Randy E. Barnett

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About Randy E. Barnett
Randy E. Barnett is the Patrick Hotung Professor of Constitutional Law at the Georgetown University Law Center, where he teaches constitutional law and contracts, and is the Faculty 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 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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Books By Randy E. Barnett
Adopted in 1868, the Fourteenth Amendment profoundly changed the Constitution, giving the federal judiciary and Congress new powers to protect the fundamental rights of individuals from being violated by the states. Yet, according to Randy Barnett and Evan Bernick, the Supreme Court has long misunderstood or ignored the original meaning of the amendment’s key clauses, covering the privileges and immunities of citizenship, due process of law, and the equal protection of the laws.
Barnett and Bernick contend that the Fourteenth Amendment was the culmination of decades of debates about the meaning of the antebellum Constitution. Antislavery advocates advanced arguments informed by natural rights, the Declaration of Independence, and the common law. They also utilized what is today called public-meaning originalism. Although their arguments lost in the courts, the Republican Party was formed to advance an antislavery political agenda, eventually bringing about abolition. Then, when abolition alone proved insufficient to thwart Southern repression and provide for civil equality, the Fourteenth Amendment was enacted. It went beyond abolition to enshrine in the Constitution the concept of Republican citizenship and granted Congress power to protect fundamental rights and ensure equality before the law. Finally, Congress used its powers to pass Reconstruction-era civil rights laws that tell us much about the original scope of the amendment.
With evenhanded attention to primary sources, The Original Meaning of the Fourteenth Amendment shows how the principles of the Declaration eventually came to modify the Constitution and proposes workable doctrines for implementing the key provisions of Section 1 of the Fourteenth Amendment.
Buy a new version of this book and receive access to the video series that accompanies the text hosted on CasebookConnect.com.
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 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 binge-watch the entire canon of constitutional law in about twelve hours.
To receive access to the video series you must purchase a new version of the book.
Buy a new version of this textbook and receive access to the Connected eBook with Study Center on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks.
Constitutional Law: Cases in Context 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.
New to the Fourth Edition:
- New unit on Criminal Procedure cases taught from the perspective of constitutional law.
- Integrated with twelve-hour video library that brings Supreme Court cases to life
- Includes decisions from the Roberts Court through June 2021
Professors and student will benefit from:
- An online library of sixty-three videos (access codes provided with purchase of the book) brings the Supreme Court’s most important decisions to life.
- The casebook is published in two paperback “splits.” The first split can be used for Constitutional Law I (Structure). The second split can be used for Constitutional Law II (Rights). The splits sell for half the price of the hardcover casebook.
- A highly accessible and engaging structure that examines the competing narratives that pervade the development of American constitutional law since the founding.
- Related cases that are grouped together into assignments making it simple for professors to construct syllabi, and assign students a reasonable amount of reading for each topic.
- A wealth of photographs, maps, and primary documents to bring the cases to life.
- A new supplement for Fall 2021 that includes all cases from the recently-concluded Supreme Court term.
Teaching materials Include:
- An extensive Teacher’s Manual that provides guidance to teachers, old and new, to increase the effectiveness of their instruction.
- A series of short, focused, two-minute videos about each case in the book feature the authors discussing the facts, posture, analysis, and holding of the case.
Contracts: Cases and Doctrine 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 provide additional context.
The Seventh Edition has been edited to delete materials that are seldom covered in a 1L class. This edition adds new cases that have been chosen for their topicality, facts, or pedagogical usefulness. New areas covered include so-called “smart contracts” and the relationship between restitution and contract. As always, we have tried to focus on cases with facts that will be easier to teach. New cases in this edition include a contract with a spy that turns out to be a double agent for the KGB, the effect of pandemics on contractual obligations, the gambling shenanigans of a royal prince, and emotional support animals.
New to the Seventh Edition:
- In order to keep the size of the book manageable, we have eliminated the section on the signature requirement under the statute of frauds and have slimmed down the materials on internet contracting, which is no longer the “cutting edge” area that once it was.
- New cases include:
- Attorney General v. Blake (restitution damages for breach of contract against a British spy who defected to the USSR)
- Snepp v. United States (squib) (constructive trust against an American spy for breach of contract)
- Al-Ibrahim v. Edde (denied an unjust enrichment remedy to unwind a contact declared unenforceable for illegality)
- Pelletier v. Johnson (claim for unjust enrichment allowed to unwind a contract declared unenforceable for illegality)
- Carter Baron Drilling v. Badger Oil Corp. (discussing the parole evidence rule under the UCC)
- C.R. Klewin Inc. v. Flagship Properties, Inc. (the exception to the 1-year requirement under the statute of frauds)
- Cohen v. Clark (case imposing liability on a breaching party that everyone agrees breached in “good faith”; illustrates the strictness of contractual liability)
- Hanford v. Connecticut Fair Ass’n, Inc. (public policy exception for public health in time of a pandemic)
- B2C2 Ltd v. Quoine Ltd Pte (unilateral mistake case dealing with “smart contracts”)
Professors and student will benefit from:
- Case-based approach that gives students ample doctrinal materials to sift through for facts and analyze for prevailing rules and theory.
- Cases that are lightly edited, or presented as whole as possible, to give first-year students the opportunity to develop case-analysis skills.
- Restatement and UCC sections integrated to encourage students to consult them as they read the cases.
- Iconic and contemporary cases combined to show how the classic cases are still relevant.
- Chapters that begin with a brief, accessible textual introductions.
Interesting and informative, Perspectives on Contract Law is an anthology of legal scholarship that presents both seminal and cutting-edge writing by luminaries in the field. Featuring selections from a new generation of contracts scholars including Steven J. Burton, Nathan B. Oman, Margaret Radin, and more, along with additional content by Alan Schwartz and Robert E. Scott, this text offers a diversity of articles that reflect a variety of contact theorists and perspectives. Created with the first-year law student in mind, this text provides introductory text and Study Guides that frame each article and helpfully suggest salient themes. A logical and modular organization make this reader suitable for use alongside any contracts casebook.
Buy a new version of this textbook and receive access to the Connected eBook with Study Center on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks
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 ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources.
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 ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources.
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.
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.
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