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22 Sep 2022, 4:37 am by Charles Sartain
Co-author Trevor Lawhorn If you have ever wondered how many ways a cocktail of stupidity*, treachery and feckless government can inflict financial harm on the undeserving, including the citizens the feckless government leaders are supposed to serve, see City of Dallas v. [read post]
3 Apr 2010, 9:25 am by Randy Barnett
You can consider how the lower court in Williamson v. [read post]
3 Jan 2011, 3:59 am by Randy Barnett
Constitution in the manner proposed by Barnett — and for the record, we think the Repeal Amendment is a dandy way to restore the proper balance to our federal system — the professor’s idea could not be more appropriately timed. [read post]
5 Dec 2009, 1:16 pm
The latest issue of the libertarian magazine Reason has an interesting essay by Brian Doherty on the briefing in McDonald v. [read post]
18 Jan 2022, 5:00 am by Eric Segall
For now, I think it is enough to say that I found Barnett and Bernick's discussion of the privileges or immunities clause interesting, provocative, and certainly plausible (although the Court is a long way from accepting most of it).Given their capacious reading of the privileges or immunities clause, Barnett and Bernick's accounting of the original meaning of the equal protection and due process clauses, with one major exception noted below, feels almost… [read post]
22 Dec 2007, 4:55 pm
Barry Barnett Our feed wishes it had three noggins. [read post]
25 Sep 2007, 11:00 am
Barry Barnett Our feed generates exhaust yet has a zero carbon footprint. [read post]
16 Sep 2013, 1:11 pm by Josh Blackman, guest-blogging
I think this breakdown echoes what Randy Barnett has referred to as judicial conservatives v. constitutional conservatives. [read post]
24 May 2022, 4:00 am by Eric Segall
It is on a similar principle that Professor Barnett once expressed that he "is sympathetic" with Professor Jack Balkin's claim that Roe v. [read post]
12 Aug 2007, 3:55 pm
The historical method (what we should call originalism) is a valid way to interpret, but there are others. [read post]
11 Mar 2014, 7:41 am
Last week, the Fourth Court of Appeals in San Antonio issued its opinion in Chesapeake v. [read post]