Josh Blackman
Teaching
South Texas College of Law, Houston, TX (July 2012-present)
Assistant Professor
Fall 2012
- Property II (two sections): Syllabus, Exam, Evaluations (Day Section), Evaluations (Evening Section)
Spring 2013
Pennsylvania State University Dickinson School of Law, State College, PA (January 2010-May 2011)
Fellow
Fellow
- Spring 2010- Federal Courts Practice: Syllabus, Student Evaluations
- Spring 2011- Federal Courts Practice: Syllabus, Student Evaluations
Clerkships
Judge Danny J. Boggs, U.S. Court of Appeals for the Sixth Circuit (2011-2012)
Law Clerk
Judge Kim R. Gibson, U.S. District Court for the Western District of Pennsylvania (2009-2011)
Law Clerk
Education
George Mason University School of Law
J.D. Magna Cum Laude, May 2009
-Articles Editor, George Mason Law Review
The Pennsylvania State University
B.S. High Distinction (Magna Cum Laude) in Information Sciences & Technology, December 2005
Published Articles
Visit my SSRN page to view all of my works.
- John Marshall Harlan: Professor of Law, 81 George Washington Law Review ___ (2013) (with Brian Frye and Michael McCloskey).
- Justice John Marshall Harlan: Lectures on Constitutional Law, 1897-98, 81 George Washington Law Review Arguendo ___ (with Bryan Frye and Michael McCloskey).
- Popular Constitutionalism and the Affordable Care Act, 26 Public Affairs Quarterly ___ (2013) (Peer-Reviewed).
- Back to the Future of Originalism, 16 Chapman Law Review ___ (2013).
- The Supreme Court’s New Battlefield, 90 Texas Law Review 1207 (2012).
- Originalism at the Right Time?, 90 Texas Law Review See Also 269 (2012).
- Crowdsourcing A Prediction Market for the Supreme Court, 10 Northwestern Journal of Technology & Intellectual Property 125 (2012) (with Adam Aft & Corey Carpenter).
- The Constitutionality of Social Cost, 34 Harvard Journal of Law & Public Policy 1 (2011).
- Original Citizenship, 159 University of Pennsylvania Law Review PENNUMBRA 95 (2010).
- Pierson v. Post and The Natural Law, 51 American Journal of Legal History 95 (2011).-Nominated by The Green Bag for “Exemplary Legal Writing” in long articles category for 2011.
- Keeping Pandora’s Box Sealed, 8 Georgetown Journal of Law & Public Policy (2010) (With Ilya Shapiro).- Cited in Ezell v. City of Chicago, 651 F.3d 684, 702 n. 11 (7th Cir. 2011).
- Equal Protection from Eminent Domain, 56 Loyola Law Review 697 (2010).
- Youngstown’s Fourth Tier. Is There A Zone of Insight Beyond the Zone of Twilight?, 40 Memphis Law Review 541 (2010) (With Elizabeth Bahr).
- The Tell-Tale Privileges or Immunities Clause, 2010 Cato Supreme Court Review 163 (2010) (With Alan Gura and Ilya Shapiro).
- This Lemon Comes as a Lemon. The Lemon Test and the Pursuit of a Statute’s Secular Purpose, 20 George Mason University Civil Rights Law Review 351 (2010).
- Omniveillance, Google, Privacy in Public, and the Right to Your Digital Identity: A Tort for Recording and Disseminating an Individual’s Image Over the Internet, 49 Santa Clara Law Review 313 (2009).
Books
- Unprecedented: The Constitutional Challenge to Obamacare, Public Affairs Books (coming summer 2013).
Book Chapters
- Big Data and the Law, in Big Data Big Challenges for Law and Legal Information (West Academic Press 2014).
- From Being One L to Teaching One L, in One L.
Draft Articles
- My Own Theory of the Law - 2012 (in response to Orin Kerr’s canonical “Theory of Law”).
- A Brief History of Judging: From the Big Bang to Cosmic Constitutional Theory - 2012 (A Review of Judge Wilkinson’s Cosmic Constitutional Theory).
- Polling The Health Care Cases - 2012 (co-authored with Adam Aft and Corey Carpenter)
- Judging the Constitutionality of Social Cost - 2012
- Originalism for Dummies – 2008
- Much Ado About Dictum; or, How to Evade Precedent Without Really Trying: The Distinction Between Holding & Dictum - 2008
Academic Presentations
2013
- Freedom of Expression Scholars Conference 2013, Yale Law School, New Haven, CT, May 4, 2014 (Discussant).
