Randy Barnett Archives - Cockle Legal Briefs

15 Dec, 2011

Books I’d Recommend As Holiday Gifts

Shon R. Hopwood2019-03-18T18:47:50-05:00December 15th, 2011|Tags: Amy Hempel, Craig Davidson, Hubert Selby Jr., Jeffrey Toobin, Linda Greenhouse, Randy Barnett, Raymond Carver, Ron Paul|

The dreaded or longer for holiday season is upon us and many of you are looking for that $25 gift for someone because your family drew names over Thanksgiving. So here are some suggestions for those who enjoy the law and for those that don't. I've separated these into subject areas, since if you are giving [...]

Do Written Laws “Lock In” A Particular Meaning?

Shon R. Hopwood2019-03-18T18:48:01-05:00May 11th, 2011|Tags: constitutional interpretation, criticism, methodology, Randy Barnett, Restoring the Lost Constitution, The Presumption of Liberty|

I just finished reading Randy Barnett’s book Restoring the Lost Constitution: The Presumption of Liberty. While the book has received its share of criticism (see here), including by one of the CockleBur contributors (see here), I found the book very interesting. I cannot say that I agree with all of it or [...]

The President Acknowledges that the Pre-Existing Injuries Portion of the Affordable Care Act could also be in Jeopardy

Shon R. Hopwood2019-03-18T18:48:11-05:00December 10th, 2010|Tags: Affordable Care Act, Judge Henry Hudson, Randy Barnett, The Volokh Conspiracy|

Randy Barnett, at The Volokh Conspiracy, posted this article about a fact sheet recently provided by the White House. The fact sheet addresses the pending constitutional challenge to the Affordable Care Act’s individual mandate currently before Judge Henry Hudson. In anticipation of a ruling, the White House admitted that should the individual mandate be held unconstitutional, the portion of the Act requiring insurance companies to accept and cover people with pre-existing injuries would likewise fall. The fact sheet explained: