The same reader who wrote the previous post, thinks I have a secret life. Me: Richard Belzer: For another image, click here. Apparently, he is not alone. Click here and here. I myself can’t see the resemblance, but I do wear black a lot. Coincidence?
Author Archive | Randy Barnett
All the Power of the State:
In closing argument, criminal defense lawyers like to contend that “with all the power of the State at its disposal” why did the prosecutor not produce this or that item of evidence? Well ordinary state court prosecutors (not attached to some special unit) have very little investigative power at their disposal. Our own “investigators” are […]
Peterson Jurors Speak:
Like many Volokh readers, I have not been following the Peterson trial very closely, if for no other reason than that I lack all confidence in the competence of California prosecutors to competently handle high-publicity murder trials. But listening to comments of the three jurors now being interviewed live by the networks, my faith in […]
Ashcroft v. Raich Transcript Now Available On Line:
Just finished reading the transcript of the oral argument from Ashcroft v. Raich that was posted today here. Of course, you always think of what you could and should have said that you did not say in the heat of argument. But since I have been doing a good deal of that for the past […]
Vote For the Most Influential Legal Thinkers in America!:
Larry Solum (Legal Theory Blog), Eugene Volokh (Volokh Conspiracy) and Glenn Reynolds (Instapundit) have been nominated for the Top 20 Legal Thinkers in America by Legal Affairs. Larry and Eugene are nominated in the “Academics” category, while Glenn is nominated in the “Writers/Commentators” category. According to Legal Affairs: “Your job is to vote for your […]
Press Coverage of Ashcroft v. Raich:
A lot has now appeared in the press concerning oral argument in Ashcroft v. Raich, including favorable editorials in both The New York Times and Boston Globe. Two particularly insightful analyses appeared today that I thought merited a link. The first, Feds v. Meds, from the Los Angeles City Beat explores the following theme: The […]
Originalism and the Role of Precedent:
At the annual meeting of the Law Professor Division of the Federalist Society this past weekend in Atlanta, I moderated a panel on “Transitions to Originalism” which concerned how, if one accepts originalism as the proper method of constitutional interpretation, do you move from where we are to restore the original meaning? An important aspect […]
Cultures of Fear:
Mark Steyn has an interesting column, Go ahead, burglar, make my day, in which he compares a community that allows personal self defense from one that discourages or punishes it. But that’s the point: you’re there, the police aren’t. And, even in jurisdictions whose constabularies aren’t quite so monumentally useless as Britain’s, a citizen in […]
My Exchange With Ramesh Ponnuru in The Corner
In the Corner on NRO, Ramesh Ponnuru responds to Jonathan Adler’s column by asking: Why should the analysis of whether criminalizing the medicinal use of marijuana is a legitimate federal power turn on whether a state government has taken a view of the matter? If I follow your argument correctly, the federal government doesn’t have […]
Adler on Importance to Federalism of Raich v. Ashcroft:
The press correctly reported the fact that the questions directed towards me were pretty intense. Only one Justice from the “Federalist Five” evinced any awareness of the implications to the Court’s so-called “Federalism Revolution” of reversing the Ninth Circuit’s decision. This was Justice O’Connor in her tough questions to Paul Clement. (Interestingly, she asked me […]
Back From DC:
Just returned from DC. As I need to teach Contracts tomorrow morning (Frustration of Purposes and the Coronation Cases), I cannot blog now. Besides its late, and I am pretty drained. But I thought you might want to see me and Nina Totenberg (she’s in red, I’m in brown). Thanks to my many well wishers. […]
Final Push for Monday’s Argument:
My preparation for Monday’s Supreme Court argument in Ashcroft v. Raich continues this weekend. I learned a tremendous amount from moot courts at Georgetown, Oklahoma City University, and Harvard Law School. My thanks to all who served as judges for their invaluable feedback and to all those who attended for their support and encouragement. Update:SCOTUS […]
Review of Restoring the Lost Constitution:
Ronald Kahn of Oberlin College has written a thoughtful review of Restoring the Lost Constitution: The Presumption of Liberty for the Law and Politics Book review published by The Law and Courts Section of The American Political Science Association. The review can be found here. Though of course I do not agree with his criticisms–which […]
Advice to Republicans:
From John Tabin in the American Spectator: As John Fund has noted, the dark spot on the GOP’s election came in the state legislatures, where increasing polarization flipped the balance in the Democrats’ very narrow favor. “Republicans shouldn’t forget that their new dominance is tenuous and is unlikely to last if the party remains uncompetitive […]
Hewitt v. The Corner on Specter:
For those who have missed it (which I suspect are very few VC readers), Hugh Hewitt has been questioning the prudence of the campaign of some, especially those in The Corner on NRO, to deny Arlen Specter the chair of the Senate Judiciary Committee. As someone with no prior position on this tactical matter, I […]