- “Human Factors in Robotic Torts,” We Robot: Getting Down to Business, Stanford Law School, Palo Alto, CA, April 8, 2013 (Video available here).
- Constitutional Conversation – “Unprecedented: The Supreme Challenge to Obamacare,” Stanford Constitutional Law Center, Stanford Law School, Palo Alto, CA, April 8, 2013 (video available here).
- “Unprecedented: The Supreme Challenge to Obamacare,” Texas Southern University Thurgood Marshall School of Law, Houston, TX, March 1, 2013 (video available here).
- “Assisted Decision Making: Big Data and the Law,” on “Big Data Application in Scholarship and Privacy” Panel at Georgetown Law “Big Data and Big Challenges for Law and Legal Information,” Georgetown University Law Center, Washington, D.C., January 30, 2013 (Video available here).
- “Back to the Future of Originalism,” Federalist Society Faculty Conference, New Orleans, LA, January 4, 2013 (Video available here).
2012
- “Unprecedented,” Georgetown University Law Center Constitutional Law Colloquium, Washington, D.C., December 3, 2012 (Video available here).
- “Assisted Decision Making: Big Data and the Law,” Stanford Law School CodeX, Center for Legal Informatics, Palo Alto, CA, November 9, 2012 (Video available here).
- “Unprecedented,” Third Annual Constitutional Law Colloquium at Loyola University, Chicago, IL, November 2, 2012 (Video available here).
- “Assisted Decision Making: Big Data and the Law,” Michigan State College of Law ReInvent Law Lab, East Lansing, Michigan, November 1, 2012 (Video available here).
- “Unprecedented,” Mid-Atlantic Law & Society Association, Drexel University School of Law, Philadelphia, PA, October 18, 2012 (Video available here).
- “Unprecedented,” 2012 Western Michigan University Medical Humanities Conference, Kalamazoo, Michigan, September 28, 2012 (Video available here).
- “Unprecedented,” South Texas College of Law, Houston, TX, September 14, 2012 (Video available here).
Other Presentations
2013
- “Unprecedented: The Supreme Challenge to the Obamacare,” University of Washington Federalist Society Chapter, Seattle, WA, May 6, 2013.
- “Robot, Esq.,” ReInvent Law Silicon Valley, Computer History Museum, Mountain View, CA, March 8, 2013.
- “Unprecedented: The Supreme Challenge to Obamacare,” Young Americans for Liberty, Stephen F. Austin State University, Nacgodoches, TX, February 25, 2013 (Video available here).
- “Living with Integrity: Navigating Everyday Ethical Dilemmas,” Jewish Learning Institute CLE on the Ethics of Charitable Giving and Pro Bono, Houston, TX, February 20, 2013. (Video available here).
- “Unprecedented: The Supreme Challenge to the ObamaCare,” Houston Metropolitan Paralegal Association 34th Annual Full Day Business & Litigation CLE Seminar, Houston, TX, February 15, 2013 (Video available here).
2012
- “Assisted Decision Making: Big Data and the Law,” LawTechCamp 2012, London, England, June 29, 2012. (Video and presentation slides available here).
- “The Second Amendment’s Social Costs,” NRA Civil Rights Defense Fund Scholar’s Conference, Washington, D.C., January 10, 2012 . (Video available here).
- “McDonald v. Chicago and the Future of the Privileges or Immunities Clause,” NRA Civil Rights Defense Fund Scholar’s Conference, Washington, D.C., January 9, 2012 (with Ilya Shapiro). (Video available here).
2010
- “McDonald v. Chicago and the Privileges or Immunities Clause,” Georgetown University Law Center Federalist Society Chapter, Washington D.C., March 2, 2010 (with Ilya Shapiro) (Video available here).
- “McDonald v. Chicago and the Privileges or Immunities Clause,” George Mason University Federalist Society Chapter, Arlington, VA, March 1, 2010. (Video available here).
- “Incorporation of the Second Amendment,” NRA Civil Rights Defense Fund Scholar’s Conference, New Orleans, LA, January 10, 2010, New Orleans, LA (on panel). (video available here).
Opinion and Commentary
- Federal policies must support innovation, The Houston Chronicle, May 6, 2013 (with Lisa Tucker).
- The National Surveillance State 2.0, Huffington Post Politics, May 1, 2013 (with Lisa Tucker).
