Josh Blackman

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Teaching

South Texas College of Law, Houston, TX (July 2012-present)
Assistant Professor

Fall 2012

Spring 2013

Fall 2013

Spring 2014

Fall 2014

Spring 2015

  • Constitutional Law
  • Constitutional Law Seminar
Pennsylvania State University Dickinson School of Law, State College, PA (January 2010-May 2011)
Fellow

Publications

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).
  6. John Marshall Harlan: Professor of Law, 81 George Washington Law Review 1063 (2013) (with Brian Frye and Michael McCloskey).
  7. Justice John Marshall Harlan: Lectures on Constitutional Law, 1897-98, 81 George Washington Law Review Arguendo 12 (with Bryan Frye and Michael McCloskey).
  8. Popular Constitutionalism and the Affordable Care Act, 27 Public Affairs Quarterly 3 (2013) (Peer-Reviewed).
  9. Back to the Future of Originalism, 16 Chapman Law Review 325 (2013).
  10. The Supreme Court’s New Battlefield, 90 Texas Law Review 1207 (2012).
  11. Originalism at the Right Time?,  90 Texas Law Review See Also 269 (2012).
  12. Crowdsourcing A Prediction Market for the Supreme Court, 10 Northwestern Journal of Technology & Intellectual Property 125 (2012) (with Adam Aft & Corey Carpenter).
  13. The Constitutionality of Social Cost, 34 Harvard Journal of Law & Public Policy 1 (2011).
  14. Original Citizenship159 University of Pennsylvania Law Review PENNUMBRA 95 (2010).
  15. Pierson v. Post and The Natural Law, 51 American Journal of Legal History 95 (2011).
  16. Keeping Pandora’s Box Sealed, 8 Georgetown Journal of Law & Public Policy (2010) (With Ilya Shapiro).
  17. Equal Protection from Eminent Domain, 56 Loyola Law Review 697 (2010).
  18. Youngstown’s Fourth Tier. Is There A Zone of Insight Beyond the Zone of Twilight?, 40 Memphis Law Review 541 (2010) (With Elizabeth Bahr).
  19. The Tell-Tale Privileges or Immunities Clause2010 Cato Supreme Court Review 163 (2010) (With Alan Gura and Ilya Shapiro).
  20. 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).
  21. 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

 

Book Chapters

Draft Articles

Speaking

 

Academic Presentations

2015

  1. “Popular Constitutionalism After Kelo,” AALS Annual Meeting, Hot Topic Program, January 4, 2014.
  2. “Gridlock and Executive Power,” Federalist Society Faculty Conference, Young Legal Scholars Panel, January 4, 2014.

2014

  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).

2013

  1. “Regulating Crises: Reactions to Shootings,” Connecticut Law Review Symposium, “Up In Arms: The Second Amendment in the Modern Republic,” November 15, 2013 (Video available).
  2. “Kennedy’s Constitutional Chimera,” Loyola University Chicago School of Law’s Constitutional Law Colloquium, November 2, 2013 (Audio available).
  3. Robot, Esq., George Mason Law & Economics Center, September 20, 2013.
  4. “Unprecedented: The Constitutional Challenge to Obamacare,” George Mason University School of Law Levy Workshop, September 19, 2013.
  5. Robot, Esq., International Conference on Artificial Intelligence and the Law, Rome, Italy, June 10, 2013.
  6. Robot, Esq., Law & Society Annual Meeting, Boston, MA, May 30, 2013.
  7. Assisted Decision Making, Conference on Innovation and Communications Law, Traverse City, MI, May 16, 2013.
  8. Freedom of Expression Scholars Conference 2013, Yale Law School, New Haven, CT, May 4, 2013 (Discussant).
  9. “Human Factors in Robotic Torts,” We Robot: Getting Down to Business, Stanford Law School, Palo Alto, CA, April 8, 2013 (Video available here).
  10. Constitutional Conversation – “Unprecedented:  The Supreme Challenge to Obamacare,” Stanford Constitutional Law Center, Stanford Law School, Palo Alto, CA, April 8, 2013 (video available here).
  11. “Unprecedented:  The Supreme Challenge to Obamacare,” Texas Southern University Thurgood Marshall School of Law, Houston, TX, March 1, 2013 (video available here).
  12. “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).
  13. “Back to the Future of Originalism,” Federalist Society Faculty Conference, New Orleans, LA, January 4, 2013 (Video available here).

