Search for: "John Barnett"
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11 Sep 2018, 9:50 am
[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]
2 Sep 2018, 9:35 pm
Chief Justice John Roberts has called for a more context-specific Chevron deference. [read post]
15 Aug 2018, 2:59 pm
Wodehouse Zachary Kramer zachary_kramer Arizona State Kris Mayes krismayes Arizona State Steve Clowney steveclowney Arkansas-Fayetteville Property Race & the Law Land Use Steve Clowney steveclowney Arkansas-Fayetteville Property Land Use Brian Gallini profcoachg Arkansas-Fayetteville Criminal Law Criminal Procedure Legal Education Stacy Leeds stacyleeds Arkansas-Fayetteville Property American Indian Law Legal Education Jill Lens… [read post]
14 Aug 2018, 8:03 am
Conservative scholars, including Randy Barnett, John Manning and Jack Goldsmith, have previously suggested that the Take Care clause means what it says: A president has to "faithfully" execute the laws. [read post]
31 Jul 2018, 4:17 am
” At Reason’s Volokh Conspiracy blog, Randy Barnett adds that “[w]hat will matter a great deal to me is that he affirms at his hearings–readily and without apology–that he is a public meaning originalist. [read post]
27 Jul 2018, 9:26 am
The findings stated that a customer of Barnett’s died of a heart attack. [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]
16 Jul 2018, 8:00 am
John Mikhail, Georgetown University Law Center, has posted A Tale of Two Sweeping Clauses, which is forthcoming in the Harvard Journal of Law & Public Policy. [read post]
4 Jul 2018, 6:21 am
" Or, as John Locke wrote, "no one ought to harm another in his life, health, liberty, or possessions. [read post]
29 Jun 2018, 9:30 pm
" H/t: John Q. [read post]
27 Jun 2018, 8:26 am
Barnette] said that a law commanding “involuntary affirmation” of objected-to beliefs would require “even more immediate and urgent grounds” than a law demanding silence. [read post]
14 Jun 2018, 3:08 am
Barnette, which John Q. [read post]
1 Jun 2018, 10:21 am
I have quoted many times what I believe to be the late John Roche's useful addendum to Lord Acton's famous comment about power and corruption. [read post]
21 May 2018, 4:21 pm
Steven Barnett argues that in opposing Leveson Part 2 the government has surrendered to press lobbying, betrayed promises made to the victims of phone-hacking and undermined the public interest. [read post]
11 May 2018, 9:30 pm
Last Tuesday, at an event sponsored by the Supreme Court Historical Society, Justice Ruth Bader Ginsburg asked Richard Primus and Randy Barnett how each would have decided Loving v. [read post]
10 May 2018, 10:31 am
Illinois, an 1873 decision upholding Illinois’ ability to deny law licenses to women, and Justice John Marshall Harlan, who dissented from Plessy v. [read post]
7 May 2018, 7:09 am
Neily III Of course, there are numerous other excellent and influential books I might have mentioned by such well-known authors as John Hart Ely, Ronald Dworkin, Akhil Amar, James Ely, Bruce Ackerman, Richard Epstein, Barry Friedman, Richard Fallon, David Strauss, Jack Balkin, Sandy Levinson, James Fleming, Tom West and many more. [read post]
26 Apr 2018, 11:52 am
Randy Barnett of Georgetown Law sees it as a source of unenumerated rights, just as Article I’s necessary-and-proper clause is a source of unenumerated powers. [read post]
22 Apr 2018, 1:30 pm
The Supreme Court’s final oral argument of the term, on Wednesday, will be in the “Travel Ban III” case, No. 17-965, Trump v. [read post]
17 Apr 2018, 11:29 am
Over the last couple of years, I've been looking closely at injunctions against libel, and I've come to agree with the emerging view in recent appellate court decisions -- such injunctions, if properly crafted, are constitutional. [read post]