My Writings, Talks, and Media Hits in 2014

December 31st, 2014

Here is an overview of the articles, essays, Op-Eds, I wrote in 2014, as well as various talks and media hits I gave. You can find all of my accomplishments on my C.V.

Published Articles

Visit my SSRN page to view all of my works.

  1. Obamacare & Man at Yale, 2014 Illinois Law Review 1241 (2014).
  2. What Happens if Data is Speech?, 16 University of Pennsylvania Journal of Constitutional Law Heightened Scrutiny 25 (2014).
  3. The 1st Amendment, 2nd Amendment, and 3D Printing, 81 Tennessee Law Review 479 (2014).
  4. The Shooting Cycle, 46 Connecticut Law Review 1513 (2014) (with Shelby Baird).
  5. The Burden of Judging, 9 NYU Journal of Law & Liberty 1105 (2014).

Academic Presentations

  1. Collective Liberty, Loyola Chicago Constitutional Law Colloquium, November 7, 2014 (Video here).
  2. State Judicial Sovereignty, Junior Federal Courts Workshop, University of Georgia, Athens, GA, October 10, 2014.
  3. Substantive Federalism, Georgetown Center for the Constitution Workshop, Washington, D.C., May 15, 2014.
  4. Backdoor Zoning in the Unzoned City, Association for Law, Property, and Society, Vancouver, BC, May 3, 2014 (Video).
  5. Certiorari and the Supreme Court Bar,” Southwestern Political Science Association, San Antonio, TX, April 18, 2014.
  6. The 1st Amendment, 2nd Amendment, and 3D Printing, Tennessee Law Review Symposium on the 2nd Amendment, March 1, 2014. (Vide0).
  7. “What happens if data is speech,” Federalist Society Faculty Conference, New York, NY, January 4, 2014 (Video).

