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23 Feb 2018, 11:16 am
Josh Blackman examined the flaws in the Article II analysis of Judge Roger Gregory concurring opinion in IRAP v. [read post]
22 Feb 2018, 7:24 am
"The Travel Ban, Article II, and the Nondelegation Doctrine": Josh Blackman has this post at the "Lawfare" blog. [read post]
21 Feb 2018, 6:39 pm
I have not previously evaluated this footnote at length, although I did locate this commentary by Josh Blackman expressing confusing over the footnote and whether it is consistent with the Court's jurisprudence.The footnote does not seem correct to me, as it would wreak havoc on equal protection law if it were the law. [read post]
21 Feb 2018, 6:39 pm
I have not previously evaluated this footnote at length, although I did locate this commentary by Josh Blackman expressing confusing over the footnote and whether it is consistent with the Court's jurisprudence.The footnote does not seem correct to me, as it would wreak havoc on equal protection law if it were the law. [read post]
17 Feb 2018, 4:36 am
” Josh Blackman shared his thoughts on the meaning of judicial resistance in the Trump administration. [read post]
16 Feb 2018, 2:10 pm
Josh Blackman explained how recent judicial decisions on Trump administration policy demonstrate the judiciary has learned to equilibrate between the president and the legal resistance. [read post]
16 Feb 2018, 11:52 am
On Tuesday, Judge Nicholas G. [read post]
15 Feb 2018, 10:00 am
., Josh Blackman, Understanding Sessions’s Justification to Rescind DACA, Lawfare (Jan. 16, 2018, 8:00 AM), https://www.lawfareblog.com/understanding-sessionss-justification-rescind-daca (arguing, based on an “admittedly charitable” reading of the Sessions Letter, that Regents erred by, among other things, failing to consider how the Attorney General’s independent duty to defend the Constitution supported his decision to recommend ending the DACA program). [read post]
14 Feb 2018, 5:37 am
Even Josh Blackman had enough with the use of the word “interesting” as a substitute for “idiotic. [read post]
13 Feb 2018, 1:02 pm
ICYMI: Yesterday on Lawfare Josh Blackman offered his thoughts on the meaning of judicial resistance in the Trump administration. [read post]
12 Feb 2018, 3:46 pm
There will be a brief break around 10:30Panelists: Josh Blackman, Erwin Chemerinsky, Richard Fallon, Mark Graber, Gary Jacobsohn, Sanford Levinson, Mark Tushnet Present by video: Sam Bray, Noah FeldmanChair: Richard AlbertLocation: Sheffield-Massey Room, with overflow in TNH 2.1381:45-2:00 Introduction to the general topic of civic education (and the remaining panels): Meira Levinson2:00 – 3:30 Historical Perspectives. [read post]
12 Feb 2018, 3:46 pm
There will be a brief break around 10:30Panelists: Josh Blackman, Erwin Chemerinsky, Richard Fallon, Mark Graber, Gary Jacobsohn, Sanford Levinson, Mark Tushnet Present by video: Sam Bray, Noah FeldmanChair: Richard AlbertLocation: Sheffield-Massey Room, with overflow in TNH 2.1381:45-2:00 Introduction to the general topic of civic education (and the remaining panels): Meira Levinson2:00 – 3:30 Historical Perspectives. [read post]
12 Feb 2018, 7:44 am
"On the Judicial Resistance": Josh Blackman has this post at the "Lawfare" blog. [read post]
8 Feb 2018, 12:04 pm
Throughout the Emoluments Clauses litigation (See Parts 1, 2, 3, 4, and 5), we have argued in amicus briefs filed with federal district courts in New York, the District of Columbia, and Maryland: that the complaints were each filed against the President exclusively in his "official" capacity, but the conduct plaintiffs are complaining about is not "official" conduct. [read post]
7 Feb 2018, 8:26 am
Throughout the Emoluments Clauses litigation (See Parts 1, 2, 3, 4, and 5), we have made three primary arguments in amicus briefs filed with federal district courts in New York, the District of Columbia, and Maryland: (i) that the payments at issue are not "emoluments"; (ii) that the President is not bound by the Foreign Emoluments Clause and its "Office . . . under [the United States]" language; and (iii) the complaints were each filed against the President exclusively in his… [read post]
6 Feb 2018, 8:30 am
Blackman attended. [read post]
26 Jan 2018, 2:38 am
We the People podcast also just hosted a debate between Lisa Manheim and Josh Blackman reviewing one year of President Trump and the Constitution. [read post]
25 Jan 2018, 8:01 pm
Josh Blackman is an Associate Professor of Law at the South Texas College of Law in Houston who specializes in constitutional law, the United States Supreme Court, and the intersection of law and technology. [read post]
25 Jan 2018, 3:02 am
Chenery II, fair notice and retroactivity [Aaron Nielson, Yale Journal on Regulation “Notice and Comment”; related, Josh Blackman] Federalist Society convention videos includes panels on the administrative state and agencies and the judiciary with Steven Calabresi and Gillian Metzger, Congress with C. [read post]
20 Jan 2018, 5:13 am
Josh Blackman analyzed Attorney General Jeff Sessions’s letter to the Department of Homeland Security about DACA. [read post]
