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2 Sep 2014, 4:05 pm by Steve Bainbridge
Josh Blackman tweets a link to a post he wrote on how the debate between positive and negative rights has played out in the debate over Obamacare: Halbig and Two Conceptions of Liberty: At its core,... [[ This is a content summary only. [read post]
29 Aug 2014, 5:42 am by Howard Wasserman
As usual, there is the debate about whether this is Posner being a bully (Josh Blackman says yes) or Posner being Posner and attacking bad legal arguments and bad lawyering (in fairness to Josh's viewpoint, Posner does not give the lawyers room to answer in real detail). [read post]
21 Aug 2014, 8:11 pm
In a report issued earlier today, the federal government’s Government Accountability Office concludes that the Obama administration violated a “clear and unambiguous law” when it exchanged five high-ranking Taliban leaders for captured US soldier Bowe Bergdahl without first giving Congress 30 days advance notice, as required by the 2014 National Defense Appropriations Act [HT: Josh Blackman, who has a good post on the subject here]: In our view, the meaning of… [read post]
19 Aug 2014, 6:49 pm
"HT to my Mason Law classmate, Josh Blackman, for the links. [read post]
1 Aug 2014, 4:30 am by Steve Clowney
Josh Blackman follows the money: In my last post on #AspenGate, I noted that there were two versions of the 8th Edition of Dukeminier for sale: the traditional print version that you can keep ($223 with the ISBN of 9781454851363)... [read post]
30 Jul 2014, 9:41 am by David Kravets
Josh Blackman's Blog A legal scholar says he and colleagues have developed an algorithm that can predict, with 70 percent accuracy, whether the US Supreme Court will uphold or reverse the lower-court decision before it. [read post]
24 Jul 2014, 6:42 am
UPDATE: Josh Blackman has a good post on claims that the Halbig case is based on “frivolous” arguments here. [read post]
21 Jul 2014, 4:30 am by Steve Clowney
Josh Blackman continues to stay on top of the doings at Aspen: After I declared a partial victory in #AspenGate, I decided to stay with the 7th edition of the excellent property book, Dukeminier & Krier. [read post]
17 Jul 2014, 2:11 pm by Federalist Society
To discuss the case, we have Josh Blackman, who is an Assistant Professor of Law at South Texas College of Law. [read post]
1 Jul 2014, 2:03 pm by Joe Patrice
[Lowering the Bar] * The Washington Post credits blogger Josh Blackman with coining the term “benchslap. [read post]
30 Jun 2014, 4:48 am by SHG
Josh Blackman, who has been on the Supreme Court’s abortion protest buffer zone speech restriction case, McCullen v. [read post]
26 Jun 2014, 6:46 pm
 The Obama Administration and its government-by-Friday-afternoon-blogpost (h/t Josh Blackman) announcing changes to  the ACA seems predicating on the very radical legal theory that “if we can get away with it because no one has standing to challenge it, then in effect it’s legal. [read post]
26 Jun 2014, 4:40 am by SHG
As descriptions and commentary already abound as to the opinion itself, with Orin Kerr and Josh Blackman doing yeoman’s work, together with about a million others, lawyers, lawprofs, non-lawyers, flounder fishermen, chiming in, there is no point in repeating what others have already said. [read post]
24 Jun 2014, 4:33 am by SHG
Josh Blackman parses the decision, and concludes that it’s technically sound: I should stress, strenuously, that I think these policies are out-of-date, and likely an unconstitutional abridgment of the First Amendment. [read post]
23 Jun 2014, 4:26 am by SHG
When Josh Blackman noted the article in Vanderbilt Law Review, he felt it necessary to say that Judge J. [read post]
16 Jun 2014, 9:05 pm by Walter Olson
Weekly] Hope for Camden students has come not from New Jersey’s massive Abbott school funding litigation, but from charters [Jim Epstein, Reason] “Schools have been getting less violent over the last 20 years,” much less violent in fact [Timothy Lee, Vox, Jesse Walker, Reason, Josh Blackman and Shelby Baird, SSRN, on the "shooting cycle"] Arnold Kling writes a commencement speech: “I am going to talk about community service … and why… [read post]