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16 Jan 2019, 5:15 pm by Ronald Mann
Chief Justice John Roberts and Justice Samuel Alito probed closely on the textual support for and policy implications of Bland’s position. [read post]
14 Nov 2018, 4:07 pm by Ilya Somin
Most other originalists, however, such as [Randy] Barnett and Paulsen, argue that their own originalism theories are mostly normative, not descriptive..... [read post]
14 Nov 2018, 4:07 pm by Ilya Somin
Most other originalists, however, such as [Randy] Barnett and Paulsen, argue that their own originalism theories are mostly normative, not descriptive.... [read post]
23 Oct 2018, 6:00 am by Sandy Levinson
Congress, where by one vote, that of Vice-president John Adams breaking a tie in the Senate, the President (in this case George Washington, of course) was given the unilateral power to say “you’re fired. [read post]
19 Oct 2018, 12:55 pm by Victoria Kwan
” Although the sitting justices projected a united front, retired Justice John Paul Stevens felt no such obligation to match his message to his former colleagues’. [read post]
7 Oct 2018, 3:52 am by Howard Wasserman
I am happy to say that FIU Law Review's symposium Barnette at 75: The Past, Present, and Future of the "Fixed Star in Our Constitutional Constellation" was a great success, with three terrific panels and a wonderful keynote speech by John Q. [read post]
1 Oct 2018, 8:23 am by Randy Barnett
In contrast, Republican Senators like Mike Lee, Ted Cruz, Ben Sasse and John Kennedy engaged Judge Kavanaugh—in some cases critically—with his views of constitutional interpretation and precedent. [read post]
21 Sep 2018, 5:58 am by Terry Hart
Most recently, the tune has been covered by artists such as Father John Misty and Courtney Barnett. [read post]
17 Sep 2018, 4:00 am by Howard Friedman
, (August 01, 2018).Avishai Benish, Dana Halevy & Shimon Spiro, Regulating Social Welfare Services: Between Compliance and Learning, (Forthcoming in International Journal of Social Welfare).From SSRN (Legal issues relating to sexual orientation and religion):John G. [read post]
15 Sep 2018, 9:17 am by Randy Barnett
Day 2, Part II (42:34 – in response to Senator John Cornyn): There are a number of reasons you would cite stability, predictability, impartiality, reliance interests – but all of those are not mere policies, in my view. [read post]
15 Sep 2018, 8:53 am by Randy Barnett
"the whole document tilts toward liberty"--more on Judge Kavanaugh's judicial philosophyIn my two previous posts, I highlighted Judge Brett Kavanaugh's testimony about originalism and an interesting exchange he had about inalienable rights with Senator John Kennedy. [read post]
14 Sep 2018, 2:37 pm by Randy Barnett
Day 2, Part V – Dialogue between Senator John Kennedy and Judge Bret Kavanaugh (43:55) Kennedy: Yesterday, I talked a little bit about how judges have limits on their power. [read post]
14 Sep 2018, 2:00 pm by Randy Barnett
[Here Kavanaugh unapologetically asserts what, in the 20th Century came to be called the power of judicial review, but which Alexander Hamilton, John Marshall and others described as a duty to follow the higher law of the Constitution against mere legislation. [read post]
12 Sep 2018, 8:37 am by Randy Barnett
Day 2, Part V – Dialogue between Senator John Kennedy and Judge Bret Kavanaugh (43:55) Kennedy: Yesterday, I talked a little bit about how judges have limits on their power. [read post]