Other Presentations

  1. “Gridlock and Executive Power,” University of Chicago Law School Federalist Society Chapter, November 6, 2014 (audio here).
  2. “Hobby Lobby, Obamacare, and Religious Liberty,” University of Houston Federalist Society Chapter, November 4, 2014.
  3. Indianapolis Lawyers Federalist Society Chapter, October 31, 2014 (video here).
  4. Indiana University, Indianapolis, Federalist Society Chapter, October 30, 2014 (video here).
  5. “Hobby Lobby, Obamacare, and Religious Liberty,”  Indiana University, Bloomington Federalist Society Chapter, October 30, 2014 (video here).
  6. “1st Amendment, 2nd Amendment, and 3D-Printed Guns,” Memphis Federalist Society Chapter (video here).
  7. “1st Amendment, 2nd Amendment, and 3D-Printed Guns,” University of Little Rock, Arkansas, Federalist Society Chapter, October 28, 2014 (video here).
  8. “Gridlock and Executive Power,” Sacramento Federalist Society Chapter, October 24, 2014 (audio here).
  9. “Gridlock and Executive Power,” U.C. Davis Federalist Society Chapter, October 23, 2014 (video here).
  10. Forbes 30 Under 30 Summit, Philadelphia, PA, October 21, 2014 (audio here).
  11. “Gridlock and Executive Power,” Philadelphia Federalist Society Lawyers Chapter, October 20, 2014 (audio here).
  12. “Gridlock and Executive Power,” University of Georgia School of Law Federalist Society Chapter, October 9, 2014.
  13. “Gridlock and Executive Power,” with Professor Eric Segall, Georgia State University College of Law Federalist Society Chapter, October 9, 2014.
  14. “Gridlock and Executive Power,” Baylor University College of Law Federalist Society Chapter, September 30, 2014.
  15. “Supreme Court Roundup,” Rice University Federalist Society Chapter, September 29, 2014.
  16. “Hobby Lobby, Obamacare, and Religious Liberty,” Ohio State University College of Law Federalist Society Chapter, September 23, 2014.
  17. “Hobby Lobby, Obamacare, and Religious Liberty,” University of Maryland School of Law Federalist Society Chapter, September 18, 2014.
  18. “The Separation of Powers Heading into—and After—the Midterms.,” with Prof. Steve Vladeck,  American University Washington College of Law Federalist Society Chapter, September 17, 2014.
  19. Constitution Day, South Texas College of Law, September 15, 2014.
  20. “Hobby Lobby, Obamacare, and Religious Liberty,” Grand Rapids Federalist Society Chapter, September 11, 2014.
  21. “Hobby Lobby, Obamacare, and Religious Liberty,” Michigan State University College of Law Federalist Society, September 11, 2014.
  22. Predicting the Behavior of the Supreme Court,” Texas Bar Advanced Civil Appellate Practice Course, Austin, Texas, September 4, 2014.
  23. “Unprecedented: The Constitutional Challenge to Obamacare,” Stanford Law School Federalist Society Chapter, May 8, 2014.
  24. “Unprecedented: The Constitutional Challenge to Obamacare,” Orange County Lawyers Federalist Society Chapter, May 7, 2014.
  25. “Unprecedented: The Constitutional Challenge to Obamacare,” Los Angeles Lawyers Federalist Society Chapter, May 6, 2014.
  26. “Unprecedented: The Constitutional Challenge to Obamacare,” Fordham Law School Federalist Society Chapter, April 10, 2014.
  27. “Unprecedented: The Constitutional Challenge to Obamacare,” IU Bloomington School of Law Federalist Society Chapter, March 28, 2014.
  28. “Unprecedented: The Constitutional Challenge to Obamacare,” Indianapolis Lawyers Federalist Society Chapter, March 27, 2014.
  29. “Unprecedented: The Constitutional Challenge to Obamacare,” Santa Clara Law School Federalist Society Chapter, March 20, 2014.
  30. “Unprecedented: The Constitutional Challenge to Obamacare,” San Francisco Lawyers Federalist Society Chapter, March 19, 2014.
  31. “Unprecedented: The Constitutional Challenge to Obamacare,” Tallahassee Lawyers Federalist Society Chapter, March 6, 2014.
  32. “Unprecedented: The Constitutional Challenge to Obamacare,” Florida State University School of Law Federalist Society Chapter, March 6, 2014 (Video here).
  33. “Unprecedented: The Constitutional Challenge to Obamacare,” Detroit Mercy College of Law Federalist Society Chapter, February 13, 2014.
  34. “Unprecedented: The Constitutional Challenge to Obamacare,” University of Michigan School of Law Federalist Society Chapter, February 13, 2014.
  35. “Unprecedented: The Constitutional Challenge to Obamacare,” New York Law School Federalist Society Chapter, February 6, 2014 (video available here).
  36. “Unprecedented: The Constitutional Challenge to Obamacare,” New York City Federalist Society Young Lawyer’s Chapter, February 4, 2014 (photo here).
  37. “Unprecedented: The Constitutional Challenge to Obamacare,” University of Minnesota School of Law Federalist Society Chapter, January 31, 2014 (Video here).
  38. “Unprecedented: The Constitutional Challenge to Obamacare,” William Mitchell School of Law Federalist Society Chapter, January 30, 2014 (Video here).
  39. “Unprecedented: The Constitutional Challenge to Obamacare,” University of Arizona School of Law Federalist Society Chapter, January 23, 2014 (Video here).
  40. “Unprecedented: The Constitutional Challenge to Obamacare,” Arizona State University School of Law Federalist Society Chapter, January 23, 2014 (Video here).
  41. “Unprecedented: The Constitutional Challenge to Obamacare,” Houston Lawyers Federalist Society Chapter, January 10, 2014 (Video here).
  42. “Unprecedented: The Constitutional Challenge to Obamacare,” Philadelphia Lawyers Federalist Society Chapter, January 6, 2014 (Video here).

