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13 Aug 2020, 10:49 pm
My colleague Randy Barnett offered this recap: Although I have been persuaded by the Ramsey analysis — which rests, in part, on the relationship between the Natural Born Citizenship Clause and the power of Congress under the Naturalization Clause — as well as by my own analysis of the parallels between between a "natural born subject" in a monarchy and a "natural born citizen" in a republic, I agree with Larry that this issue is "not… [read post]
5 Aug 2020, 6:30 am
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]
30 Jul 2020, 9:05 pm
The president of the Federation, Randi Weingarten, stated that if “authorities do not protect the safety and health” of educators, “nothing is off the table. [read post]
24 Jul 2020, 5:30 am
Last month, Randy Barnett and I wrote an essay for National Review titled Justice Gorsuch's Halfway Textualism Surprises and Disappoints in the Title VII Cases. [read post]
13 Jul 2020, 6:00 am
[All 16 are now ready for the Barnett/Blackman supplement.] [read post]
8 Jul 2020, 4:03 pm
Josh Blackman and Randy Barnett argue in National Review that the Supreme Court was wrong to hold that discrimination against LGBT people is sex discrimination. [read post]
4 Jul 2020, 7:18 am
[It officially adopted the political theory of the United States: securing the individual rights of We the People] [This year, my annual post celebrating the Fourth of July is drawn from a chapter of Our Republican Constitution: Securing the Liberty and Sovereignty of We the People, and from a short essay on the same topic, The Declaration of Independence and the American Theory of Government: First Come Rights, and Then Comes Government. [read post]
2 Jul 2020, 4:30 am
New on NRO: "Justice Gorsuch's Half-Way Textualism Surprises and Disappoints in the Title VII Cases": Randy Barnett and I explain where Justice Gorsuch went wrong in Bostock Justice Brennan rejected the "literal" meaning of Title VII in United Steel Workers v. [read post]
1 Jul 2020, 3:51 pm
Randy Barnett and I called this approach "halfway textualism. [read post]
1 Jul 2020, 2:32 pm
My colleague Randy Barnett's description of NFIB v. [read post]
27 Jun 2020, 9:31 am
Randy Barnett and I recently published a commentary of Bostock v. [read post]
26 Jun 2020, 3:14 pm
“Justice Gorsuch’s Halfway Textualism Surprises and Disappoints in the Title VII Cases”: Law professors Josh Blackman and Randy Barnett have this essay online at National Review. [read post]
26 Jun 2020, 9:01 am
[Randy Barnett and I explain where Justice Gorsuch went wrong in Bostock] Randy Barnett and I published a new essay in National Review Online, titled "Justice Gorsuch's Half-Way Textualism Surprises and Disappoints in the Title VII Cases. [read post]
19 Jun 2020, 3:56 pm
For more, see Randy E. [read post]
9 Jun 2020, 6:01 am
[All of the files are now available on a shared drive. ] Randy Barnett and I prepared powerpoint slides for the 100 cases in our new book, An Introduction to Constitutional Law: 100 Supreme Court Cases Everyone Should Know. [read post]
5 Jun 2020, 6:00 am
Randy Barnett and I prepared powerpoint slides for the 100 cases in our new supplement. [read post]
1 Jun 2020, 5:15 am
Randy Barnett tweets. [read post]
10 May 2020, 11:21 am
" Co-blogger Randy Barnett responded to Adrian, and warned about the risks of any non-originalist approach to the Constitution. [read post]
4 May 2020, 9:05 pm
Please join constitutional scholar Randy Barnett, in conversation with Ilya Shapiro, for an online forum to discuss these and other issues. [read post]
3 Apr 2020, 12:58 pm
Common-Good Constitutionalism Reveals the Dangers of Any Non-Originalist Approach to the Constitution By Randy Barnett, Carmack Waterhouse Professor of Legal Theory, Georgetown University Law Center Randy E. [read post]