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11 Jul 2024, 10:39 pm by Josh Blackman
[A guest post from Professor Rob Natelson] [I am pleased to pass along this guest post from Professor Rob Natelson, a leading originalist scholar whose work is frequently cited in Supreme Court opinions.] [read post]
11 Jul 2024, 4:43 am by CrimProf BlogEditor
Josh Blackman has this post, commenting on the Grants Pass case, at The Volokh Conspiracy. [read post]
11 Jul 2024, 4:00 am by Josh Blackman
7/11/1921: Chief Justice William Howard Taft takes oath. [read post]
10 Jul 2024, 4:00 am by Josh Blackman
7/10/1832: President Jackson vetoes the bill to recharter the Second Bank of the United States. [read post]
10 Jul 2024, 3:59 am by SHG
As Josh Blackman argues, there is a difference between criminalizing conduct and criminalizing a status. [read post]
9 Jul 2024, 10:00 am by Josh Blackman
[Justice Gorsuch's majority opinion in Grants Pass leaned heavily on cert-stage and merit-stage amicus briefs from progressive jurisdictions.] [read post]
9 Jul 2024, 8:00 am by Josh Blackman
[Even if an erroneous precedent cannot be overruled, isolate the damage, and decline to extend it to new circumstances.] [read post]
9 Jul 2024, 8:00 am by Josh Blackman
[This issue arose when VP Pence asserted immunity under the Speech or Debate Clause.] [read post]
9 Jul 2024, 7:42 am by Guest Author
(With apologies to Josh Blackman, the usage of “Loper” as shorthand is already widespread, and I will follow suit). [read post]
9 Jul 2024, 5:00 am by Josh Blackman
[Are camping laws regulation of "conduct" by homeless people or the "status" of being homeless?] [read post]
7 Jul 2024, 5:00 am by Paul Caron
Josh Blackman (South Texas; Google Scholar), John Roberts and the Professoriate: Chief Justice Roberts signaled that he doesn't very much care what academics think. [read post]
5 Jul 2024, 4:25 pm by Lawrence Solum
Josh Blackman (South Texas College of Law Houston) has posted Bilateral Judicial Reform (Texas A&M Journal of Law and Civil Governance (Forthcoming 2024)) on SSRN. [read post]