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About Randy E. Barnett
Professor Barnett's publications includes twelve books, more than one hundred articles and reviews, as well as numerous op-eds. 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.
He is addicted to Amazon Prime.
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This multimedia platform combines a book and video series that will change the way you study constitutional law. An Introduction to Constitutional Law teaches the narrative of constitutional law as it has developed over the past two centuries. All students—even those unfamiliar with American history—will learn the essential background information to grasp how this body of law has come to be what it is today. An online library of sixty-three videos (access codes provided with purchase of the book) brings the Supreme Court’s one hundred most important decisions to life. These videos are enriched by photographs, maps, and even audio from the Supreme Court. The book and videos are accessible for all levels: law school, college, high school, home school, and independent study. Students can read and watch these materials before class to prepare for lectures or study after class to fill in any gaps in their notes. And, come exam time, students can watch the entire canon of constitutional law in about twelve hours.
A concise history of the long struggle between two fundamentally opposing constitutional traditions, from one of the nation’s leading constitutional scholars—a manifesto for renewing our constitutional republic.
The Constitution of the United States begins with the words: “We the People.” But from the earliest days of the American republic, there have been two competing notions of “the People,” which lead to two very different visions of the Constitution.
Those who view “We the People” collectively think popular sovereignty resides in the people as a group, which leads them to favor a “democratic” constitution that allows the “will of the people” to be expressed by majority rule. In contrast, those who think popular sovereignty resides in the people as individuals contend that a “republican” constitution is needed to secure the pre-existing inalienable rights of “We the People,” each and every one, against abuses by the majority.
In Our Republican Constitution, renowned legal scholar Randy E. Barnett tells the fascinating story of how this debate arose shortly after the Revolution, leading to the adoption of a new and innovative “republican” constitution; and how the struggle over slavery led to its completion by a newly formed Republican Party. Yet soon thereafter, progressive academics and activists urged the courts to remake our Republican Constitution into a democratic one by ignoring key passes of its text. Eventually, the courts complied.
Drawing from his deep knowledge of constitutional law and history, as well as his experience litigating on behalf of medical marijuana and against Obamacare, Barnett explains why “We the People” would greatly benefit from the renewal of our Republican Constitution, and how this can be accomplished in the courts and the political arena.
The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost.
Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people.
As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond.
This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.
Drawing upon insights from philosophy, economics, political theory, and law, Barnett explains why, when people pursue happiness while living in society with each other, they confront the pervasive social problems of knowledge, interest and power. These problems are best dealt with by ensuring the liberty of the people to pursue their own ends, but this liberty is distinguished from "license" by certain fundamental rights and procedures associated with the classical liberal conception of
"justice" and "the rule of law." He then outlines the constitutional framework that is needed to put these principles into practice.
In a new Afterword to this second edition, Barnett elaborates on this thesis by responding to several important criticisms of the original work. He then explains how this "libertarian" approach is more modest than either the "social justice" theories of the left or the "legal moralism" of the right.
Constitutional Law: Cases in Context, Third Edition places primary emphasis on how constitutional law has developed since the Founding, its key foundational principles, and recurring debates. By providing both cases and context, it conveys the competing narratives that all lawyers ought to know and all constitutional practitioners need to know. Teachable, manageable, class-sized chunks of material are suited to one-semester courses or reduced credit configurations. Generous case excerpts make the text flexible for most courses. Cases are judiciously supplemented with background readings from various sources. Innovative study guide questions presented before each case help students focus on the salient issues, challenging them to consider the court’s opinions from various perspectives, and suggesting comparisons or connections with other cases.
Key Benefits:
- Revised doctrinal areas with newer cases.
- Updated background contextual material to reflect current scholarship.
- A highly accessible and engaging structure that examines the competing narratives that pervade the development of American constitutional law since the founding.
- Related cases are grouped together into “assignments” and make for a reasonable amount of reading for each topic.
- A wealth of photographs, maps, and primary documents to bring the cases to life.
The purchase of this Kindle edition does not entitle you to receive access to the online e-book, practice questions from your favorite study aids, and outline tool available through CasebookConnect.
Contracts: Cases and Doctrine, Sixth Edition, features a mix of lightly-edited classic and contemporary cases that stresses current contract doctrine along with the essential lawyering skill of case analysis—how to sift through the facts of the case to discern the prevailing rules and theory. Randy Barnett and Nate Oman’s innovative text introduces each case and provides the historical background of the iconic cases that make the study of contract law engaging. Study Guide questions help students identify salient issues as they read each case. Judicial biographies of each judge provides additional context.
Key Features of the New Edition:
- The 6th Edition has been edited to make it even more modular and therefore easier for professors to select which doctrines to cover.
- The introductory materials have been shortened to permit a speedier entry to whichever basic doctrine the professor chooses to begin with.
