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13 Mar 2017, 10:45 am
The New York Times reports that the Trump administration is looking into loosening Obama-era constraints intended to prevent civilian deaths from counterterrorism missions outside conventional war zones. [read post]
9 May 2017, 6:20 am
As Josh Blackman noted here, the myriad variables at work in those cases customarily require greater flexibility for the political branches. [read post]
3 Jan 2018, 6:00 am
(See Lawfare analysis of the opinion from Peter Margulies and Josh Blackman.) [read post]
28 Nov 2017, 5:39 am
Readers interested in a broad conversation could read Jack Balkin, Mark Tushnet, Ilya Somin, Josh Blackman, Neil Siegel, and David Super, as well as a responseto my initial essay from Calabresi and Hirji themselves. [read post]
14 Feb 2017, 10:23 am
Michael T. [read post]
26 May 2017, 10:15 am
(See Josh Blackman’s post here.) [read post]
19 Jul 2021, 10:38 am
Either deferred action assisted noncitizens who had a clear path to a formal legal status—acting as a "bridge" to that status in Josh Blackman's phrase—or it involved small groups. [read post]
26 Feb 2018, 4:00 am
As Josh Blackman has pointed out, those judicial opinions have not grappled with the Sessions letter and the administration’s constitutional justification for ending DACA. [read post]
17 Dec 2018, 5:00 am
Josh Blackman (South Texas College of Law). [read post]
7 Aug 2023, 9:56 pm
[Survey data casts doubt on the textualist rationale for the major questions doctrine that I and others have advanced. [read post]
13 Nov 2020, 4:32 am
The Texas SG noted that the United States is a defendant in the ACA case (as has Josh Blackman in a previous post). [read post]
1 Jul 2024, 9:02 pm
Josh Blackman, an originalist scholar, titled a blog post: “Rahimi, Meenie, Miney, Mo; After Only Two Years Bruen’s Gotta Go. [read post]
6 Jul 2018, 5:18 am
Even the scholars most sympathetic to the administration’s legal defense of the proclamation—like Josh Blackman, for example—take pains not to defend the policy itself. [read post]
25 Apr 2018, 12:26 pm
Later, Josh Blackman, a professor at South Texas College of Law in Houston and frequent observer of the court, will tweet a picture of the Miranda autograph he got before the argument on his pocket copy of the U.S. [read post]
18 Feb 2015, 8:00 am
(Full disclosure: I was co-counsel on an amicus brief by the Cato Institute; see here for Cato’s take on the decision, and here for the take of co-counsel Josh Blackman). [read post]
3 Dec 2014, 2:22 pm
(Essential) iphonejd.com/iphone_jd Josh Blackman’s Blog (Irreverent) joshblackman.com/blog Law Blog (Newsworthy) blogs.wsj.com/law Lawyerist (Thought-provoking) lawyerist.com The Legal Watercooler (A personal favorite) legalwatercoolerblog.com Lowering the Bar (Funny) loweringthebar.net On Reserve: A Wine Law Blog (Way too technical for my liking, but interesting niche.) winelawonreserve.com 3 Geeks and a Law Blog (Insightful) geeklawblog.com Happy Holidays! [read post]
8 Apr 2024, 9:01 pm
Professor Josh Blackman raised this question shortly after the Supreme Court overruled the federal constitutional right to abortion in what he titled a set of “tentative thoughts,” later clarifying (in a co-authored law review article and a solo blog post) that he did not mean to imply that liberal Jews could not have sincere religious objections.The Indiana court found no obstacle to the Jewish plaintiffs’ state RFRA claim—and rightly so. [read post]
3 Mar 2010, 7:40 am
Josh Blackman has a recap at his blog, while Gerard Magliocca at Concurring Opinions highlights a few key moments from what he characterizes as an otherwise “dull” argument. [read post]
20 Mar 2021, 3:08 pm
" As co-blogger Josh Blackman notes, the Biden administration Treasury Department seems to have adopted the latter position, which is more generous to states than the former. [read post]
30 Apr 2014, 2:00 pm
” Josh Blackman reaches a similar result, though stresses some things differently, and focuses just on the testimony. [read post]
