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About Josh Blackman
Josh was selected by Forbes Magazine for the "30 Under 30" in Law and Policy. Josh has twice testified before the House Judiciary Committee on the constitutionality of executive action on immigration and health care. He is an adjunct scholar at the Cato Institute. Josh is the founder and President of the Harlan Institute, the founder of FantasySCOTUS, the Internet's Premier Supreme Court Fantasy League, and blogs at JoshBlackman.com. Josh is the author of over four dozen law review articles, and his commentary has appeared in The New York Times, Wall Street Journal, Washington Post, USA Today, L.A. Times, and other national publications.
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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.
1 year ago Read more -
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 t2 years ago Read more
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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 t2 years ago Read more
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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 United2 years ago Read more
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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 bike2 years ago Read more -
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 t2 years ago Read more
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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 presid2 years ago Read more
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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 2/8/192 years ago Read more -
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 Law2 years ago Read more -
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 on2 years ago Read more
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Blog postThe lecture notes are here.
Here are a series of diagrams to explain the property at issue in Lucas.
2 years ago Read more -
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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 Phel2 years ago Read more -
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.
W2 years ago Read more -
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 phot2 years ago Read more -
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 bran2 years ago Read more -
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
2 years ago Read more -
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
2 years ago Read more -
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 case2 years ago Read more -
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 Allred2 years ago Read more
This multimedia platform combines a book and video series that will change the way you study constitutional law. An Introduction to Constitutional Law teaches the narrative of constitutional law as it has developed over the past two centuries. All students—even those unfamiliar with American history—will learn the essential background information to grasp how this body of law has come to be what it is today. An online library of sixty-three videos (access codes provided with purchase of the book) brings the Supreme Court’s one hundred most important decisions to life. These videos are enriched by photographs, maps, and even audio from the Supreme Court. The book and videos are accessible for all levels: law school, college, high school, home school, and independent study. Students can read and watch these materials before class to prepare for lectures or study after class to fill in any gaps in their notes. And, come exam time, students can watch the entire canon of constitutional law in about twelve hours.
Constitutional Law: Cases in Context, Third Edition places primary emphasis on how constitutional law has developed since the Founding, its key foundational principles, and recurring debates. By providing both cases and context, it conveys the competing narratives that all lawyers ought to know and all constitutional practitioners need to know. Teachable, manageable, class-sized chunks of material are suited to one-semester courses or reduced credit configurations. Generous case excerpts make the text flexible for most courses. Cases are judiciously supplemented with background readings from various sources. Innovative study guide questions presented before each case help students focus on the salient issues, challenging them to consider the court’s opinions from various perspectives, and suggesting comparisons or connections with other cases.
Key Benefits:
- Revised doctrinal areas with newer cases.
- Updated background contextual material to reflect current scholarship.
- A highly accessible and engaging structure that examines the competing narratives that pervade the development of American constitutional law since the founding.
- Related cases are grouped together into “assignments” and make for a reasonable amount of reading for each topic.
- A wealth of photographs, maps, and primary documents to bring the cases to life.
The purchase of this Kindle edition does not entitle you to receive access to the online e-book, practice questions from your favorite study aids, and outline tool available through CasebookConnect.
Constitutional Rights: Cases in Context, Second Edition places primary emphasis on how constitutional law has developed since the Founding, its key foundational principles, and recurring debates. By providing both cases and context, it conveys the competing narratives that all lawyers ought to know and all constitutional practitioners need to know. Teachable, manageable, class-sized chunks of material are suited to one-semester courses or reduced credit configurations. Generous case excerpts make the text flexible for most courses. Cases are judiciously supplemented with background readings from various sources. Innovative study guide questions presented before each case help students focus on the salient issues, challenging them to consider the court’s opinions from various perspectives, and suggesting comparisons or connections with other cases.
Key Benefits:
- Revised doctrinal areas with newer cases.
- Updated background contextual material to reflect current scholarship.
- A highly accessible and engaging structure that examines the competing narratives that pervade the development of American constitutional law since the founding.
- Related cases are grouped together into “assignments” and make for a reasonable amount of reading for each topic.
- A wealth of photographs, maps, and primary documents to bring the cases to life.
The purchase of this Kindle edition does not entitle you to receive access to the online e-book, practice questions from your favorite study aids, and outline tool available through CasebookConnect.