- Hawaii should walk away from Steven Tyler Act, USA Today, February 16, 2013 (with Ilya Shapiro) (also available here).
- Cutting access to InTrade violates Americans’ speech rights, The Houston Chronicle, December 7, 2012 (with Miriam Cherry and Tom Bell).
- Supreme Court Justice Stephen Breyer shows progressive streak, The Newark Star Ledger, July 12, 2011 (with David Bernstein) (Also available here).
- Gaming the Supreme Court, The Roanoke Times, December 18, 2010.
- Supreme Court opens door to more liberty, The Richmond Times Dispatch, July 11, 2010 (with Ilya Shapiro).
- Supreme Court opens door to more liberty, The Detroit News, July 5, 2010 (with Ilya Shapiro).
- Is Justice Scalia abandoning Originalism?, Washington Examiner, March 8, 2010 (with Ilya Shapiro).
- Using Guns to Protect Liberty, Washington Times, February 24, 2010 (with Ilya Shapiro).
Interviews
2013
- Quoted in MSN Autos about We Robot Conference, “Will lawsuits kill the autonomous car?,” April 15, 2013.
- Quoted in CNET story about We Robot Conference, “Robo-cars face a new threat: Lawyers,” April 9, 2013 (excerpts here).
- Interviewed for News 92FM Houston for feature about FantasySCOTUS and Same-Sex Marriage Cases, March 26, 2013.
- Interviewed for ABC TV affiliate KDRK Houston for feature about FantasyPope.com, March 12, 2013. Houston Law Professor behind papal prediction website.
- Interviewed for CBS Newsradio KRLD Dallas for feature about FantasyPope.com, March 12, 2013.
- Interviewed for article in Bloomberg BNA The United States Law Week, “Supreme Court Interprets FTCA To Revive Medical Battery Claims Against Government,” 81 U.S.L.W. 1232, March 5, 2013.
- Interviewed for the Texas Lawyer Tex Parte Blog for article on FantasyPope.com, March 1, 2013.
- Interviewed on The Near 90.3 FM Radio Program ”The Brief” on Irish Public Radio about the passing of Ronald Dworkin, February 14, 2013.
- Interviewed on Huffington Post Live for segment on the Second Amendment and civil liberties, February 4, 2013 (Video available here).
- Panelist on Al Jazeera English program “The Stream” with Nassim N. Taleb, to discuss “Antifragile,” January 3, 2013 (Video available here).
2012
- The Year in Quotes: Predictions for the High Court, The National Law Journal, December 24, 2012.
- Interviewed on The Near 90.3 FM Radio Program “The Brief” on Irish Public Radio about the Defense of Marriage Act Litigation, December 13, 2012 (Audio available here).
- Interviewed on Huffington Post Live for segment on the 7th Circuit’s Second Amendment Opinion, December 12, 2012.
- Interviewed on The Near 90.3 FM Radio Program “The Brief” on Irish Public Radio about the Defense of Marriage Act Litigation, November 2, 2012 (Audio available here).
- Interviewed on The Near 90.3 FM Radio Program “The Brief” on Irish Public Radio about the Supreme Court term, October 12, 2012(Audio available here).
- Interviewed live on KRTK Channel 13, Houston’s ABC Affiliate, about Fisher v. University of Texas, October 7, 2012 (Video available here).
- Interviewed on Huffington Post Live for segment on the opening of the October 2012 Supreme Court term, October 1, 2012.
- Interviewed on Huffington Post Live for segment on granting concealed carry permits, September 6, 2012.
- Interviewed on Huffington Post Live for segment on Texas Voting Rights Act cases, August 31, 2012.
- Interviewed by Tam Herbert for article in the June 2012 issue of Law Technology News, titled Can Computers Predict Trial Outcomes From Big Data?.
- Interviewed by Tam Herbert for article in the June 2012 issue of Law Technology News, titled Place Your Bets: Website Speculates on Supreme Court Outcomes.
- Interviewed by Liz Goodwin of Yahoo! News for article titled ‘FantasySCOTUS,’ a Supreme Court fantasy league, has players split over health care mandate. April 3, 2012.
2011
- Guest on To The Best of My Knowledge on WPSU-TV to discuss Online Privacy. April 19, 2011 (Video available here).
- Interviewed by Leslie A. Gordon for article in the February 2011 issue of the ABA Journal, titled Pending High Court Decisions Fan Interest in Fantasy League. February 1, 2011.
