Professor of law at Boston University


Randy Barnett - Wikipedia, the free encyclopedia
"Randy E. Barnett (born 1952) is a lawyer, a law professor at Georgetown University Law Center, and a legal theorist in the United States. He is noted for his libertarian theory of law and his work on contract theory, constitutional law, and jurisprudence. ..."


Senior Fellow, Cato Institute

Web Sites
Includes biography, lists as well as text of many of Spooner's writings and correspondence, scholarly articles about Spooner and links to other resources
Related Topic: Lysander Spooner


Randy E. Barnett, Professor of Law
Boston University School of Law


A Bogus Libertarian Defense of War, by Sheldon Richman, Future of Freedom, Oct 2007
Examines Randy Barnett's Wall Street Journal article "Libertarians and the War" and a follow-up at the Volokh Conspiracy blog
"Barnett's ahistorical and rationalistic 'libertarian' defense of war turns out to be nothing of the kind. This is reinforced by the fact that he neglects the libertarian insight that war fortifies everything libertarians abhor: taxes, debt, jobbery, and violations of civil liberties such as privacy."
Related Topics: War, Murray N. Rothbard
Law, Property Rights, and Air Pollution, by Murray N. Rothbard, Cato Journal 2, 1982
Examines the principles of tort law, how to determine what is just property and how to deal with invasions of property such as air pollution
"Barnett points out, first, that most unsuccessful attempts at invasion result nevertheless in 'successful' though lesser invasion of person or property ... 'For example, attempted murder is usually an aggravated assault and battery, attempted armed robbery is usually an assault, attempted car theft or burglary is usually a trespass.'"


Keeping Libertarians Inside the Tent: Alienation avoidance, National Review Online, 22 Nov 2002
Responds to New York Times 16 Nov 2002 op-ed by John Miller complaining that Libertarians are "Democratic Party operatives" by offering suggestions that would make the Republican candidates more appealing to libertarian voters
"What would it take to attract more libertarian votes to the Republicans without alienating other members of the Republican coalition or moderate swing voters? ... a few suggestions ... Oppose intrusions into privacy ... Oppose intrusions upon the Bill of Rights ... Nominate more libertarian-conservative judges ... Care about federalism in the Congress ... Care more about the free market ... Back off Prohibition ..."
Kennedy's Libertarian Revolution: Lawrence's reach, National Review Online, 10 Jul 2003
Comments on the Supreme Court decision in Lawrence v. Texas invalidating sodomy laws and in particular on Justice Anthony Kennedy's majority opinion
"Contrary to what has been reported repeatedly in the press, the Court in Lawrence did not protect a 'right of privacy.' Rather, it protected 'liberty' — and without showing that the particular liberty in question is somehow 'fundamental.' ... Liberty, not privacy, pervades this opinion like none other, beginning with the very first paragraph ... Liberty is — and has always been — the properly defined exercise of freedom that does not violate the rights of others."

Books Authored

Restoring the Lost Constitution: The Presumption of Liberty, 2003
The Rights Retained by the People: The History and Meaning of the Ninth Amendment, 1989
The Rights Retained by the People: The Ninth Amendment and Constitutional Interpretation, Volume II, 1993
The Structure of Liberty: Justice and the Rule of Law, 1998
Online excerpts provided by Prof. Barnett at Boston University web site
Related Topic: Rule of Law