Commentary

  1. Obama’s Unconstitutional Corner,” National Review, December 22, 2014 (Excerpts, PDF).
  2. Obama’s overreach? Look in the mirror, Congress,” Los Angeles Times, November 22, 2014.
  3. ‘Discretion’ on Immigration Enforcement Can Become Abuse of Power, New York Times, November 18, 2014.
  4. The Gridlock Clause, National Review, November 12, 2014 (Updated edition).
  5. The Gridlock Clause, National Review, September 8, 2014.
  6. Obamacare was Designed to Punish Uncooperative States, The American Spectator, July 29, 2014.
  7. Democrats are Trying To Rewrite The First Amendment, The American Spectator, June 25, 2014.
  8. Our Gun-Shy Justices – The Supreme Court abandons the Second Amendment, The American Spectator, July/August 2014 issue (PDF).
  9. Is there really an epidemic of mass shootings, The American Spectator, June 9, 2014.
  10. Technology, Big Data and Tomorrow’s Lawyers, Texas Lawyer, May 19, 2014. (PDF).
  11. Sotomayor and Toobin Push Bigotry By Association, The American Spectator, May 1, 2014.
  12. Justice Scalia Publicly Chastised A Lawyer For Reading From His Notes, Business Insider, January 15, 2014.

Media

  1. Quoted in Wall Street Journal Law Blog Post, “Second Circuit: NYC’s ‘Forgotten Borough’ is an Island of ‘Isolation,’” December 26, 2014.
  2. Discussed in Wired Magazine article on legal technology, Hack This Trial: Technology Is (Finally) Aiding Legal Strategy, December 11, 2014.
  3. Quoted in Hartford Courant on gun rights, Study Finds Public Support For Gun Rights Has Increased Since Newtown, December 11, 2014 (excerpts here).
  4. Guest on America in the Morning and Jim Bohannon Show, to discuss FantasySCOTUS, December 12, 2014.
  5. Guest on “Stand Up! With Pete Dominick” on SiriusXM Satellite Radio, to discuss executive power, December 11, 2014.
  6. Quoted by Houston Chronicle in article on free speech rights of teachers, “Teacher accused of anti-Muslim comments resigns, will get 3 months pay,” December 4, 2014. (excerpts here).
  7. Quoted by Rep. Lamar S. Smith (R. TX) during hearing on constitutionality of President Obama’s executive action on immigration (Video]).
  8. Profiled in ABA Journal, “Beat the Computer: Law profs develop an analytical tool to help better understand court decisions,” December 2014 ABA Journal.
  9. Quoted in “King Obama, Constitution-Shredder?” U.S. News & World Report, November 21, 2014.
  10. Quoted in “What could a Republican president do with Obama’s executive power theories?,” Vox, November 21, 2014.
  11. Quoted in Here come the lawsuits! Courts likely destination for Obama immigration plan, The Washington Times, November 21, 2014.
  12. Interviewed on BiTelevision (Bulgarian Television) on the immigration executive action, November 20, 2014.
  13. Guest on PBS News Hour with Gwen Ifill to discuss constitutionality of President’s executive action on immigration, November 19, 2014 (excerpts here).
  14. Guest on 710 KURV Talk Radio, McAllen, TX to to discuss constitutionality of President’s executive action on immigration, November 19, 2014.
  15. Featured in ABA Journal, “‘Some random guy in Queens’ is three-time FantasySCOTUS winner,” ABA Journal, November 18, 2014.
  16. Profiled on FiveThirtyEight feature on FantasySCOTUS, “Why The Best Supreme Court Predictor In The World Is Some Random Guy In Queens,” November 17,2014 (excerpts here).
  17. Quoted in Bloomberg BNA Law Week, “Mich., Ky. Same-Sex Marriage Bans Upheld; 6th Circuit Decision May Ring in High Court,” November 11, 2014 (excerpts here).
  18. Quoted in Wall Street Journal, “Obamacare Opportunity,” November 11, 2014.
