Search for: "Matter of Barnette"
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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]
20 Jul 2022, 12:59 pm
It's a matter of policy. [read post]
15 Jul 2022, 12:23 pm
(Our colleague responded that what matters is the principle, not the technology available at any one time). [read post]
8 Jul 2022, 4:00 am
This disclosure was a serious matter on its own terms, but it also suggested a major conflict-of-interest. [read post]
27 Jun 2022, 2:00 pm
Barnett is the Patrick Hotung professor of constitutional law at the Georgetown University Law Center and the faculty director of the Georgetown Center for the Constitution. [read post]
21 Jun 2022, 6:30 am
My “contextualist” study of all relevant eighteenth-century linguistic and legal sources revealed the ICC’s original meaning to ordinary readers, its drafters’ intent, and its ratifiers’ understanding.[15]First, Congress could regulate “commerce” – the voluntary sale of goods and services and accompanying activities intended for the market – but not purely cultural, moral, and social matters.[16]Second, such “commerce” had to… [read post]
15 Jun 2022, 11:09 am
After all, as Kent Barnett and I documented in our study of Chevron deference in the circuit courts, there may be “a Chevron Supreme” and “a Chevron Regular. [read post]
8 Jun 2022, 9:01 pm
Do any of the differences between the way Brown, Parrish, and Barnett overruled precedent and the way you’ll do it matter? [read post]
25 May 2022, 1:33 pm
Barnett (Voting Rights - Registration; National Voter Registration Act) State Courts Bulletin https://www.narf.org/nill/bulletins/state/2022.html State of Montana v. [read post]
24 May 2022, 4:00 am
What all of that means is that this form of originalism (without super-strong deference) is indistinguishable from living constitutionalism, or for that matter common good constitutionalism. [read post]
23 May 2022, 3:00 pm
It became a central election pledge of then incoming Premier Colin Barnett. [read post]
23 May 2022, 3:00 pm
It became a central election pledge of then incoming Premier Colin Barnett. [read post]
22 May 2022, 9:41 am
Barnette, Wooley v. [read post]
20 May 2022, 1:56 pm
Randy Barnett and the Commerce Clause Koppelman takes aim a [read post]
20 May 2022, 7:15 am
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]
3 May 2022, 11:54 am
Barnette (1943). [read post]
3 May 2022, 9:52 am
Barnett, 245 N.C. [read post]
2 May 2022, 1:48 pm
Barnett of USC Gould School of Law. [read post]
2 May 2022, 1:48 pm
It is the competitive process, not the fortunes of particular competitors, that matters. [read post]
2 May 2022, 4:30 am
Similarly, the originalist methodologies favored by Professor Randy Barnett, with a fairly large "construction zone" informed by Barnett's libertarian values, provide judges enormous flexibility to inject their own values into the law. [read post]