2012

  1. “Unprecedented,” Georgetown University Law Center Constitutional Law Colloquium, Washington, D.C., December 3, 2012 (Video available here).
  2. “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).
  3. “Unprecedented,” Third Annual Constitutional Law Colloquium at Loyola University, Chicago, IL, November 2, 2012 (Video available here).
  4. “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).
  5. “Unprecedented,” Mid-Atlantic Law & Society Association, Drexel University School of Law, Philadelphia, PA, October 18, 2012 (Video available here).
  6. “Unprecedented,” 2012 Western Michigan University Medical Humanities Conference, Kalamazoo, Michigan, September 28, 2012 (Video available here).
  7. “Unprecedented,” South Texas College of Law, Houston, TX, September 14, 2012 (Video available here).

 

Other Presentations

2014
  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).
2013
  1. “Unprecedented: The Constitutional Challenge to Obamacare,” University of Houston Law Center, Health Law Organization and Federalist Society Chapter with commentary by Professor Peter Linzer, November 20, 2013 (Video here).
  2. “Unprecedented: The Constitutional Challenge to Obamacare,” William & Mary School of Law Federalist Society Chapter, November 18, 2013 (Video here).
  3. “Unprecedented: The Constitutional Challenge to Obamacare,” George Mason University School of Law Students for Liberty Chapter with commentary by Professor Ilya Somin, November 13, 2013 (Video here).
  4. “Unprecedented: The Constitutional Challenge to Obamacare,” University of Chicago Law School Federalist Society Chapter, with commentary by Professor Nick Stephanopoulos, November 4, 2013 (Audio here).
  5. “Unprecedented: The Constitutional Challenge to Obamacare,” Chicago-Kent College of Law Federalist Society Chapter, with commentary by Professor Mark Rosen, November 4, 2013 (Photo here).
  6. “Unprecedented: The Constitutional Challenge to Obamacare,” University of Pennsylvania Law School Federalist Society Chapter, with commentary by Professor Ted Ruger, October 28, 2013 (Video available here).
  7. “Unprecedented: The Constitutional Challenge to Obamacare,” Yale Law School Federalist Society Chapter, with commentary by Professor Jack Balkin, September 23, 2013 (Video available here).
  8. “Unprecedented: The Constitutional Challenge to Obamacare,” American University Washington College of Law Federalist Society Chapter, September 18, 2013.
  9. “Unprecedented: The Constitutional Challenge to Obamacare,” George Washington University School of Law Federalist Society Chapter, with commentary by Professor Orin Kerr, September 17, 2013 (Video available here)
  10. “Unprecedented: The Constitutional Challenge to Obamacare,” Georgetown Supreme Court Institute, Georgetown University Law Center, September 16, 2013 (Video available here)
  11. “Unprecedented: The Constitutional Challenge to Obamacare,” Cato Book Forum, Cato Institute, with commentary by Professors Randy Barnett & Jeff Rosen, September 13, 2013 (Video available here)
  12. “Unprecedented: The Constitutional Challenge to Obamacare,” Rutgers-Newark School of Law Federalist Society Chapter, September 11, 2013 (Video available here
  13. “Unprecedented: The Constitutional Challenge to Obamacare,” NYU School of Law Federalist Society Chapter, with commentary by Professor Barry Friedman, September 9, 2013 (Video available here)
  14. “Unprecedented: The Constitutional Challenge to Obamacare,” with commentary by Professor David Pozen, Columbia University School of Law Federalist Society Chapter, September 9, 2013 (Video available here).
  15. “Publishing Online: How to Stay Out of Legal Trouble,” Right Online, Defending the Dream Summit, Orlando, FL, August 31, 2013.
  16. “Robot, Esq.” ReInvent Law London, London, England, June 14, 2013.
  17. “Unprecedented: The Supreme Challenge to the Obamacare,” University of Washington Federalist Society Chapter, Seattle, WA, May 6, 2013 (Video available here).
  18. “Robot, Esq.,” ReInvent Law Silicon Valley, Computer History Museum, Mountain View, CA, March 8, 2013.
  19. “Unprecedented:  The Supreme Challenge to Obamacare,” Young Americans for Liberty, Stephen F. Austin State University, Nacgodoches, TX, February 25, 2013 (Video available here).
  20. “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).
  21. “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

