Search for: "Randy Barnett"
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6 Oct 2010, 4:41 pm
I also refer interested readers to Randy Barnett’s excellent analyses here and here. [read post]
19 Sep 2011, 12:05 pm
Many thanks to Eugene for the introduction and to Randy Barnett for the rave review.This past summer, the project was cited by the Third Circuit in a controversial executive detention case and discussed by the Seventh Circuit in an important gun rights case. [read post]
7 Feb 2010, 5:41 am
Introduction The dominant approaches to normative legal theory in the American legal academy converge on fairly robust role for the state and government subject to the constraints imposed by an equally robust set of individual rights. [read post]
7 Jun 2019, 6:30 am
There were, to be sure, some gadflies, such as Richard Epstein at the University of Chicago who denounced the New Deal in root and branch, as well as Gary Lawson and Randy Barnett, all of whom conveyed a distinctly libertarian sensibility. [read post]
5 Jan 2008, 7:56 am
Randy E, Barnett (Georgetown) is first and begins by discussing Gonzales v. [read post]
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]
16 May 2010, 5:47 am
(This is especially clear in the work of Keith Whittington and Randy Barnet [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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
