correctly interpreted the CC as authorizing Congress to regulate as “commerce” only the sale or transportation of goods. [read post]
6 Nov 2009, 7:10 am
Also at Volokh, Randy Barnett previews an upcoming panel hosted by the Georgetown Law Journal on McDonald v. [read post]
22 Apr 2012, 8:50 pm by J. Gordon Hylton
During my first year of law teaching, I also benefitted enormously from the opportunity to engage in regular conversations about legal education with my new colleagues Ralph Brill and Randy Barnett. [read post]