| Randy Barnett |
Article Index for Randy |
Website Links For Randy |
Information AboutRandy Barnett |
|
Randy E. Barnett is a lawyer, law professor at Boston University , and legal theorist in the United States , noted for his Libertarian Theory Of Law and his work on Contract Theory and Constitutional Law and theory. After attending Northwestern University in Evanston, Illinois and Harvard Law School in Cambridge, Massachusettss, Barnett worked as a State's Attorney ( Prosecutor ) in Chicago , Illinois. Barnett initially taught at the Chicago-Kent College Of Law of the Illinois Institute Of Technology ; he later became the Austin B. Fletcher Professor of Law at Boston University where he serves as the faculty adviser for the Federalist Society . Barnett has also twice been a Visiting Professor of Law at Harvard Law School. He was a visiting professor of law at Georgetown University Law Center for the Fall 2005 term. He is a Senior Fellow of the Cato Institute and the Goldwater Institute . His book,''The Structure of Liberty'' was awarded the Ralph Gregory Elliot Book in 1998. ''THE STRUCTURE OF LIBERTY'' ''Main article:'' The Structure Of Liberty '' The Structure Of Liberty '' is a book by Legal Theorist Randy Barnett which offers a Libertarian theory of law and politics. Barnett calls his theory ''the liberal conception of justice'', emphasizing the relationship between legal libertarianism and Classical Liberalism . This theory is, perhaps, less libertarian than it is Anarcho-capitalist . Barnett holds that private adjudication and enforcement of law, with Market Forces eliminating inefficiencies and inequities, is the only legal system that would provide adequate solutions to the problems of interest, power, and knowledge. There have been a number of criticisms and reviews of Barnett's theory, including:
CONSTITUTIONAL THEORY Barnett has also done work on the theory of the United States Constitution , culminating in his book Restoring The Lost Constitution . He argues for an Originalist theory of Constitutional Interpretation , and for constitutional construction based on a Presumption Of Liberty . Barnett is also a lead lawyer for the plaintiffs in '' Gonzales V. Raich '', which won a victory before the Ninth Circuit , ruling that federal action against legal Marijuana patients violated the Commerce Clause. Barnett's side, however, lost when the Supreme Court ruled on June 6 , 2005 that Congress had the power to prevent states from legalizing Medical Marijuana . Barnett is also known for his work on the history and original meaning of the Second and Ninth Amendment s to the United States Constitution. Barnett is a leading proponent of the view that the "rights retained by the people" in the Ninth Amendment are judicially enforceable (through the presumption of liberty). He has also advanced the view that the Second Amendment protects an individual right to bear arms, albeit one subject to regulation by Congress through Article I Sec. 8 Cl. 16. CONTRACT THEORY Barnett is also known for his work in contract theory. In that field he has advanced a distinctive theory of contract formation that emphasizes the intention to be bound as the key to contract law. He is also known for his work on the idea of a Default Rule , i.e. a rule of contract law that binds the parties if their contract does not cover the eventuality or condition that is the subject of the default rule. BIOGRAPHICAL INFORMATION Barnett is married to Beth Barnett and has one son and one daughter. His son Gary Barnett attends Boston University. His daughter Laura Barnett is currently living in Washington, D.C. and works for the Institute for Humane Studies . BIBLIOGRAPHY Books
Articles
SEE ALSO
EXTERNAL LINKS |