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24 Jul 2019, 8:26 am
” Josh Blackman has this post at “The Volokh Conspiracy. [read post]
24 Jul 2019, 6:00 am
[DOJ (Quietly) Prefers Justice Thomas’s Approach from Murphy v. [read post]
23 Jul 2019, 6:00 am
[The Structure of NFIB v. [read post]
22 Jul 2019, 3:05 pm
“Originalism and Stare Decisis in the Lower Courts”: Law professor Josh Blackman has posted this interesting essay online at SSRN. [read post]
22 Jul 2019, 1:44 pm
[When and How Can Lower-Court Judges Be Originalists?] [read post]
22 Jul 2019, 7:32 am
U.S. are injured by the mandate”: Josh Blackman has this post at “The Volokh Conspiracy,” where Josh is now a full-fledged co-blogger. [read post]
22 Jul 2019, 7:00 am
[If the Private Plaintiffs in NFIB v. [read post]
21 Jul 2019, 8:03 pm
Josh Blackman of the South Texas College of Law will be joining our blog. [read post]
9 Jul 2019, 9:01 pm
What about the rationale—first offered with appropriate tentativeness by Professor Josh Blackman and lately echoed with inappropriate certitude in aWall Street Journal op-ed by lawyers David Rivkin and Gilson Gray—that the administration needs census-generated citizenship data to enforce Section 2 of the Fourteenth Amendment? [read post]
9 Jul 2019, 6:00 am
On Lawfare, Jack Goldsmith and Josh Blackman have argued that Mueller’s application of the obstruction statutes to presidential conduct facially authorized by Article II is deeply flawed. [read post]
8 Jul 2019, 8:09 pm
[A quick round up and response to Josh Blackman and Randy Barnett] Tomorrow at 1pm Central (2pm Eastern), the U.S. [read post]
8 Jul 2019, 8:28 am
” Randy Barnett and Josh Blackman have this post at “The Volokh Conspiracy,” along with a related post titled “NFIB v. [read post]
8 Jul 2019, 7:30 am
[Severability doctrine & the ACA findings seem to support Judge O'Connor's ruling] In two previous posts here and here, Josh Blackman and I contended that Judge O'Connor's conclusion that the individual insurance mandate is unconstitutional is correct. [read post]
8 Jul 2019, 6:30 am
[An important element of standing has already been decided by the Court] [Note: This post was coauthored with Professor Josh Blackman.] [read post]
7 Jul 2019, 9:40 pm
Sebelius] [Note: This post was coauthored with Professor Josh Blackman.] [read post]
5 Jul 2019, 7:43 am
In a series of coauthored blog posts, Professor Josh Blackman and I will maintain that, with respect to the first of these issues, the conventional wisdom of law professors is wrong once again, and wrong for the same reason as last time: these professors have read existing Commerce and Necessary and Proper Clause doctrines as they wish them to be, not as they actually are. [read post]
26 Jun 2019, 1:11 pm
University of South Texas College of Law Houston, Josh Blackman, told the Times: “Justice Thomas, more than any other justice, is willing to revisit and reverse old precedents that are inconsistent with the Constitution’s original meaning. [read post]
19 Jun 2019, 9:05 pm
More: anecdotes of Reich at Yale from Supreme Court Justice Sam Alito, via Josh Blackman. [read post]
17 Jun 2019, 5:01 am
Josh Blackman, who has commented extensively on the Rule 8.4(g) debates, passes this along: In 2016, the American Bar Association proposed Model Rule 8.4(g). [read post]
14 Jun 2019, 4:18 am
“Rule 8.4(g) is well-intentioned, but it has the potential to suppress attorney speech on matters of public concern, if that speech may be viewed as ‘demeaning’ to others,” Josh Blackman, a professor of constitutional law at the South Texas College of Law in Houston, said in an email. [read post]
