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19 oeuvres 543 utilisateurs 2 critiques 1 Favoris

A propos de l'auteur

Randy E. Barnett attended Northwestern University where he studied philosophy. He received his J.D. from Harvard University and worked as a prosecutor for several years. Barnett then turned to teaching and is currently the Austin B. Fletcher Professor of Law at Boston University Law School. Barnett afficher plus has written frequently on law topics ranging from criminal law to constitutional rights and the role of consent in contract law. The Structure of Liberty: Justice and the Rule of Law, The Function of Restitutive Justice, and The Rights Retained by the People: The History and Meaning of the Ninth Amendment are some of his important works. (Bowker Author Biography) afficher moins

Œuvres de Randy E. Barnett

Contracts: Cases and Doctrine (1995) 42 exemplaires
Perspectives on Contract Law (1995) 21 exemplaires

Étiqueté

Partage des connaissances

Date de naissance
1952-02-05
1952
Sexe
male
Nationalité
USA
Lieux de résidence
Chicago, Illinois, USA
Études
Northwestern University
Harvard Law School
Professions
The Patrick Hotung Professor of Constitutional Law at the Georgetown University Law Center.
Courte biographie
Randy E. Barnett is the Carmack Waterhouse Professor of Legal Theory at the Georgetown University Law Center, where he teaches constitutional law and contracts, and is Director of the Georgetown Center for the Constitution. After graduating from Northwestern University and Harvard Law School, he tried many felony cases as a prosecutor in the Cook County States’ Attorney’s Office in Chicago. A recipient of a Guggenheim Fellowship in Constitutional Studies, Professor Barnett has been a visiting professor at Penn, Northwestern and Harvard Law School.

Professor Barnett’s publications includes eleven books, more than one hundred articles and reviews, as well as numerous op-eds. His coauthored book, A Conspiracy Against Obamacare: The Volokh Conspiracy and the Health Care Case (Palgrave) was published in 2013. New expanded editions of his books, Restoring the Lost Constitution: The Presumption of Liberty (Princeton) and The Structure of Liberty: Justice and the Rule of Law (Oxford) were published this year.  His other books include The Oxford Introductions to U.S. Law: Contracts (Oxford 2010), Contracts: Cases and Doctrine (Wolters Kluwer, 5th ed. 2012), and Constitutional Law: Cases in Context (Wolters Kluwer, 2nd ed. 2013) 

In 2004, he argued the medical marijuana case of Gonzalez v. Raich before the U.S. Supreme Court. In 2012, he was one of the lawyers representing the National Federation of Independent Business in its constitutional challenge to the Affordable Care Act.  Recently, he appeared on PBS’s Constitution USA with Peter Sagal; and he portrayed a prosecutor in the 2010 science-fiction feature film, InAlienable.

http://www.randybarnett.com/biography...

Membres

Critiques

In 2003, the Supreme Court declared that people who challenge the constitutionality of an economic regulation must "negative every conceivable basis" for that regulation if they are to prevail (Fitzgerald v. Racing Ass'n of Central Iowa). In other words, laws controlling private property or economic activity are presumed constitutional unless shown to be utterly arbitrary, without any evidence whatsoever in their favor. There was nothing novel about this: the Supreme Court has held this view for the past seventy years.
In Restoring the Lost Constitution, Randy Barnett takes aim at this idea with an argument laced with common sense. His book, subtitled "The Presumption of Liberty", brings together arguments he has made in previous articles and books with the goal of providing a systematic defense of a libertarian interpretation of the U.S. Constitution.

He begins with the fundamental question: What makes government legitimate? He then proceeds to define the meaning of legal texts objectively, rather than on the basis of the subjective preferences of authors or contemporary political expediency. His project is an ambitious one for in doing this Barnett challenges a generation of legal theory from across the political spectrum, but does so without polemics, relying on the clarity of his arguments and the common-sense appeal of his positions to make his case. The result is a well-organized book that discusses the legitimacy, method and limits of the Constitution. He concludes with a section on the powers of the constitution that discusses both federal and state roles with a chapter on judicial applications.
In the final chapter Barnett makes clear the extent to which the Constitution has been "lost" and how the "Presumption of Liberty" would restore those sections that have been ignored for many decades. This is a magnificent defense of Constitutional liberty.
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Signalé
jwhenderson | May 5, 2012 |
Contrasting liberty with license, Randy Barnett with The Structure of Liberty returns to the ideas of our founding fathers as he rebuilds the foundation of liberty represented by a constitutional framework. His method is to start by describing the problems of knowledge, interest and power. He argues that a liberty "structured by justice" and defined by rights that are supported by the rule of law is required to solve these problems. He concludes his book with a section defending against objections that have been raised to the approach toward liberty he has described.
This thorough and well-written defense of liberty should be read by anyone who has a serious interest in the foundations of liberty. With the inclusion of an extensive bibliography this is a welcome addition to the library of individual of rights.
… (plus d'informations)
 
Signalé
jwhenderson | May 5, 2012 |

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Œuvres
19
Membres
543
Popularité
#45,916
Évaluation
4.1
Critiques
2
ISBN
62
Favoris
1

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