  19. Profiled in Washington Post front page story about FantasySCOTUS, The Supreme Court’s devotees go DIY, October 25, 2014 (PDF).
  20. Interviewed by ABC 13 for Houston Pastor Subpoena Case, October 15, 2014.
  21. Quoted in USA Today for article on same-sex marriage cases, October 14, 2014.
  22. Interviewed by Texas Tribune for article on Texas Voter ID case, October 10, 2014.
  23. Interviewed by KTSA Newsradio San Antonio for segment on Texas Voter ID case, October 10, 2014.
  24. Interviewed by U.S. News & World Report for feature on FantasySCOTUS, Forget Fantasy Football, Try Fantasy SCOTUS, October 6, 2014.
  25. Interviewed on 88.7 KUHF Houston Public Radio for segment on Supreme Court same-sex marriage decision, October 6, 2014.
  26. Quoted in “Justice Ginsburg Comments on Abortion Law Stir Recusal Debate,” Wall Street Journal Law Blog, October 1, 2014.
  27. Quoted in “Conservatives condemn Ruth Bader Ginsburg’s abortion comments,” MSNBC, October 1, 2014.
  28. Quoted in Ginsburg Faulted in Comments on Texas Abortion Law, National Law Journal, September 30, 2014.
  29. Interviewed by Bloomberg News, “Obamacare’s Latest Threat Nears Turning Point in Court,” August 28, 2014.
  30. Quoted in Slate, Gridlock is Good, August 8, 2014.
  31. Guest on Houston Matters on on 88.7 KUHF Houston Public Radio for segment on Supreme Court prediction algorithm, August 5, 2014.
  32. Quoted in National Review article on President’s executive power, The Domestic Caesarism Question, August 4, 2014.
  33. Quoted in August 2014 ABA Journal article on Supreme Court modifying opinions, Supreme Court justices regularly seek to change the errors of their ways, ABA Journal, August 1, 2014.
  34. Interviewed by Vox for feature on Supreme Court prediction, This computer program can predict 7 out of 10 Supreme Court decisions, Vox, August 4, 2014.
  35. Quoted by BuzzFeed, Mystery Campaign Publishes Names, Addresses Of Opponents Of LGBT-Discrimination Ban, July 30, 2014.
  36. Quoted in Ars Technica article,  Algorithm predicts US Supreme Court decisions 70% of time, July 30, 2014.
  37. Quoted in Insider Higher Education article, Bar Exam Technology Disaster, July 30, 2014.
  38. Profiled in ABA Journal Article on Supreme Court prediction algorithm, Law prof claims computer model predicts SCOTUS decisions with 70% accuracy, July 29, 2014.
  39. Guest on Rod Arquette Show on Talk Radio 570 Am Salt Lake City to discuss Obamacare tax credit case, July 29, 2014.
  40. Interviewed by Bloomberg BNA for article about timing of Halbig v. Burwell appeal to the Supreme Court, Another Trip to Supreme Court Likely for ACA But En Banc D.C. Circuit May Divert En Route, August 5, 2014 (PDF).
  41. Recorded Federalist Society SCOTUSCast on Lane v. Franks, July 17, 2014.
  42. Interviewed by Houston Chronicle for article about Abigail Fisher affirmative action decision, July 15, 2014.
  43. Quoted in Newsweek article on Hobby Lobby decision, July 9, 2014.
  44. Guest on “To The Point” on syndicated public radio program to discuss planned executive power lawsuit, July 2, 2014 (audio here).
  45. Cited by New York Times editorial board in article on press credentials for SCOTUSBlog, July 2, 2014.
  46. Guest on Houston Public Television Program, “Red, White, and Blue” to talk about the Supreme Court term, July 11, 2014.
  47. Guest on “To the Point” Public Radio International, talking about lawsuit against President Obama’s Executive Actions, July 2, 2014.
  48. Panelist on Tax Foundation Conference Call on Harris v. Quinn, June 30, 2014.
