Search for: "Adoption of Barnett"
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11 Feb 2019, 3:42 pm
" Thus, the assignment asked the students to identify the tenets of Islam, but did not suggest that a student should adopt those beliefs as her own.... [read post]
7 Feb 2019, 12:01 am
Barnett, “The People or the State? [read post]
16 Jan 2019, 5:15 pm
” Kagan summarized the discussion near the end of Barnette’s presentation, explaining: Mr. [read post]
28 Dec 2018, 12:01 am
Barnette (319 U.S. 624). [read post]
25 Dec 2018, 9:30 pm
Judge Kavanaugh, Chevron Deference, and the Supreme Court September 3, 2018 | Kent Barnett, University of Georgia School of Law, Christina L. [read post]
20 Dec 2018, 2:21 pm
Although nearly every federal circuit court has adopted the Two-Part Test, many judges—in the Fifth Circuit and elsewhere—believe the Text, History, and Tradition Test is more appropriate. [read post]
28 Oct 2018, 9:45 pm
Much of the structure of the 1993 Rules remains intact, but they have been thoroughly revised and, thanks, to Barnett, rendered in clear English. [read post]
23 Oct 2018, 6:00 am
To accept the latter notion is to adopt a significant more “monarchical” view of presidential authority than is entailed by the former, in which Congress retains a possibly decisive role in determining who exercises at least some facets of executive power. [read post]
19 Oct 2018, 12:55 pm
Barnette, where the court held that the government could not compel schoolchildren to salute the flag, and without independence there is no steel seizure case, where the court held that President Truman was subject to the Constitution, even in a time of war. [read post]
1 Oct 2018, 8:23 am
His reasoning has repeatedly been adopted by majorities of the Supreme Court. [read post]
11 Sep 2018, 9:39 am
Barnett September 18, 2001 11:30 a.m. [read post]
5 Sep 2018, 9:30 pm
The Chevron case involved a challenge to a Clean Air Act regulation adopted by EPA. [read post]
29 Jul 2018, 1:14 pm
Kavanaugh's reasoning was vindicated two years later when Justice Scalia adopted his approach for a Supreme Court majority. [read post]
26 Jul 2018, 11:55 am
As Kent Barnett and I have empirically explored in the circuit courts, the ambiguity inquiry at Chevron’s first step is far more exacting than the reasonableness inquiry at the second step. [read post]
4 Jul 2018, 6:21 am
Massachusetts, Pennsylvania, and Vermont adopted Mason's original references to "born equally free" and to "natural rights" into their declarations of rights while omitting the phrase "when they enter into a state of society. [read post]
4 Jul 2018, 3:57 am
"First come rights and then comes government," as Randy Barnett summarizes. [read post]
6 Jun 2018, 8:36 am
Barnette, a case involving a religious objection to a flag salute, the majority restated that “no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion. [read post]
5 Jun 2018, 9:20 am
But where issues are truly important, precedential "reasoning" has relatively little to be said for it If I shared Randy Barnett's, Richard Epstein's, or Clarence Thomas's views of constitutional meaning and, more importantly, what constituted the most desirable kind of polity, then I would have no particular commitment to maintaining New Deal precedents in all of their glory. [read post]
1 Jun 2018, 10:21 am
Or if the Republican primaries had adopted single transferrable votes, then one suspects Trump might have been headed off. [read post]
20 May 2018, 4:13 pm
The associated press release, with coverage of the practical implications of the Convention adoption, can be found here. [read post]
