The U.S. Supreme Court building in Washington, D.C. (Carlos Barria/Reuters) I argued in my "Four Models" article that this pluralism was desirable. In applying the reasonable expectation of privacy ...
If the Positive Law test is originalist, then what isn't? A close look at Fourth Amendment history and some recent scholarship. My friend and co-blogger Will Baude argued recently that his Positive ...
The law is all around us, in many different forms: constitutions and statutes, rules and regulations, executive orders and court decisions. Together, these different pieces of the law—what lawyers and ...
IN ORDER to explain my title I must ask you to follow me in examining the three great domains of human action. First comes the domain of positive law, where our actions are prescribed by laws which ...
Earlier this month, in National Association of Manufacturers v. National Labor Relations Board, the D.C. Circuit Court of Appeals struck down an NLRB edict requiring businesses to display pro-union ...
To understand positive law codification, it helps to know something about the U.S. Code. The Code was adopted in 1926 for the purpose of arranging the general and permanent federal statutes by subject ...
WASHINGTON, DC – JUNE 16: The Supreme Court of the United States building on June 16, 2017 in Washington, DC. (Photo by Jonathan Newton / The Washington Post) Another Supreme Court case I’ve been ...
It has been seven years since Professors William Baude and James Y. Stern published “The Positive Law Model of the Fourth Amendment” in the Harvard Law Review. Early this year, Professors Danielle ...
In his email list to which I subscribe, Ed Whelan prefaces his posts today (here and here) responding to mine of last week like this: “I have a great deal of respect for law professor Randy Barnett, ...
It is a singular honor to be delivering the Joseph Story Distinguished Lecture at The Heritage Foundation, and Ed Meese’s presence here tonight makes this honor all the more meaningful.[1] For those ...
Prompted by the protracted debate about the buggery law, gruesome murders, abortion, corruption, the ganja industry, etc, I wish to highlight a dilemma that all free societies face; namely, deciding ...
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