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About Josh Blackman
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Author Updates
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Blog postFor the past few months, I have blogged at the Volokh Conspiracy, hosted by Reason. I had hoped to give to give this blog, which I founded in September 2009, a proper send-off on its 10th anniversary. Alas, other priorities have taken precedence. From time-to-time, people visit my blog and ask me about the lack of new content. This post is merely a placeholder, so people will know to find my readings. Thank you always.
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Blog postCongratulations to the Winners of the Harlan Institute – ConSource Virtual Supreme Court CompetitionOn May 13, 2019, ConSource and the Harlan Institute hosted the championship round of the sixth annual National Virtual Supreme Court Competition for high school students. The competition was hosted in the Supreme Court Institute Moot Court Room at Georgetown University Law Center. This year’s competition focused on Timbs v. State of Indiana, where students explored whether the Eighth Amendment’s Excessive Fines Clause should be incorporated t
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Blog postThe Harlan Institute and ConSource have completed the semi-final rounds for the OT 2017 Virtual Supreme Court Competition. This year, we received a record-number of submissions on Carpenter v. United States. On Thursday, April 26, 2018, we will hold the championship round at the Georgetown Supreme Court Institute. Zack Lori and Chris McDonnell of Greenwich HS will represent the petitioner (from Match 1). Joanna Boyer and Makaylia Askew of Creekview HS will represent t
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Blog postInstructions: In Gotham City, Batman is a superhero who fights evil villains, and also engages in sophisticated property transactions. Please write a memorandum of no more than 1,000 words addressing five property issues affecting Alfred, Batman, Catwoman, Dracula, and Joker concerning Caveacre, Wayneacre, Batacre, Fraudacre, and Arkacre. The Gotham District Court applies all American common law rules, a race-notice statute, the Texas Anti-Deficiency Statute, and is bound by the United
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Blog postInstructions:
Please write a memorandum of no more than 1,000 words addressing five property issues affecting Elsa and Anna on Iceacre and Sunacre. The courts in this jurisdiction apply all American common law rules, are bound by the United States Constitution, and all statutes of limitations are five years.
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Question #1
Elsa and Anna live together on Castleacre, which is owned by their parents. Anna asks Elsa, “Do you want to build a snowman? Or ride our bike -
Blog postInstructions: It is now December 2018. A group of migrants from Central America—known as “The Caravan”—is traveling through Mexico en route to the United States. They seek entry to the United States to claim asylum—that is protected status because of the oppressive conditions in their home countries. In anticipation of the arrival of the Caravan, the Trump Administration, Congress, and the Texas state government take several actions. Write a memorandum of no more than 1,000 words addressing t
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Blog postInstructions: The year is 1867. Against all odds, President Abraham Lincoln survived an assassination attempt two years earlier. However, his popularity soon plummeted. Members of Lincoln’s own party turned against him, for failing to aggressively promote Reconstruction in the South. Soon the House of Representatives approved four articles of impeachment against Lincoln. Now, the Senate is holding a trial over those four articles. You are a law clerk for Chief Justice Salmon Chase, who presid
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Blog postHere is a list of my speaking engagements for the Spring 2019 semester. I still have a few dates open. Please contact me soon if you’d like to invite me.
1/23/19 – University of Pennsylvania Federalist Society Chapter 1/29/19 – St. Louis University Federalist Society Chapter 1/30/19 – Texas Tech Federalist Society Chapter 1/31/19 – University of North Texas Federalist Society Chapter 2/5/19 – University of Oklahoma City Law School Federalist Society Chapter 2/8/19 -
Blog postThis post will highlight my accomplishments in 2018. In the past year, I published (or will publish) 9 articles, gave 17 academic presentations, delivered 65 other presentations, wrote 29 commentaries, and made 388 media appearances. You can review my new-and-improved C.V., which spans over 80 pages.
Publications
The Irrepressible Myths of Cooper v. Aaron, 107 Georgetown Law Journal __ (Forthcoming 2019) Undone: The New Constitutional Challenge to Obamacare, 23 Texas Review of Law -
Blog postIn 2010, I co-founded the Harlan Institute. Every year, we host the Virtual Supreme Court Competition, along with ConSource. High school students are invited to write briefs and give oral arguments about pending cases. Every year, we fly the top Petitioner and Respondent teams to Washington, D.C., where they delivered their arguments at the Georgetown Supreme Court Institute, before an all-star panel of judges. In 2017, we heard arguments on Trinity Lutheran. In 2018, we focused on
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Blog postThe lecture notes are here.
Here are a series of diagrams to explain the property at issue in Lucas.
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Blog postThe lecture notes are here.
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Blog postThe lecture notes are here.
Snyder v. Phelps This Marine Lance Cpl. Matthew A. Snyder who was killed in Iraq in 2006.
The Westboro Baptists protested outside the cemetery during Snyder’s funeral. The family did not see the protestors at the time, and only became aware of their presence later. The Baptists protest funerals, always quietly, holding up signs with these sorts of messages:
The case was argued for Respondents by Margie Phelps, who is Fred Phel -
Blog postToday, we will cover the two main regulatory takings case, both of which involve the word Penn–Penn Coal v. Mahon and Penn Central v. NYC.
The lecture notes are here.
Subsidence describes the proces whereby land shifts down due to under-ground mining.
This image courtesy of Wikimedia illustrates subsidence:
Here are photographs of Grand Central station, the site of the famous Penn Central Transportation Company v. City of New York.
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Blog postThe lecture notes are here.
Romer v. Evans Here are the plaintiffs.
This is Colorado Governor Roy Romer.
Here is an advertisement urging people to vote Yes on Amendment 2. The caption reads “Stop special class status for homosexuality.”
This is an advertisement from the Colorado for Family Values, urging people to vote Yes on Amendment 2. It depicts parade marchers holding up a banner that reads “S/M Leather Contingency.”
Lawrence v. Texas Here are phot -
Blog postInstructions: The year is 1802. Conflicts have emerged between the federal government, the northern states, and the southern states, concerning the federal bank of the United States. You are a law clerk for Chief Justice John Marshall. He has asked you to prepare a memorandum of no more than 1,000 words addressing five questions.
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In 1791, Congress chartered the federal Bank of the United States for a term of twenty years. The federal government now operates at least one bran -
Blog postToday we will cover categorical regulatory takings–that is takings considered under bright line rules without any type of balancing tests. The lecture notes are here.
The Fifth Amendment provides:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual serv
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Blog postThe lecture notes are here.
Bowers v. Hardwick This is Michael Hardwick.
Planned Parenthood v. Casey This is Governor Bob Casey of Pennsylvania.
Whole Woman’s Health v. Hellerstedt
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Blog postThe lecture notes are here.
First, start with the text of the 5th Amendment:
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb, nor shall be compelled in any criminal case -
Blog postThe lecture notes are here.
Griswold v. Connecticut Here is Estelle Griswold, the lead plaintiff at the Planned Parenthood Center of New Haven, Connecticut.
Here is a photograph of Dr. C. Lee Buxton and Estelle Griswold after their arrest.
A penumbra is a partial shadow outside the complete shadow of an opaque body.
Roe v. Wade
This is Norma McCorvey (“Jane Roe”) protesting outside the Supreme Court in 1989 with her lawyer, Gloria Allred
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