Professor Dan Farber of Boalt Hall has a new book on the Ninth Amendment called Retained By the People: The “Silent” Ninth Amendment and the Constitutional Rights Americans Don’t Know They Have. I haven’t read it yet, though I gather he disagrees to some degree of my take on the Ninth Amendment. Here is a video of him discussing the Ninth Amendment at Cody Books in San Francisco.
Update: Over on Positive Liberty, the always insightful Tim Sandefur has a highly critical comment on Farber’s take on the Ninth Amendment. Yes, I did see the one page in Farber’s book where he discusses my work and I share Tim’s concerns. Considering he chose to write a whole book on the Ninth Amendment, Farber devotes far too little space to the important issues he raises on this single page. Read the whole thing but here is a taste:
How many other things are wrong with this paragraph? Well, first of all, the text of the Ninth Amendment does not refer to