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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]
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]
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]
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]
29 May 2009, 8:10 am
Mark S. [read post]
12 Aug 2011, 1:42 pm
Not only has Balkin failed to rebut Randy Barnett, he has relied upon a reference to Roger Sherman’s principle which was expressly rejected by the convention. [read post]
21 May 2018, 2:46 am
And Georgetown Law professor Randy Barnett, who argued a major case about marijuana at the Supreme Court, Raich v Gonzales, said on his Twitter account that “this is entirely different than Raich, which did not authorize Congress to tell California what its medical marijuana policy must be. [read post]
30 Mar 2012, 8:53 am
Many of the legal academics who ridiculed Randy Barnett’s work on the mandate, and who were relied upon by legal journalists and commentators, thought their schools were advancing viable legal claims in Rumsfeld v. [read post]
30 May 2025, 1:08 pm
If you watch, you'll see it was an early version of the 100 Cases book I published years later with Randy Barnett. [read post]
16 Jul 2012, 12:30 am
(Notably, the leading academic proponent of the activity/inactivity distinction that prevailed in the Commerce Clause portion of the ACA Case, Randy Barnett, strongly favors unenumerated rights as well.) 2) Judicially enforce the unenumerated rights but not the limits on the enumerated powers of Congress. [read post]
23 Jul 2022, 7:35 am
As my co-bloggers Eugene Volokh and Randy Barnett (both Second Amendment experts and longtime gun rights advocates), have explained, Bruen still permits a wide range of gun regulations and the boundaries of the right it protects are often fuzzy. [read post]
27 Nov 2006, 12:42 pm
For more on the distinction between original meaning and original intentions, see:Legal Theory Lexicon 019: Originalism Randy Barnett, An Originalism for Nonoriginalists Jack Balkin, Abortion and Original MeaningOn a personal note, it was a thrill hearing from Dean Bennett--who holds the Nathaniel L. [read post]
6 Jul 2012, 7:12 am
Further general reporting on the substantive aspects of the decision comes from CNN, and commentary comes from Randy Barnett at The Volokh Conspiracy, in an analysis of the “unprecedented uniqueness” of the Chief Justice’s opinion. [read post]
4 May 2017, 11:09 am
This is of course in line with the scholarship of George Mason's David Bernstein and prominent originalist Randy Barnett. [read post]
15 Jul 2022, 12:23 pm
At oral argument, he asked Georgetown Law Professor Randy Barnett, to imagine that a person: You know, he grows heroin, cocaine, tomatoes that are going to have genomes in them that could, at some point, lead to tomato children that will eventually affect Boston. [read post]
29 Apr 2011, 8:37 am
Barnett, Omri Ben-Shahar, Henry N. [read post]
29 Jan 2010, 7:54 am
And Georgetown law professor Randy Barnett suggests, in this Wall Street Journal opinion piece, that because the Justices attend the address as a courtesy to the President, Obama may owe them an apology. [read post]
31 Jul 2018, 4:17 am
” At Reason’s Volokh Conspiracy blog, Randy Barnett adds that “[w]hat will matter a great deal to me is that he affirms at his hearings–readily and without apology–that he is a public meaning originalist. [read post]
18 May 2010, 7:50 am
” Finally, Randy Barnett examines how the Court’s analysis might affect future constitutional challenges to the individual health insurance mandate. [read post]