  1. Assisted Decision Making: Big Data and the Law,” LawTechCamp 2012, London, England, June 29, 2012. (Video and presentation slides available here).
  2. “The Second Amendment’s Social Costs,” NRA Civil Rights Defense Fund Scholar’s Conference, Washington, D.C., January 10, 2012 . (Video available here).
  3. “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

  1. 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).
  2. McDonald v. Chicago and the Privileges or Immunities Clause,” George Mason University Federalist Society Chapter, Arlington, VA, March 1, 2010. (Video available here).
  3. 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).

 

Commentary

2014

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

2013

  1. Why It’s A Big Problem When A Supreme Court Justice Uses Google, Business Insider, December 5, 2013.
  2. The Thanksgiving message President Obama should have given about the Affordable Care Act in 2009, The Daily Caller, November 28, 2013.
  3. Obamacare is HillaryCare 2.0, The Daily Caller, November 14, 2013.
  4. Obamacare’s Three Broken Promises, The Daily Caller, November 5, 2013.
  5. Dems may have to admit Obamacare tax increase, USA Today, October 30, 2013 (with Randy Barnett).
  6. The forgotten man of Obamacare, The Daily Caller, October 29, 2013.
  7. Oh Schuette! Did Romer put Seattle School District No. 1 to sleep?, National Constitution Center Constitutional Daily & Yahoo! News, October 28, 2013.
  8. A Tale of Two Constitutions, National Constitution Center Constitutional Daily & Yahoo! News, October 9, 2013.
  9. Obamacare’s Four-Year Shutdown, The Daily Caller, October 4, 2013.
  10. The Libertarian Challenge to Obamacare, Reason, September 24, 2013.
  11. Why the Fight Over Obamacare was Completely Unprecedented, Business Insider, September 18, 2013.
  12. Federal policies must support innovation, The Houston Chronicle, May 6, 2013 (with Lisa Tucker).
  13. The National Surveillance State 2.0, Huffington Post Politics, May 1, 2013 (with Lisa Tucker).
  14. Hawaii should walk away from Steven Tyler Act, USA Today, February 16, 2013 (with Ilya Shapiro) (also available here).

2012

  1. Cutting access to InTrade violates Americans’ speech rights, The Houston Chronicle, December 7, 2012 (with Miriam Cherry and Tom Bell).

2011

  1. 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
  2. FantasySCOTUS: Predictions for the final cases of the term (with Corey Carpenter) on National Law Journal’s Supreme Court Insider, June 23, 2011
  3. Predictions for the final cases: FantasySCOTUS v. SCOTUSBlog (with Corey Carpenter) on National Law Journal’s Supreme Court Insider, June 20, 2011
  4. FantasySCOTUS: The unpredictability of the Roberts Court (with Corey Carpenter) on National Law Journal’s Supreme Court Insider, June 16, 2011
  5. FantasySCOTUS: The New “Law & Order” Bloc (with Corey Carpenter) on National Law Journal’s Supreme Court Insider, June 13, 2011
  6. FantasySCOTUS: Why the Delay for Brown v. EMA? (with Corey Carpenter) on National Law Journal’s Supreme Court Insider, June 6, 2011
  7. FantasySCOTUS:  Predictions, plus the surprise split in Kentucky v. King (with Corey Carpenter) on National Law Journal’s Supreme Court Insider, May 23, 2011
  8. FantasySCOTUS: Assessing the impact of Justice Kagan’s recusals (with Corey Carpenter) on National Law Journal’s Supreme Court Insider, May 11, 2011
  9. The 10th Justice: Predictions from FantasySCOTUS.net (with Corey Carpenter) on National Law Journal’s Supreme Court Insider, April 25, 2011
  10. The 10th Justice: Latest predictions from FantasyScotus.net (with Corey Carpenter) on National Law Journal’s Supreme Court Insider, April 18, 2011
  11. Supreme Court Justice Stephen Breyer shows progressive streak, The Newark Star Ledger, July 12, 2011 (with David Bernstein) (Also available here).

