Blog

Today at 2:00 ET/1:00 CT, I will be speaking on a Federalist Society Teleforum on Texas’s RFRA, along with John Eastman, Eugene Volokh, and Kathleen Hunker. Details are here.

Prof. John C. Eastman Henry Salvatori Professor of Law & Community Service Chapman University School of Law	Prof. Josh Blackman Assistant Professor of Law South Texas College of Law
Kathleen Hunker Senior Policy Analyst Texas Public Policy Foundation	Prof. Eugene Volokh Gary T. Schwartz Professor of Law UCLA School of Law

On Thursday at noon, I will be speaking at the University of Texas, Austin, Federalist Society Chapter on 3D Printed Guns and the 1st, and 2nd Amendment. As a special treat–no one will really be there to see me–Cody Wilson will be speaking as well. Cody (who is my client, and paying my bills) was the creator of the Liberator, and initiated our suit against the State Department, challenging their unconstitutional prior restraint of his speech. Professor Lino Graglia will be providing commentary. If you are in the area, please come to what should be a memorable event. 

In Modern Healthcare, Nick Bagley and I agree that the Speaker’s resignation will have no impact whatsoever on the House’s pending suit against HHS’s implementation of the ACA:

Boehner and other Republicans launched the lawsuit after they voted to approve a resolution in 2014 allowing it. That resolution vested control over the litigation in the speaker of the House, noted Nicholas Bagley, a law professor at the University of Michigan.

“Unless Speaker Boehner pulls the plug on the litigation before he resigns, it’ll be up to the next speaker to decide whether the case should continue,” Bagley wrote in an e-mail.

Josh Blackman, an associate law professor at the South Texas College of Law, also said he doesn’t think Boehner’s resignation will make a difference when it comes to the lawsuit.

“The case is U.S. House of Representatives v. Burwell, not Boehner v. Burwell,” Blackman said in an e-mail. “The House already voted to approve the legislation in 2013, and voted on it again in 2015, so the suit is authorized to proceed.”

When Nick and I agree about Obamacare, you can pretty much take that to the bank.

Here is the audio recording of my presentation of “The Process of Marriage Equality” at the faculty workshop at the South Texas College of Law. The article, co-authored by Howard Wasserman, will be published this fall in the Hastings Constitutional Law Quarterly.

Today we will wrap up our coverage of easements, and focus on whether easements in gross are assignable, what the scopes of easements are, and whether easements can be terminated.

The lecture notes are here.

Othen v. Roster was authored by Justice Brewster of the Texas Supreme Court.

Here a map of the property at issue in Othen, courtesy of the Dukeminier web site.

Here is a satellite photo of the Tone Survey in Cedar Hill, TX. It seems the norther boundary (Fish Creek Road) has been chopped up into many subdivisions and is now called Sandy Creek Drive.

Here is a visual representation of how access to beaches works.

The NY Times wrote about Bay Head here.

#Tanning. It’s a Jersey thing.