2010
- ‘Fantasy’ website helps students learn about Supreme Court, on CNN.com, November 23, 2010.
- Fantasy Supreme Court league challenges enthusiasts, educates students in The Washington Post, November 4, 2010
- Supreme Court Prediction Market: An interview with FantasySCOTUS.net’s Josh Blackman in Reason Magazine, October 2010 Issue.
- Courtside: Gaming the Supreme Court in the National Law Journal on Law.com, September 22, 2010.
- Interviewed on Hearst Broadcasting Television about pending Supreme Court nomination, May 10, 2010.
- Tailgating Outside the Supreme Court, Without the Cars in The New York Times, March 2, 2010.
2009
- Interviewed by Steven Portnoy for spot on ABC News Radio, December 17, 2009.
- Frustrated with fantasy football? Try the Supreme Court on CNN.com, December 16, 2009.
- Interviewed by Tony Mauro for article in National Law Journal on Citizens United v. FEC, titled The Long Vigil for Citizens United, December 14, 2009.
- Like To Gamble? Know the Supreme Court? It’s Your Lucky Day on Wall Street Journal Law Blog, November 11, 2009.
Popular Press
- FantasySCOTUS: How often was the Solicitor General on the winning side? (with Corey Carpenter) on National Law Journal’s Supreme Court Insider, June 29, 2011
- FantasySCOTUS: Predictions for the final cases of the term (with Corey Carpenter) on National Law Journal’s Supreme Court Insider, June 23, 2011
- Predictions for the final cases: FantasySCOTUS v. SCOTUSBlog (with Corey Carpenter) on National Law Journal’s Supreme Court Insider, June 20, 2011
- FantasySCOTUS: The unpredictability of the Roberts Court (with Corey Carpenter) on National Law Journal’s Supreme Court Insider, June 16, 2011
- FantasySCOTUS: The New “Law & Order” Bloc (with Corey Carpenter) on National Law Journal’s Supreme Court Insider, June 13, 2011
- FantasySCOTUS: Why the Delay for Brown v. EMA? (with Corey Carpenter) on National Law Journal’s Supreme Court Insider, June 6, 2011
- FantasySCOTUS: Predictions, plus the surprise split in Kentucky v. King (with Corey Carpenter) on National Law Journal’s Supreme Court Insider, May 23, 2011
- FantasySCOTUS: Assessing the impact of Justice Kagan’s recusals (with Corey Carpenter) on National Law Journal’s Supreme Court Insider, May 11, 2011
- The 10th Justice: Predictions from FantasySCOTUS.net (with Corey Carpenter) on National Law Journal’s Supreme Court Insider, April 25, 2011
- The 10th Justice: Latest predictions from FantasyScotus.net (with Corey Carpenter) on National Law Journal’s Supreme Court Insider, April 18, 2011
Activities and Service
United States Commission on Civil Rights, Texas State Advisory Committee
- Member, 1/2013 – Present
The Harlan Institute (www.HarlanInstitute.org)
- Co-Founder & President of a Washington, D.C. based 501(c)(3), dedicatedto educating high school students about the rule of law and the Supreme Court through social media and interactive games.
- Organized, coordinated, and developed Supreme Court Fantasy League (FantasySCOTUS.org) for high school students to learn about the Constitution, in which over 1,000 students participate.
- Collaborated with Justice Sandra Day O’Connor and her iCivics.org organization.
- Honoree in 2010 ABA Blawg 100 as one of top 100 legal blogs on the Internet. Featured in the “Court Watch” section.
- Personal blog, receiving average of 15,000 hits a month, where I analyze recent cases, track developments in the law, and discuss my scholarship and teaching.
- Featured on CNN.com, Wall Street Journal Law Blog, Volokh Conspiracy, How Appealing, SCOTUSBlog, Legal Theory Blog, Instapundit, Faculty Lounge, PrawfsBlawg, Above The Law, National Law Journal, Blog of the Legal Times, and others.
FantasySCOTUS.net (Created the Internet’s First Supreme Court Fantasy League)
- Over 15,000 members make predictions for pending Supreme Court cases.
- Generates prediction market that accurately forecasts 75% of Supreme Court cases.
- Empirical data published in Northwestern journal of Technology & Intellectual Property.
- Featured in The New York Times, The Washington Post, The ABA Journal, and on CNN.com.
