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12 Jul 2011, 7:15 am
Bernstein and Josh Blackman have this op-ed today in The Newark (N.J.) [read post]
12 Jul 2011, 5:42 am
Not for first time, Dahlia Lithwick misrepresents Wal-Mart case [Ponnuru, Whelan, earlier here and here] Merciful gods, please spare us ghastly “Caylee’s Law” proposal [Josh Blackman, Reuters, Greenfield, Frank] More on constitutional flaws [Robson, Tribe] Mark Perry on efforts to replace the relatively open-entry Washington, D.C. taxi system with NYC-style cartelization via medallion; “Wrongful Convictions: How many innocent Americans are behind bars? [read post]
8 Jul 2011, 8:17 am
Following up on this post, I was reading Josh Blackman’s post on yesterday’s Supreme Court per curiam opinion. [read post]
7 Jul 2011, 11:08 pm
Chicago, 26 J.L & POL. 273, 285–87 (2011); Josh Blackmun [sic, Blackman] & Ilya Shapiro, Keeping Pandora’s Box Sealed: Privileges or Immunities, The Constitution in 2020, and Properly Extending the Right to Keep and Bear Arms to the States, 8 GEO. [read post]
7 Jul 2011, 8:38 am
" That doesn't excuse the proposed populist movement for Caylee's Law, a likely unconstitutional overfederalization of crime that as Josh Blackman points out would make it a felony (felony!) [read post]
1 Jul 2011, 8:00 am
Knowing this will please readers, I wanted to share the news that Josh Blackman and Ari Waldman have kindly agreed to continue blogging in July. [read post]
29 Jun 2011, 7:24 am
Josh Blackman of Concurring Opinions compares OT2010 predictions by FantasySCOTUS and Tom Goldstein of this blog. [read post]
27 Jun 2011, 8:49 pm
This post was co-authored by Josh Blackman and Corey Carpenter. [read post]
27 Jun 2011, 9:42 am
EMA [Josh Blackman's Blog] [read post]
23 Jun 2011, 1:33 pm
(Thanks to several VC readers for alerting me to this, and especially to Josh Blackman for saving me the effort of finding all the Lochner references myself).Here’s Breyer:[1] “To apply a ‘heightened’ standard of review in such cases as a matter of course would risk what then-Justice Rehnquist, dissenting in Central Hudson, described as a ‘retur[n] to the bygone era of Lochner v. [read post]
23 Jun 2011, 12:01 am
Several bloggers (including Josh Blackman) have noted that the majority and the dissent cited the work of the late Richard Nagareda, who, while not a legal ethicist, wrote about class actions and aggregate litigation in ways that were interesting to our field. [read post]
22 Jun 2011, 7:15 am
Today, as the New York Times reports [HT: Josh Blackman], the migration is going the other way:The economic downturn has propelled a striking demographic shift: black New Yorkers, including many who are young and college educated, are heading south.About 17 percent of the African-Americans who moved to the South from other states in the past decade came from New York, far more than from any other state, according to census data. [read post]
21 Jun 2011, 6:17 am
Here’s a sample: ABA Journal (Debra Cassens Weiss) Above the Law (David Lat) Concurring Opinions (Josh Blackman) Concurring Opinions (Sergio Campos) How Appealing (Howard Bashman) National... [read post]
20 Jun 2011, 10:06 pm
Thanks to Josh Blackman’s remarkably prompt summary, you all know that the Supreme Court unanimously reversed in Wal-Mart v. [read post]
20 Jun 2011, 11:13 am
Josh Blackman summarizes Dukes here and AEP here. [read post]
20 Jun 2011, 11:00 am
(& welcome Real Clear Politics “Best of the Blogs”, Atlantic Wire, Nicole Neily/Daily Caller, Jon Hyman, SCOTUSBlog) More: Josh Blackman (with a comment on the Court’s recognition of the work of the late Richard Nagareda), Hans Bader, Jim Copland, John Steele Gordon. [read post]
20 Jun 2011, 7:28 am
Dukes [Josh Blackman]Earlier: Dukes Proving To Be a Hazard to Wal-Mart Can Legal Knowledge Help You Make Money in the Stock Market? [read post]
16 Jun 2011, 10:45 am
On this basis, the Court reversed and remanded the Third Circuit’s decision for consideration of Bond’s challenge to the statute under which she was charged.Justice Ginsburg also wrote a concurring opinion, joined by Justice Breyer, emphasizing the point that “Bond, like any other defendant, has a personal right not to be convicted under a constitutionally invalid law, and that there is no prudential barrier to the consideration of such claims.UPDATE: More from Josh… [read post]
11 Jun 2011, 2:26 pm
Please discuss, in the comments.Investment disclosure [Point of Law] Further thoughts on the Wal-Mart market bet [Point of Law] Betting against the market on lawsuits [Truth on the Market (Larry Ribstein)] Supreme Court Information Markets, Timing the Stock Market, and Ted Frank Putting his Money where Mouth Is [Josh Blackman] Class action gadfly Ted Frank puts his money where his mouth is [Thomson Reuters News & Insight] Tort Reform Advocate Makes Stock Bet on Wal-Mart Win… [read post]
10 Jun 2011, 6:07 am
Over at Concurring Opinion Josh Blackman takes a first whack at understanding what the recent Sykes decision means for judges' approach toward statistical evidence. [read post]