  49. Interviewed on ABC TV affiliate KTRK Houston for feature on Supreme Court Hobby Lobby Decision on 6:00 news, June 30, 2014.
  50. Interviewed on 88.7 KUHF Houston Public Radio for segment on the Supreme Court’s Hobby Lobby decision, June 30, 2014 (audio and transcript).
  51. Guest on Houston Matters on on 88.7 KUHF Houston Public Radio for segment on the Supreme Court’s term, June 27, 2014 (audio here).
  52. Interviewed for live segment on KTRH Houston Talk radio about Supreme Court decisions, June 27, 2014.
  53. Interviewed for news piece on KTRH Houston Talk radio about Supreme Court’s decision on abortion buffer zones, June 26, 2014.
  54. Interviewed by CQ Roll Call about Supreme Court’s decision in Riley v. United States, and implications for NSA surveillance, June 25, 2014.
  55. Interviewed by La Voz, Houston language newspaper, about proposal to give immigrants certain state citizenship rights in New York, June 23, 2014.
  56. Interviewed by Robert Barnes, Washington Post Supreme Court Reporter, for article on Supreme Court’s refusal to accept any Second Amendment cases, Justice Anthony M. Kennedy may be the middleman in the gun-rights debate, The Washington Post, June 22, 2014.
  57. Interviewed on Cam & Company on NRA News, about The Shooting Cycle, June 9, 2014.
  58. Interviewed for article in Library Journal about publisher requiring return of textbooks at the end of semester, Law Profs Revolt after Aspen Casebook Tries to Get Around First Sale Doctrine, May 21, 2014 (excerpts here).
  59. Interviewed for article in Chronicle of Higher Education about publisher requiring return of textbooks at the end of semester, Law Professors Defend Students’ Right to Sell Used Textbooks, May 9, 2013.
  60. Quoted in article in ABA Journal article about publisher requiring return of textbooks at the end of semester, Legal publisher says it will require return of hard-copy property casebooks at the end of class, May 8, 2014.
  61. Recorded Federalist Society SCOTUSCast on oral arguments in Lane v. Franks, May 2, 2014.
  62. Interviewed by Boston Globe for article on Justice Stevens’s testimony before the Senate, John Paul Stevens reaffirms dissent on campaign finance, May 1, 2014 (excerpts here).
  63. Interviewed by Houston Business Journal for article on Ashby High Rise, Ruling most likely won’t be the end of the Ashby high-rise case, April 29, 2014 (excerpts here).
  64. Guest on Houston Matters on on 88.7 KUHF Houston Public Radio for segment on the Ashby High Rise, April 29, 2014 (excerpt here and audio here).
  65. Cited in article in The New Republic, Liberals Should Be Happy About the Supreme Court’s Affirmative Action Decision, April 22, 2014 (excerpts here).
  66. Quoted in article in Houston Chronicle on Ashby High-Rise, Stakes high as final arguments await Ashby high-rise case, April 20, 2014 (excerpts here).
  67. Quoted in article in the Cincinanti Enquirer in article about Susan B. Anthony case, SCOTUS hears local free speech case Tuesday, April 20, 2014 (Excerpts here).
  68. Quoted in article in the house Chronicle about Google Gag Order, Google fights gag order, April 20, 2014 (Excerpts here).
  69. Interviewed for feature in Tablet Magazine, The Volokh Conspiracy Is Out To Get You—And Everyone in America, about the influence of the Volokh Conspiracy, April 3, 2014.
  70. Interviewed for news piece on 88.7 KUHF Houston Public Radio on Supreme Court’s ruling in McCutcheon v. FEC campaign finance case, April 3, 2014 (Audio available here).
  71. Quoted in article on CNN Money about robot lawyers, titled “Here Come the Robot Lawyers,” March 28, 2014.