2010

  1. Gaming the Supreme Court, The Roanoke Times, December 18, 2010.
  2. Supreme Court opens door to more liberty, The Richmond Times Dispatch, July 11, 2010 (with Ilya Shapiro).
  3. Supreme Court opens door to more liberty, The Detroit News, July 5, 2010 (with Ilya Shapiro).
  4. Is Justice Scalia abandoning Originalism?, Washington Examiner, March 8, 2010 (with Ilya Shapiro).
  5. Using Guns to Protect Liberty, Washington Times, February 24, 2010 (with Ilya Shapiro).

Media

2014

  1. Profiled in ABA Journal, “Beat the Computer: Law profs develop an analytical tool to help better understand court decisions,” December 2014 ABA Journal.
  2. Quoted in “King Obama, Constitution-Shredder?” U.S. News & World Report, November 21, 2014.
  3. Quoted in “What could a Republican president do with Obama’s executive power theories?,” Vox, November 21, 2014.
  4. Quoted in Here come the lawsuits! Courts likely destination for Obama immigration plan, The Washington Times, November 21, 2014.
  5. Interviewed on BiTelevision (Bulgarian Television) on the immigration executive action, November 20, 2014.
  6. Guest on PBS News Hour with Gwen Ifill to discuss constitutionality of President’s executive action on immigration, November 19, 2014 (excerpts here).
  7. Guest on 710 KURV Talk Radio, McAllen, TX to to discuss constitutionality of President’s executive action on immigration, November 19, 2014.
  8. Featured in ABA Journal, “‘Some random guy in Queens’ is three-time FantasySCOTUS winner,” ABA Journal, November 18, 2014.
  9. 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).
  10. 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).
  11. Quoted in Wall Street Journal, “Obamacare Opportunity,” November 11, 2014.
  12. Profiled in Washington Post front page story about FantasySCOTUS, The Supreme Court’s devotees go DIY, October 25, 2014 (PDF).
  13. Interviewed by ABC 13 for Houston Pastor Subpoena Case, October 15, 2014.
  14. Quoted in USA Today for article on same-sex marriage cases, October 14, 2014.
  15. Interviewed by Texas Tribune for article on Texas Voter ID case, October 10, 2014.
  16. Interviewed by KTSA Newsradio San Antonio for segment on Texas Voter ID case, October 10, 2014.
  17. Interviewed by U.S. News & World Report for feature on FantasySCOTUS, Forget Fantasy Football, Try Fantasy SCOTUS, October 6, 2014.
  18. Interviewed on 88.7 KUHF Houston Public Radio for segment on Supreme Court same-sex marriage decision, October 6, 2014.
  19. Quoted in “Justice Ginsburg Comments on Abortion Law Stir Recusal Debate,” Wall Street Journal Law Blog, October 1, 2014.
  20. Quoted in “Conservatives condemn Ruth Bader Ginsburg’s abortion comments,” MSNBC, October 1, 2014.
  21. Quoted in Ginsburg Faulted in Comments on Texas Abortion Law, National Law Journal, September 30, 2014.
  22. Interviewed by Bloomberg News, “Obamacare’s Latest Threat Nears Turning Point in Court,” August 28, 2014.
  23. Quoted in Slate, Gridlock is Good, August 8, 2014.
  24. Guest on Houston Matters on on 88.7 KUHF Houston Public Radio for segment on Supreme Court prediction algorithm, August 5, 2014.
  25. Quoted in National Review article on President’s executive power, The Domestic Caesarism Question, August 4, 2014.
  26. 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.
  27. 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.
  28. Quoted by BuzzFeed, Mystery Campaign Publishes Names, Addresses Of Opponents Of LGBT-Discrimination Ban, July 30, 2014.
  29. Quoted in Ars Technica article,  Algorithm predicts US Supreme Court decisions 70% of time, July 30, 2014.
  30. Quoted in Insider Higher Education article, Bar Exam Technology Disaster, July 30, 2014.
  31. Profiled in ABA Journal Article on Supreme Court prediction algorithm, Law prof claims computer model predicts SCOTUS decisions with 70% accuracy, July 29, 2014.
  32. Guest on Rod Arquette Show on Talk Radio 570 Am Salt Lake City to discuss Obamacare tax credit case, July 29, 2014.
  33. 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).
  34. Recorded Federalist Society SCOTUSCast on Lane v. Franks, July 17, 2014.
  35. Interviewed by Houston Chronicle for article about Abigail Fisher affirmative action decision, July 15, 2014.
  36. Quoted in Newsweek article on Hobby Lobby decision, July 9, 2014.
  37. Guest on “To The Point” on syndicated public radio program to discuss planned executive power lawsuit, July 2, 2014 (audio here).
  38. Cited by New York Times editorial board in article on press credentials for SCOTUSBlog, July 2, 2014.
  39. Guest on Houston Public Television Program, “Red, White, and Blue” to talk about the Supreme Court term, July 11, 2014.