- A new section on public policy defenses has been added.
- Recent developments involving arbitration agreements in the wake of the Supreme Court’s AT&T Mobility case are also covered.
- In addition, roughly a dozen new cases have been substituted, chosen for their interesting facts or their proven pedagogical usefulness.
- As always, every effort is made to provide students with background materials on the litigation, such as new judicial biographies and excerpts from recently published scholarship dealing with the cases covered.
New cases include:
- Jordan v. Knafel
- Arnold Porter v. Fuqua Industries
- Nguyen v. Barnes & Noble Inc.
Also, in keeping with the book’s focus on the “classic” cases we have included some iconic cases missing from earlier editions, including:
- Masterson v. Sine
- Security Stove & Manfacturing Co. v. American Railway Express
- Lefkowitz v. Great Minneapolis Surplus Store
- Lawrence v. Fox
- Harris v. Watson
The purchase of this Kindle edition does not entitle you to receive access to the online e-book, practice questions from your favorite study aids, and outline tool available through CasebookConnect.
Constitutional Rights: Cases in Context, Second Edition places primary emphasis on how constitutional law has developed since the Founding, its key foundational principles, and recurring debates. By providing both cases and context, it conveys the competing narratives that all lawyers ought to know and all constitutional practitioners need to know. Teachable, manageable, class-sized chunks of material are suited to one-semester courses or reduced credit configurations. Generous case excerpts make the text flexible for most courses. Cases are judiciously supplemented with background readings from various sources. Innovative study guide questions presented before each case help students focus on the salient issues, challenging them to consider the court’s opinions from various perspectives, and suggesting comparisons or connections with other cases.
Key Benefits:
- Revised doctrinal areas with newer cases.
- Updated background contextual material to reflect current scholarship.
- A highly accessible and engaging structure that examines the competing narratives that pervade the development of American constitutional law since the founding.
- Related cases are grouped together into “assignments” and make for a reasonable amount of reading for each topic.
- A wealth of photographs, maps, and primary documents to bring the cases to life.
The purchase of this Kindle edition does not entitle you to receive access to the online e-book, practice questions from your favorite study aids, and outline tool available through CasebookConnect.
The revised Fifth Edition has been updated throughout with new cases added to build upon the strengths of the book.
Hallmark features of Contracts: Cases and Doctrines:
Case-based approach
o ample doctrinal materials to analyze for prevailing themes and theory
o cases lightly edited, or presented whole
o first-year students develop case-analysis skills
Flexible organization
o begins with Remedies
o chapters can be taught in any order
Mixture of classic and contemporary cases
o adds interest
o affords teaching alternatives
Powerful pedagogy
o Each chapter begins with textual introduction
o Study Guide questions before each case focus on salient issues
o Background information provides context for understanding cases
Abundant reference citations to popular and respected sources
Presents relevant provisions of the Uniform Commercial Code and the Restatement (Second) of Contracts
The purchase of this Kindle edition does not entitle you to receive access to the online e-book, practice questions from your favorite study aids, and outline tool available through CasebookConnect. In order to receive the full benefits of CasebookConnect, the all in one learning solution for law school students, you will need to purchase a new print Connected Casebook.
Constitutional Structure: Cases in Context, Second Edition places primary emphasis on how constitutional law has developed since the Founding, its key foundational principles, and recurring debates. By providing both cases and context, it conveys the competing narratives that all lawyers ought to know and all constitutional practitioners need to know. Teachable, manageable, class-sized chunks of material are suited to one-semester courses or reduced credit configurations. Generous case excerpts make the text flexible for most courses. Cases are judiciously supplemented with background readings from various sources. Innovative study guide questions presented before each case help students focus on the salient issues, challenging them to consider the court’s opinions from various perspectives, and suggesting comparisons or connections with other cases.
Key Benefits:
- Revised doctrinal areas with newer cases.
- Updated background contextual material to reflect current scholarship.
- A highly accessible and engaging structure that examines the competing narratives that pervade the development of American constitutional law since the founding.
- Related cases are grouped together into “assignments” and make for a reasonable amount of reading for each topic.
- A wealth of photographs, maps, and primary documents to bring the cases to life.
The purchase of this Kindle edition does not entitle you to receive access to the online e-book, practice questions from your favorite study aids, and outline tool available through CasebookConnect.
Contributors: Sotirios A. Barber, Michael W. McConnell, Sanford Levinson, Stephen Macedo, Andrzej Rapacznski, Thomas C. Grey, Lawrence G. Sager, Morris S. Arnold, Earl M. Maltz, Susanna Sherry, Calvin R. Massey, Thomas McAffee and Raoul Berger.
Together with Volume I, which covers primarily the history and proper interpretation of the amendment itself, these books constitute the definitive reference work on the Ninth Amendment.
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