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25 Jul 2022, 4:30 am by Eric Segall
It thus endorses “expected applications” as a way to give a provision concrete meaning. [read post]
5 Jul 2022, 11:08 am by Josh Blackman
If I had to predict, about half of these cases will make their way into the fifth edition of the casebook. [read post]
28 Jun 2022, 11:46 am by Randy E. Barnett
And then the right, so limited, may not be restricted in any way. [read post]
21 Jun 2022, 6:30 am by Guest Blogger
First, Richard Epstein and Randy Barnett contend that Congress can only regulate the sale and transportation of goods across state lines, which furthers their libertarian vision.[19]Concededly, the core meaning of “commerce” has always been trade, but in 1787 its regulation also included market-oriented activities such as manufacturing, banking, and insurance.[20]The Constitution’s ratifiers shared that view, and early ICC legislation (approved by Presidents and the Court)… [read post]
Do any of the differences between the way Brown, Parrish, and Barnett overruled precedent and the way you’ll do it matter? [read post]
5 Jun 2022, 6:00 am by Lawrence Solum
Of course, this phrase is just a name that theorists use, and it has been used in different ways. [read post]
2 Jun 2022, 12:50 pm by Andrew Koppelman
  He writes, echoing Chief Justice Roberts’s opinion in NFIB v. [read post]
25 May 2022, 1:33 pm by NARF
Barnett (Voting Rights - Registration; National Voter Registration Act) State Courts Bulletin https://www.narf.org/nill/bulletins/state/2022.html State of Montana v. [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]
13 May 2022, 11:28 am by Gus Hurwitz
In some cases, these issues formed the heart of the post; in others, they were used as examples along the way. [read post]