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5 Aug 2020, 6:30 am by Guest Blogger
For the Symposium on Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020).Amanda Hollis-BruskyTaking Back the Constitution is an ambitious book that covers a wide swath of territory in its attempt to explain, critique and offer alternatives to the contemporary Supreme Court and its constitutional agenda. [read post]
11 Jun 2025, 6:30 am by Guest Blogger
For the Balkinization symposium in honor of Ken Kersch Sanford Levinson Nothing I could write could add to Roger Smith’s wonderful tribute to a truly wonderful person, Ken Kersch. [read post]
31 May 2019, 6:00 am by Guest Blogger
  “The fact that this decision was apparently political, rather than legal, completely undermines its legitimacy as a precedent,” vented Randy Barnett, counsel for the Republican state officials who brought the case. [read post]
10 May 2013, 1:35 pm by Ronald Collins
The following is a series of questions posed by Ronald Collins on the occasion of the publication of Marcia Coyle’s The Roberts Court: The Struggle for the Constitution (Simon & Schuster, May 2013). [read post]
30 Aug 2011, 6:24 am by John Mikhail
In recent years, these ideas have been given renewed attention in work by Jack Rakove, Joseph Lynch, Jack Balkin, Kurt Lash, Robert Cooter & Neil Siegal, and many other writers, including my friend and colleague Randy Barnett. [read post]
20 Aug 2007, 2:25 am
I can think of at least two offhand-- Ahkil Amar and Randy Barnett-- for whom the distinction is quite relevant to their work.But in any case, my discussion has been with Matt. [read post]
8 Dec 2011, 2:55 pm by JB
This is a central claim of New Originalists like Randy Barnett, Larry Solum, and myself. [read post]
16 Jun 2025, 4:01 pm by Josh Blackman
[Justice Barrett compares the Constitution to Odysseus. [read post]
2 Aug 2012, 9:19 am by Charles Fried
  I had written about it; testified to the Senate Judiciary Committee; in three different fora debated Randy Barnett (the owner if not the inventor of the broccoli argument); was the counsel of record in an amicus brief for 104 health law professors; and in October 2010 in an interview on Greta Van Susteren’s Fox TV program offered to eat my hat on camera if the Court struck the Act down. [read post]
15 Aug 2018, 2:59 pm by Bridget Crawford
Below the fold are the results of the 2018-2019 Law Professor Twitter Census. [read post]
6 Feb 2015, 6:00 am by Bridget Crawford
Asay cdasay BYU Richard Ashcroft qmulbioethics Queen Mary London Jonathan Askin jaskin Brooklyn Lisa Austin Lisa_M_Austin Toronto Regina Austin raustin92913 Penn Ian Ayres iayres Yale Barbara Babcock bababcock Stanford Sandra Babcock sandralbabcock Cornell Sam Bagenstos sbagen Michigan Stephen Bainbridge ProfBainbridge UCLA Jeffrey Baker JRBProf Faulkner Jack Balkin jackbalkin Yale David Ball wdavidball Santa Clara Derek Bambauer dbambauer Arizona Jennifer Bankier jbankier Dalhousie John Banzhaf… [read post]
23 Jan 2015, 4:44 am by Bridget Crawford
Asay cdasay Penn State Dickinson Richard Ashcroft qmulbioethics Queen Mary London Jonathan Askin jaskin Brooklyn Lisa Austin Lisa_M_Austin Toronto Regina Austin raustin92913 Penn Ian Ayres iayres Yale Barbara Babcock bababcock Stanford Sandra Babcock sandralbabcock Cornell Sam Bagenstos sbagen Michigan Stephen Bainbridge ProfBainbridge UCLA Jeffrey Baker JRBProf Faulkner Jack Balkin jackbalkin Yale David Ball wdavidball Santa Clara Derek Bambauer dbambauer Arizona Jennifer Bankier jbankier Dalhousie… [read post]
25 Oct 2022, 6:30 am by Guest Blogger
For the Balkinization symposium on James E. [read post]
26 Oct 2017, 7:38 am by Andrew Koppelman
Has the National Book Award been corrupted by politics? [read post]
13 Aug 2019, 2:48 pm by Guest Blogger
Along with Randy Barnett, he has crafted perhaps the most sophisticated theory of originalism. [read post]
23 Jan 2016, 10:50 am by JB
(For example, Randy Barnett’s new book, Our Republican Constitution, identifies republicanism with representative government that secures natural rights. [read post]
4 Apr 2014, 8:12 am by John Mikhail
On November 3, 1790, the Virginia House of Delegates adopted a resolution condemning Secretary of Treasury Alexander Hamilton’s Funding Act of 1790. [read post]
13 Sep 2019, 7:25 am by Bridget Crawford
Below the fold are the results of the 2019-2020 Law Professor Twitter Census. [read post]
17 Sep 2020, 2:40 pm by Bridget Crawford
Below the fold are the results of the 2020-2021 Law Professor Twitter Census. [read post]