  40. Guest on “To the Point” Public Radio International, talking about lawsuit against President Obama’s Executive Actions, July 2, 2014.
  41. Panelist on Tax Foundation Conference Call on Harris v. Quinn, June 30, 2014.
  42. Interviewed on ABC TV affiliate KTRK Houston for feature on Supreme Court Hobby Lobby Decision on 6:00 news, June 30, 2014.
  43. Interviewed on 88.7 KUHF Houston Public Radio for segment on the Supreme Court’s Hobby Lobby decision, June 30, 2014 (audio and transcript).
  44. 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).
  45. Interviewed for live segment on KTRH Houston Talk radio about Supreme Court decisions, June 27, 2014.
  46. Interviewed for news piece on KTRH Houston Talk radio about Supreme Court’s decision on abortion buffer zones, June 26, 2014.
  47. Interviewed by CQ Roll Call about Supreme Court’s decision in Riley v. United States, and implications for NSA surveillance, June 25, 2014.
  48. Interviewed by La Voz, Houston language newspaper, about proposal to give immigrants certain state citizenship rights in New York, June 23, 2014.
  49. 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.
  50. Interviewed on Cam & Company on NRA News, about The Shooting Cycle, June 9, 2014.
  51. 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).
  52. 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.
  53. 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.
  54. Recorded Federalist Society SCOTUSCast on oral arguments in Lane v. Franks, May 2, 2014.
  55. 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).
  56. 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).
  57. 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).
  58. Cited in article in The New Republic, Liberals Should Be Happy About the Supreme Court’s Affirmative Action Decision, April 22, 2014 (excerpts here).
  59. 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).
  60. 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).
  61. Quoted in article in the house Chronicle about Google Gag Order, Google fights gag order, April 20, 2014 (Excerpts here).
  62. 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.
  63. 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).
  64. Quoted in article on CNN Money about robot lawyers, titled “Here Come the Robot Lawyers,” March 28, 2014.
  65. Interviewed on KTSA Newsradio San Antonio by Host Don Morgan for segment on Hobby Lobby v. Sebelius, March 24, 2014.
  66. Interviewed on WOAI Newsradio San Antonio by Anchor Michael Board for segment on Hobby Lobby v. Sebelius, March 24, 2014 (article here).
  67. 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).
  68. Quoted in National Law Journal Article, titled “Supreme Court Acknowledges Protest Audiotape was Redacted,” March 3, 2014 (Excerpt here).
  69. 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).
  70. Interviewed for front-page article in Houston Chronicle on court finding Texas ban on same-sex marriage unconstitutional, February 27, 2014.
  71. 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).
  72. Appeared as Panelist on “Red, White, and Blue” on Houston PBS Channel 8 episode on the Supreme Court, March 1, 2014 (Video here).
  73. 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.
  74. 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.
  75. 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.
  76. 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.
  77. Featured in Houston Business Journal, Meet a 30 under 30, January 2014.
  78. Interiewed on Chanel 39 9:00 News about FantasySCOTUS, January 22, 2014.
  79. Profiled in Houston Chronicle article, Online game has law nerds lining up for bragging rights, January 21, 2014 (PDF).
  80. Interviewed on Michael Berry Show, KTRH Houston Talk radio, about Unprecedented, January 17, 2014.
  81. Featured in Houston Business Journal, Houston young professionals named among Forbes 30 Under 30, January 16, 2014.
  82. Featured by Houston Culture Map, Houston young professionals get national magazine love: A 30 Under 30 with a Bayou City bent, January 16, 2014.
  83. Interviewed by Utrice Leid on “Leid Stories” on Progressive Radio Networks, January 16, 2014.
  84. Interviewed by Philadelphia Inquirer for article on Unprecedented, Law Review: Detailing his analysis of the fight over Obamacare, Philadelphia Inquirer, January 10, 2014.
  85. Interviewed by Main Street about the implementation of the Affordable Care Act, Does Obamacare Violate the Constitution?, January 9, 2014.
  86. 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.
  87. 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.
  88. Selected by Forbes Magazine for Forbes 30 under 30 in Law and Policy, Forbes Magazine, January 6, 2014.

