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26 Oct 2020, 4:00 am by Josh Blackman
10/26/1774: First Continental Congress ends its first session in Philadelphia. [read post]
26 Oct 2020, 4:00 am by Josh Blackman
10/26/1774: First Continental Congress ends its first session in Philadelphia. [read post]
25 Oct 2020, 8:56 am by Howard Wasserman
The opening paragraph of this Fifth Circuit opinion by Judge Costa accurately describes judicial review (H/T: Josh Blackman): It is often said that courts “strike down” laws when ruling them unconstitutional. [read post]
25 Oct 2020, 4:00 am by Josh Blackman
10/25/1795: Justice John Blair resigns from the Supreme Court. [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]
23 Oct 2020, 8:56 pm by Josh Blackman
REV. 457 (highlighting the segregationist laws still present in the codes of several states); see also Josh Blackman, The Irrepressible Myth of Cooper v. [read post]
23 Oct 2020, 8:56 pm by Josh Blackman
REV. 457 (highlighting the segregationist laws still present in the codes of several states); see also Josh Blackman, The Irrepressible Myth of Cooper v. [read post]
22 Oct 2020, 7:05 pm by Ilya Somin
For all these reasons, unlike Josh Blackman, I am skeptical of claims that Biden wants to establish a commission so that it will recommend court-packing, and thereby somehow legitimize the idea. [read post]
22 Oct 2020, 2:33 pm by Josh Blackman
[A future message from the Biden-Harris Transition Team. ] From: The Biden-Harris Transition Team To: Bipartisan Constitutional Scholars Date: November 4, 2020 Re: The Garland Commission   President-Elect Biden is honored to invite you to join the Biden-Harris Transition Team. [read post]
22 Oct 2020, 6:00 am by Josh Blackman
[The Wilson appointee presided over the sedition trial of Eugene Debs and declared unconstitutional the Village of Euclid's zoning code ] Most District Court judges can spend their entire careers without the Supreme Court reviewing one of their decisions. [read post]
21 Oct 2020, 5:00 pm by Josh Blackman
[Yick Wo, Plessy, and Village of Euclid] Class 18: The Scope of the 14th Amendment III – The Equal Protection Clause Yick Wo v. [read post]
21 Oct 2020, 12:46 pm by Josh Blackman
[Doug Kmiec writes that his former student, Amy Coney, "deftly answered" questions about the Rule Against Perpetuities.] [read post]