Check out this interesting panel at Georgetown Law next week. I will be attending the Federalist Society National Lawyers Convention, but may duck out to attend this fascinating panel. If I do, I will liveblog here.
| WHAT: | “A Vain and Idle Enactment: Could McDonald v. Chicago Un-Slaughter the Privileges or Immunities Clause?” |
| WHEN: | Friday, November 13, 2009, 12:30 – 2:30 p.m. |
| WHERE: | Georgetown University Law Center
McDonough Hall – Hart Auditorium 600 New Jersey Avenue, NW Washington, D.C. 20001 |
| PANELISTS: | Alan Gura, Partner, Gura & Possessky, PLLC; Lead Counsel, District of Columbia v. Heller; Lead Counsel, McDonald v. Chicago; Georgetown Law Class of 1995
Randy Barnett, Carmack Waterhouse Professor of Legal Theory, Georgetown University Law Center Kurt Lash, James P. Bradley Chair of Constitutional Law, Loyola Law School; Author, The Origins of the Privileges or Immunities Clause (Georgetown Law Journal, forthcoming) David Gans, Program Director, Constitutional Accountability Center; Author, The Gem of the Constitution: The Text and History of the Privileges or Immunities Clause of the Fourteenth Amendme |

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November 6, 2009 at 12:39 pm
VC has an entry on this subject, but Randy Barnett does not allow comments (which makes his posts mostly useless). So let me ask three questions that I would have asked if he did:
1. Who opposes giving P&I a robust meaning?
2. Does P&I incorporate all of the Bill of Rights (per Michael Curtis’ “No State Shall Abridge: The Fourteenth Amendment and the Bill of Rights”)?
3. Regardless of the answer to No. 2, how do you determine what is a privilege or immunity?
November 6, 2009 at 12:41 pm
I co-authoring with Ilya Shapiro from Cato that addresses these 3 points. I’ll have a draft on SSRN within the next week or two.
November 6, 2009 at 1:24 pm
Since Barnett does not take questions from us unwashed commenters, could you ask him mine, please?
November 6, 2009 at 1:47 pm
How bout I repost all of Barnett’s comments here, and invite Volokh Bloggers to comment on my blog
November 6, 2009 at 1:56 pm
Yes!
November 6, 2009 at 1:58 pm
I think I’ll call it, “Reposting Randy.” Now… how to apprise the regular Volokh Conspirators about it?
November 6, 2009 at 2:14 pm
Just hijack a thread of a friendly blogger (Kerr? Anderson?) and post the info. To keep your post from being deleted, also include some decently substantive comment about the subject of the thread.