2013

  1. Quoted in Houston Chronicle for article on contraceptive mandate case, “HBU wins ruling against birth control mandate.” The Houston Chronicle, December 27, 2013.
  2. Quoted in Houston Chronicle for article on Ashby High Rise verdict and “back-door zoning,” “Verdict in Ashby high-rise trial fuels other fights,” The Houston Chronicle, December 19, 2013.
  3. Quoted in Houston Chronicle for article on suit against Houston’s decision to give benefits to same-sex couples, “Same-sex benefits on hold after GOP leaders sue city,” The Houston Chronicle, December 18, 2013.
  4. Featured in Texas Lawyer 2013 Year in Review article, and awarded the “Pope Pickin’ Award” for my work on FantasyPope.com, December 16, 2013.
  5. Interviewed on Huffington Post Live “Legalese It!” segment on Supreme Court Justice’s googling facts outside the record, HuffPo Live, December 6, 2013.
  6. Quoted in article in USA Today in article on  other challenges to the Affordable Care Act, Long-shot legal challenges to health care law abound, USA Today, November 29, 2013.
  7. Quoted in article in USA Today in article on contraceptive mandate cases, Justices will hear contraception challenge to Obamacare, USA Today, November 26, 2013.
  8. Mentioned in article in The Texas Prosecutor for article on South Texas alum who argued before the Supreme Court, The Texas Prosecutor, November 2013.
  9. Quoted in article in The Texas Lawyer in article on Big Data and the Law, Rise of the Machines: Using Big Data to Make Better Decisions,” The Texas Lawyer, November 18, 2013 (PDF).
  10. Quoted in article in Houston Chronicle on Ashby High Rise land-use development trial, “Residents will get day in court against Ashby high-rise,” Houston Chronicle, November 18, 2013.
  11. Quoted in article on 2nd Amendment Symposium for Connecticut Law Review on Connecticut News Junkie, November 15, 2013.
  12. Interviewed on The David Webb Show on Sirius XM Radio about Obamacare, October 25, 2013.
  13. Interviewed for news piece on 88.7 KUHF Houston Public Radio for report on Arms Control Treaty and the Second Amendment, October 22, 2013 (audio available here).
  14. Interviewed for full hour on Jim Bohannon Show, October 17, 2013 (Audio at 40:00 mark).
  15. Interviewed for live radio hit on KTRH Houston on Michigan Affirmative Action case, October 17, 2013.
  16. Interviewed and quoted in piece on WSJ Market Watch on Google and Privacy, October 16, 2013.
  17. Interviewed for radio hit on KTRH Houston with Nik Rajkovic on Michigan Affirmative Action Case, October 16, 2013.
  18. Interviewed by Utrice Leid on “Leid Stories” on Progressive Radio Networks, October 7, 2013.
  19. Interviewed by Shon Hopwood for interview on the Cockle Bur, October 5, 2013.
  20. Interviewed by Damon Root on Reason.tv, October 2, 2013.
  21. Interview with Jeff Schecthman’s “Specific Gravity,” September 26, 2013.
  22. C-SPAN Book TV, Unprecedented the Constitutional Challenge to Obamacare, September 13, 2013.
  23. Interviewed for Cato Daily Podcast on Unprecedented, September 16, 2013.