The Harvard Journal of Law & Public Policy is the nation’s leading forum for conservative and libertarian legal scholarship, one of the most widely circulated student-edited law reviews, and the first and bestselling law review available for the Kindle. The Journal is published three times annually by the Harvard Society for Law & Public Policy, Inc., an organization of Harvard Law School students.
Dynamic recent authors include Richard Epstein, Robert George, John Ashcroft, Judge Thomas Griffith, and Ron Paul. In the past, we have published pieces by former Chief Justice William Rehnquist, Justice Antonin Scalia, and Justice Clarence Thomas.
In this Issue:
From The Federalist Society National Lawyers Convention 2010:
- Direct Democracy: Government of the People, by the People, and for the People?, by Richard A. Epstein
- Elections Matter, by Michael J. Gerhardt
- How To Count to Thirty-four: The Constitutional Case for a Constitutional Convention, by Michael Stokes Paulsen
- Entrenching Good Government Reforms, by Mark V. Tushnet
- The Constitutionality of Proposition 8, by Richard A. Epstein
Three Articles:
- Embodied Equality: Debunking Equal Protection Arguments for Abortion Rights, by Erika Bachiochi
- The Constitutionality of Social Cost, by Josh Blackman
- May Lawyers Be Given the Power To Elect Those Who Choose Our Judges? "Merit Selection" and Constitutional Law, by Nelson Lund
Two Notes:
- What's the Harm? Nontaxpayer Standing To Challenge Religious Symbols
- Why We Cannot Ask Why: Ethical Independence and Voter Intent
And Two Recent Developments:
- The Changing Landscape of Firearm Legislation in the Wake of McDonald v. City of Chicago, 130 S. Ct. 3020 (2010)
- Machinegunning Reason: Sentencing Factors and Mandatory Minimums in United States v. P'Brien, 130 S. Ct. 2169 (2010)
Enjoy!
Constitutional Structure: Cases in Context, Second Edition places primary emphasis on how constitutional law has developed since the Founding, its key foundational principles, and recurring debates. By providing both cases and context, it conveys the competing narratives that all lawyers ought to know and all constitutional practitioners need to know. Teachable, manageable, class-sized chunks of material are suited to one-semester courses or reduced credit configurations. Generous case excerpts make the text flexible for most courses. Cases are judiciously supplemented with background readings from various sources. Innovative study guide questions presented before each case help students focus on the salient issues, challenging them to consider the court’s opinions from various perspectives, and suggesting comparisons or connections with other cases.
Key Benefits:
- Revised doctrinal areas with newer cases.
- Updated background contextual material to reflect current scholarship.
- A highly accessible and engaging structure that examines the competing narratives that pervade the development of American constitutional law since the founding.
- Related cases are grouped together into “assignments” and make for a reasonable amount of reading for each topic.
- A wealth of photographs, maps, and primary documents to bring the cases to life.
The purchase of this Kindle edition does not entitle you to receive access to the online e-book, practice questions from your favorite study aids, and outline tool available through CasebookConnect.
In 2012, the United States Supreme Court became the center of the political world. In a dramatic and unexpected 5-4 decision, Chief Justice John Roberts voted on narrow grounds to save the Affordable Care Act, commonly known as Obamacare. Unprecedented tells the inside story of how the challenge to Obamacare raced across all three branches of government, and narrowly avoided a constitutional collision between the Supreme Court and President Obama.
On November 13, 2009, a group of Federalist Society lawyers met in the Mayflower Hotel in Washington, D.C., to devise a legal challenge to the constitutionality of President Obama's "legacy" -- his healthcare reform. It seemed a very long shot, and was dismissed peremptorily by the White House, much of Congress, most legal scholars, and all of the media. Two years later the fight to overturn the Affordable Care Act became a political and legal firestorm. When, finally, the Supreme Court announced its ruling, the judgment was so surprising that two cable news channels misreported it and announced that the Act had been declared unconstitutional.
Unprecedented offers unrivaled inside access to how key decisions were made in Washington, based on interviews with over one hundred of the people who lived this journey -- including the academics who began the challenge, the attorneys who litigated the case at all levels, and Obama administration attorneys who successfully defended the law. It reads like a political thriller, provides the definitive account of how the Supreme Court almost struck down President Obama's "unprecedented" law, and explains what this decision means for the future of the Constitution, the limits on federal power, and the Supreme Court.