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10 Apr 2023, 5:00 am
I fed in a 400-page book from Conspirators Randy Barnett and Josh Blackman: "An Introduction to Constitutional Law: 100+ Supreme Court Cases Everyone Should Know. [read post]
25 Jul 2022, 4:30 am
That is the precise reason why originalist scholars like Solum, Randy Barnett, and most New Originalists argue that known expected applications are not binding if "beliefs about facts" change. [read post]
18 Dec 2014, 2:35 pm
Mark Greenberg and Harry Littman made this argument in 1998; a year later Randy Barnett made a similar move, as did Kim Roosevelt in 2006; and of course, Ronald Dworkin's notion of semantic originalism made the point even earlier still. [read post]
4 Oct 2015, 7:29 am
Randy Barnett takes this position in Restoring the Lost Constitution and it comes into especially sharp relief in John McGinnis and Michael Rappaport’s recent book Originalism and the Good Constitution. [read post]
8 Apr 2024, 4:00 am
"Professor Solum, along with Professor Randy Barnett, has also commented on the role of history and tradition in some of the Court's recent cases. [read post]
11 Jul 2016, 5:00 am
This model is largely consistent with the post-New Deal approach to federalism, and indeed, it mostly takes that approach as a starting point and asks what federalism means in our current legal world.The New Nationalism is not, in other words, an attempt to turn back the clock to an older vision of dual federalism along the lines of classical liberals like Richard Epstein or Randy Barnett. [read post]
5 Mar 2018, 6:50 am
Randy Barnett has argued that an originalist judge like Justice Scalia should not have taken certain positions in commerce clause cases, and so on. [read post]
5 Mar 2018, 6:50 am
Randy Barnett has argued that an originalist judge like Justice Scalia should not have taken certain positions in commerce clause cases, and so on. [read post]
22 Sep 2020, 6:30 am
His readings of Herbert Weschler, Alexander Bickel & John Hart Ely, Justice Frankfurter, the varieties of originalism in its numerous iterations, John Roberts, Bruce Ackerman, Randy Barnett, and more, compellingly situates them in terms of this set of dynamic orbiting developmental trajectories. [read post]
6 Jun 2019, 6:30 am
I would also relish the opportunity to engage in extended exchanges with my friend Randy Barnett, who titled his own book The Republican Constitution in part as a reply to my own insistence about ours being an “undemocratic Constitution. [read post]
16 May 2010, 5:47 am
(This is especially clear in the work of Keith Whittington and Randy Barnet [read post]
28 Mar 2010, 1:22 pm
Finally, Rick argues that libertarians may be “insincere” in supporting federalism (though interestingly he doesn’t condemn this supposed insincerity): Finally, it just might be that the libertarians are insincere about federalism: While Randy [Barnett] and Co. find it a convenient way of limiting one level of government, they do not ultimately want to defend a federal system with robust subnational jurisdictions but rather intend to suppress the states with some… [read post]
21 Aug 2011, 3:54 pm
Introduction Every law student learns that the relationship of a legal text to the resolution of a particular case can be complex. [read post]
8 Feb 2009, 7:55 am
(This is especially clear in the work of Keith Whittington and Randy Barnett.) [read post]
27 Jun 2017, 12:49 pm
Murray’s book is further instructive as he relies on the scholarship of academic originalists such as Randy Barnett, Michael Greve, and Gary Lawson (271, 272, 278, 279, 285) and libertarian law professor Richard Epstein, (285, 286) to construct his argument. [read post]
12 Feb 2012, 2:16 pm
For example, Randy Barnett has argued that the test for constitutional legitimacy is whether the constitution provides adequate guarantees of just outcomes (for Barnett, the protection of individual liberty). [read post]
25 Jun 2012, 12:07 am
La Corte le ha dedicado especial interés a la teoría de un constitucionalista (y alguna vez abogado litigante ante sus estrados) llamado Randy Barnett (paper aca en pdf), según la cual la cláusula de comercio permite regular la "actividad" económica pero no una "inactividad" como sería la no contratación de seguros. [read post]
24 Oct 2010, 5:27 am
For example, Randy Barnett has argued that the test for constitutional legitimacy is whether the constitution provides adequate guarantees of just outcomes (for Barnett, the protection of individual liberty). [read post]
12 Jul 2009, 2:36 am
For example, Randy Barnett has argued that the test for constitutional legitimacy is whether the constitution provides adequate guarantees of just outcomes (for Barnett, the protection of individual liberty). [read post]
21 Mar 2012, 3:00 am
My colleague Randy Barnett—co-counsel for the individual respondents—has helpfully published a recent post in which he elaborates upon some of the respondents’ arguments against the constitutionality of the insurance-maintenance provision of the ACA, section 5000A; so I thought I’d take this occasion to provide a few reactions to those arguments, and to more fully explain how the issues have been teed up to the Court. [read post]
