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13 Oct 2013, 4:26 pm by pscamp01
Long time Harlan scholar Josh Blackman, along with Brian Frye and Michael McCloskey have published an edited and footnoted copy of the transcriptions in George Washington University Law School’s online journal Arguendo. [read post]
13 Oct 2013, 3:55 am by Walter Olson
Some additional commentary: Joy Pullmann/Heartland, Josh Blackman. [read post]
3 Oct 2013, 8:51 am by Walter Olson
Clark Neily has just published Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government (more), Ilya Somin has just published Democracy and Political Ignorance: Why Smaller Government Is Smarter (review), and Josh Blackman has just published Unprecedented: The Constitutional Challenge to Obamacare (review; triple mini-review by Tim Sandefur of all three books with preview of two more). [read post]
19 Sep 2013, 1:23 pm by Ilya Somin
(Ilya Somin) Various commentators such as Garrett Epps, Mark Tushnet, and recent guest-blogger Josh Blackman argue that there is a generational divide among right of center jurists between Reaganite advocates of “judicial restraint” and younger, more libertarian figures who are less willing to defer to legislatures and more eager to strike down laws they consider unconstitutional. [read post]
16 Sep 2013, 9:51 pm by Josh Blackman, guest-blogging
(Josh Blackman, guest-blogging) My many thanks to Eugene for allowing me a guest stay here at the Volokh Conspiracy to blog about Unprecedented. [read post]
16 Sep 2013, 1:57 pm by Josh Blackman, guest-blogging
(Josh Blackman, guest-blogging) During the debates over the Affordable Care Act, a common criticism of the challengers was that the commerce-clause based attack was really a liberty-based challenge in structural clothes. [read post]
16 Sep 2013, 1:11 pm by Josh Blackman, guest-blogging
(Josh Blackman, guest-blogging) Garrett Epps has a fascinating read in the American Prospect on the Roberts Court, that explores the dichotomy among conservatives on the Court: between those who came of age during the Reagan Administration (dedicated to judicial restraint), and those who have embraced the modern era (with a stronger focus on judicial engagement). [read post]
16 Sep 2013, 6:40 am by Josh Blackman, guest-blogging
(Josh Blackman, guest-blogging) One of the more remarkable aspects of the three-year long constitutional challenge to Obamacare is how the legal arguments against the law unfolded before our eyes in real time–many of them right here on the Volokh Conspiracy. [read post]
13 Sep 2013, 6:17 am by David Lat
[Corporate Counsel] * Praise in the WSJ for Unprecedented: The Constitutional Challenge to Obamacare (affiliate link), the new book by Professor Josh Blackman (who recently wrote a guest post for us on Supreme Court beauty contests). [read post]
12 Sep 2013, 8:10 pm by Josh Blackman, guest-blogging
(Josh Blackman, guest-blogging) One of the first governors to push back against the Medicaid expansion was Arizona Governor Jan Brewer. [read post]
11 Sep 2013, 7:14 pm by Josh Blackman, guest-blogging
… Both Virginia Attorney General Ken Cuccinelli, a key leader of the state fight, and South Texas College of Law professor Josh Blackman argue that the majority opinion written by Mr. [read post]
11 Sep 2013, 1:44 pm by Kali Borkoski
 Adam Liptak of The New York Times will serve as the moderator for the panel, which will also include Michael Carvin, Greg Katsas, Erin Murphy, Paul Smith, Alan Morrison, Randy Barnett, and Josh Blackman. [read post]
10 Sep 2013, 1:22 pm by Josh Blackman, guest-blogging
(Josh Blackman, guest-blogging) Over the last two decades, a dedicated Supreme Court bar has gained prominence, focusing on arguing the increasingly few cases before the justices each term. [read post]
10 Sep 2013, 11:06 am by Josh Blackman
Josh Blackman, author of Unprecedented: The Constitutional Challenge to Obamacare, reveals all. [read post]
10 Sep 2013, 7:29 am by Josh Blackman, guest-blogging
(Josh Blackman, guest-blogging) Randy Barnett had many critical roles in the constitutional challenge to Obamacare (Disclosure: Barnett wrote the foreword for my book). [read post]
10 Sep 2013, 5:25 am by Josh Blackman, guest-blogging
(Josh Blackman, guest-blogging) Unprecedented officially comes out today. [read post]