Search for: "Randy Barnett"
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13 Aug 2019, 2:48 pm
Along with Randy Barnett, he has crafted perhaps the most sophisticated theory of originalism. [read post]
22 Jul 2019, 7:00 am
In two previous posts, Randy Barnett and I explained that NFIB v. [read post]
21 Jul 2019, 8:03 pm
He has written many law review articles and four books, two of them with our own Randy Barnett: Constitutional Law: Cases in Context (3d ed.) [read post]
8 Jul 2019, 8:09 pm
[A quick round up and response to Josh Blackman and Randy Barnett] Tomorrow at 1pm Central (2pm Eastern), the U.S. [read post]
8 Jul 2019, 8:28 am
” Randy Barnett and Josh Blackman have this post at “The Volokh Conspiracy,” along with a related post titled “NFIB v. [read post]
8 Jul 2019, 7:30 am
[Severability doctrine & the ACA findings seem to support Judge O'Connor's ruling] In two previous posts here and here, Josh Blackman and I contended that Judge O'Connor's conclusion that the individual insurance mandate is unconstitutional is correct. [read post]
8 Jul 2019, 6:30 am
[An important element of standing has already been decided by the Court] [Note: This post was coauthored with Professor Josh Blackman.] [read post]
7 Jul 2019, 9:40 pm
[Understanding NFIB v. [read post]
5 Jul 2019, 7:43 am
[The state AG's current challenge to Obamacare is stronger than they say] In late 2009, as Congress debated the Affordable Care Act (ACA), Todd Gaziano, Nathaniel Stewart, and I contended that the bill's individual insurance "requirement" or mandate was unconstitutional because it exceeded the combined Commerce and Necessary and Proper Clause powers of Congress. [read post]
4 Jul 2019, 6:30 am
[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"] The Declaration of Independence used to be read aloud at public gatherings every Fourth of July. [read post]
27 Jun 2019, 6:30 am
Many of the so-called "New Originalists," including Randy Barnett, Keith Whittington, and myself, affirm a distinction between "Interpretation" (discovering the meaning of the text) and "construction" (determining the legal effect given to the text). [read post]
7 Jun 2019, 6:30 am
There were, to be sure, some gadflies, such as Richard Epstein at the University of Chicago who denounced the New Deal in root and branch, as well as Gary Lawson and Randy Barnett, all of whom conveyed a distinctly libertarian sensibility. [read post]
6 Jun 2019, 6:30 am
I would also relish the opportunity to engage in extended exchanges with my friend Randy Barnett, who titled his own book The Republican Constitution in part as a reply to my own insistence about ours being an “undemocratic Constitution. [read post]
31 May 2019, 6:00 am
“The fact that this decision was apparently political, rather than legal, completely undermines its legitimacy as a precedent,” vented Randy Barnett, counsel for the Republican state officials who brought the case. [read post]
6 May 2019, 2:58 am
London ban on transit ads depicting “bad” foods winds up nixing images of Wimbledon strawberries and cream, bacon, butter, cheese, jam, honey, and Christmas pudding [Scott Shackford] And more: British medical journal The Lancet wants to do some highly non-consensual poking and jabbing at your midsection, with the aim of making you lose weight; highlights include funding activist campaigns, cutting business out of policy discussions, and routing policy through the least accountable… [read post]
24 Apr 2019, 7:03 pm
On one side are Randy Barnett and Evan Bernick, with a paper on The Privileges or Immunities Clause Abridged: A Critique of Kurt Lash on the Fourteenth Amendment. [read post]
28 Mar 2019, 5:23 am
Come hear Judge Joan Larson give inaugural Cooley Judicial Lecture at Georgetown Law; See Cooley Book Prize awarded to Richard FallonJudge Joan Larsen of the US Court of Appeals for the Sixth Circuit will deliver the Inaugural Thomas M. [read post]
24 Mar 2019, 6:30 am
Barnett and Evan D. [read post]
17 Mar 2019, 6:00 am
" Sam joins a long list of illustrious Story/Bator award receipients, including co-bloggers Randy Barnett (1991), Paul Cassell (1998), Eugene Volokh (1999), Jonathan Adler (2004), Orin Kerr (2007), Sai Prakash (2008), Eugene Kontorovich (2012), and Nita Farahany (2013). [read post]
13 Feb 2019, 7:49 am
I have known Judge Perkins since she was a young staff attorney at the Institute for Justice in Arizona--when her maiden name was Barnett (no relation)--and think she would be an outstanding addition to the Court. [read post]
