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15 Aug 2020, 3:00 pm by JB
Josh Blackman, James Phillips, and John Yoo argue that a federal mandate to wear masks to prevent the spread of coronavirus would be unconstitutional under NFIB v. [read post]
30 Mar 2015, 6:05 pm by Howard Friedman
 And the statute specifically provides that it does not create a cause of action against a private employer by any applicant, employee or former employee.For other commentaries on IRFRA, see Josh Blackman's Blog and the postings to which he links. [read post]
16 May 2018, 4:38 am by David E. Bernstein
In correspondence initiated by Simkovic, I suggested that he correct an earlier post insinuating that allegations for racism against South Texas lawprof Josh Blackman and Cornell lawprof had merit. [read post]
9 Apr 2020, 12:16 pm by Derek T. Muller
Gore).In short-fuse election law cases, however, there’s nothing unusual with the decision to issue an order or an opinion related to an order without identifying the author.UPDATE: Josh Blackman has similar thoughts here. [read post]
20 Oct 2023, 9:30 pm by Karen Tani
”  Presenters include Josh Blackman, Mark Graber, Kurt Lash, and Eric Segall, q.v. this. [read post]
9 Feb 2024, 3:48 pm by Josh Blackman
The Tillman-Blackman Approach From the earliest days, Tillman and I recognized a way that would reconcile the state's power to regulate local officials and national officials. [read post]
11 May 2022, 6:20 am by Josh Blackman
Now, Josh Gerstein and Alexander Ward share a byline with Ryan Lizza, who is the Chief Washington correspondent. [read post]
23 Oct 2020, 9:05 pm by Peter Jacobs
In a recent article in Law and Contemporary Problems, Josh Blackman of the South Texas College of Law Houston details his years-long battle advocating the right to distribute design schematics for 3D-printed guns. [read post]
5 Dec 2022, 4:29 pm by Mark Walsh
The reserved Josh Blackman I know is probably embarrassed a little by all this attention to his brief. [read post]
15 May 2020, 3:56 am by Edith Roberts
” At Reason’s Volokh Conspiracy blog, Josh Blackman points to “a non-jurisdictional problem” in Baca. [read post]
1 Apr 2024, 4:00 am by Michael C. Dorf
There you can find:(1) Josh Blackman arguing that "Clarke is rightly decided" and also contending (although its relevance is not immediately evident), that "the President is not an Officer of the United States;" (2) David Kopel explaining why, in his view, "the Fifth Circuit's Clarke opinion does not go nearly far enough because the Second Amendment properly understood protects a right to duel even outside the rules of the Code… [read post]
28 May 2024, 6:47 pm by Josh Blackman
[The latest reporting from the New York Times intersections with Free Speech cases. ] Jodi Kantor of the New York Times has a new report that dives deeper into the Alito flag flap. [read post]
22 Apr 2025, 8:38 am by Josh Blackman
[It is clear the Court decided "economic" liberty cases in this period, but what about "personal" liberty due process cases, apart from the First Amendment?] [read post]
23 Dec 2021, 11:13 am by Josh Blackman
[President Biden would be presiding over the prosecution of his most-likely 2024 opponent. ] In the New York Times, Laurence Tribe and two others urge Merrick Garland to prosecute Donald Trump for his role in the events of January 6, 2021. [read post]
20 Apr 2023, 11:08 am by Josh Blackman
["If the ABA does not arrest its progressive lurch, the organization risks its own obsolescence. [read post]
9 Dec 2021, 10:25 pm by Josh Blackman
[President Biden's decision to permit the congressional investigation of the 2020 election's aftermath will invariably affect the 2024 election.] [read post]
28 Apr 2022, 8:45 am by Josh Blackman
[Six decades ago, a young Stephen Breyer clerked for Justice Goldberg on a very, very different Supreme Court. ] Today the Supreme Court decided Cummings v. [read post]
10 Apr 2025, 5:38 pm by Josh Blackman
[The Trump Administration didn't lose but it didn't quite win either. ] Another day, another shadow docket compromise. [read post]
21 May 2025, 7:17 pm by Josh Blackman
["[U]pon the filing of a Petition for Writ of Habeas Corpus . . . the Government/Respondents, including all those acting for them or on their behalf, are ENJOINED and RESTRAINED from removing Petitioners in such cases from the continental United States"] A lawyer flagged a new standing order from the District of Maryland. [read post]