  72. Interviewed on KTSA Newsradio San Antonio by Host Don Morgan for segment on Hobby Lobby v. Sebelius, March 24, 2014.
  73. Interviewed on WOAI Newsradio San Antonio by Anchor Michael Board for segment on Hobby Lobby v. Sebelius, March 24, 2014 (article here).
  74. Guest on Houston Matters on on 88.7 KUHF Houston Public Radio for segment on what the 28th Amendment to the Constitution should be, March 13, 2014 (Listen here and Video here).
  75. Quoted in National Law Journal Article, titled “Supreme Court Acknowledges Protest Audiotape was Redacted,” March 3, 2014 (Excerpt here).
  76. Guest on Houston Matters on on 88.7 KUHF Houston Public Radio for segment on Texas Same-Sex Marriage Case, February 27, 2014 (Listen here).
  77. Interviewed for front-page article in Houston Chronicle on court finding Texas ban on same-sex marriage unconstitutional, February 27, 2014.
  78. Interviewed for news piece on 88.7 KUHF Houston Public Radio on Supreme Court’s ruling on Chadbourne & Parke LLP v. Troice case on Stanford Ponzi Scheme Class Action, February 26, 2014 (Listen here).
  79. Appeared as Panelist on “Red, White, and Blue” on Houston PBS Channel 8 episode on the Supreme Court, March 1, 2014 (Video here).
  80. Interviewed for featured article by Associated Press, republished in hundreds of newspapers, about FantasySCOTUS, For High Court, A League of Their Own, Associated Press, February 15, 2014. (Republished in Washington PostABC NewsNewsdaythe Sacramento Beethe Salt Lake Tribune, Huffington PostYahoo News, Seattle Times, Detroit Free Press, Denver Post, and many others.
  81. Quoted in ABC News piece on Virginia Same-Sex Marriage Decision, Oops! Va. Judge Confuses Constitution, Declaration of Independence in Gay Marriage Ruling, ABC News, February 14, 2014.
  82. Quoted in WSJ Law Blog piece on Virginia Same-Sex Marriage Decision, Virginia Gay Marriage Ruling: A Question and An Error, Wall Street Journal Law Blog, February 14, 2014.
  83. Quoted in Reason Blog post on The Shooting Cycle, “Why Mass Shootings Haven’t Ushered In a New Age of Gun Control,” February 12, 2014.
  84. Featured in Houston Business Journal, Meet a 30 under 30, January 2014.
  85. Interviewed on Chanel 39 9:00 News about FantasySCOTUS, January 22, 2014.
  86. Profiled in Houston Chronicle article, Online game has law nerds lining up for bragging rights, January 21, 2014 (PDF).
  87. Interviewed on Michael Berry Show, KTRH Houston Talk radio, about Unprecedented, January 17, 2014.
  88. Featured in Houston Business Journal, Houston young professionals named among Forbes 30 Under 30, January 16, 2014.
  89. Featured by Houston Culture Map, Houston young professionals get national magazine love: A 30 Under 30 with a Bayou City bent, January 16, 2014.
  90. Interviewed by Utrice Leid on “Leid Stories” on Progressive Radio Networks, January 16, 2014.
  91. Interviewed by Philadelphia Inquirer for article on Unprecedented, Law Review: Detailing his analysis of the fight over Obamacare, Philadelphia Inquirer, January 10, 2014.
  92. Interviewed by Main Street about the implementation of the Affordable Care Act, Does Obamacare Violate the Constitution?, January 9, 2014.
  93. Interviewed by Wall Street Journal Law Blog for post about The Shooting Cycle and mass shootings, Why Gun-Controllers Lose Ground After Mass Shootings, January 8, 2014.
  94. Interviewed by Texas Lawyer about selection as Forbes 30 under 30, Josh Blackman (of fantasySCOTUS.net fame) is one of Forbes’ 2014 30 under 30 in law & policy, January 7, 2014.
  95. Selected by Forbes Magazine for Forbes 30 under 30 in Law and Policy, Forbes Magazine, January 6, 2014.

 

Litigation

To 2015!