  24. Interviewed on Pacifica Radio, KPFA’s Letters and Politics, with Mitch Jeserich, about Unprecedented, September 16, 2013 (audio available here).
  25. Interviewed by the Daily Caller on Unprecedented: “New book takes you behind the scenes of the constitutional challenge to Obamacare, September 10, 2013.
  26. Interviewed on 88.7 KUHF Houston Public Radio for report on the Texas and Voting Rights Act, August 22, 2013 (audio available here).
  27. Interviewed on KTSA Radio, San Antonio by Bill O’Neil for feature on DOJ Voting Rights suit against Texas, August 22, 2013.
  28. Interviewed for CQ Roll Call for article on constitutionality of Supreme Court Ethics Act, on August 8, 2013 (article here, quote here).
  29. Interviewed on Houston matters on 88.7 KUHF Houston Public Radio for program on the Voting Rights Act, August 2, 2013 (audio available here).
  30. Article on Justice Harlan’s constitutional law lectures profiled in National Law Journal, July 31, 2013 (PDF here).
  31. Interviewed for Fox 26 Houston for feature on 5:00 News on TSA searching valet-parked cars, July 18, 2013.
  32. Interviewed by Jess Bravin for an article in the Wall Street Journal about Samuel Alito’s views on privacy in 1971, July 10, 2013 (article here).
  33. Interviewed on Newsmakers on NBC 2 Houston to talk about the Supreme Court Term,  June 30, 2013 (post here).
  34. Interviewed on Houston matters on 88.7 KUHF Houston Public Radio for program on the end of the Supreme Court term, June 27, 2013 (audio available here).
  35. Interviewed on The Near 90.3 FM Radio Program “The Brief” on Irish Public Radio about the end of the Supreme Court term, June 27, 2013 (audio available here at the 30 minute mark).
  36. Interviewed for article in Houston Chronicle on implementing Voter ID laws in Texas following Supreme Court Voting Rights Act case, June 27, 2013.
  37. Interviewed for ABC TV affiliate KTRK Houston for feature about aftermath of DOMA and Prop 8 decisions at 11:00, 11:30, and on 4:00 and 6:00 news, June 25, 2013 (Video available here)
  38. Interviewed for article in Houston Chronicle on Voting Rights Act, June 25, 2013.
  39. Interviewed for article in Tyler Morning Telegraph on Voting Rights Act, June 25, 2013.
  40. Interviewed for ABC TV affiliate KTRK Houston for feature about future of Voting Rights Act on 4:00 and 6:00 news, June 25, 2013 (Video available here).
  41. Interviewed for ABC TV affiliate KTRK Houston for live broadcast on 11:00 news on Fisher v. Texas, and feature about future of affirmative action on 4:00 and 6:00 news, June 24, 2013 (Video available here).
  42. Interviewed on The Near 90.3 FM Radio Program “The Brief” on Irish Public Radio about the Supreme Court, June 6, 2013 (audio available here. I come on in the last 5 minutes).
  43. Interviewed for feature article in The Houston Lawyer about FantasySCOUTS, May 2013.
  44. Interviewed on the Dan Cofall Show, 1190 AM, Dallas-Ft. Worth, June 5, 2013 (podcast here).
  45. Quoted in MSN Autos about We Robot Conference, “Will lawsuits kill the autonomous car?,” April 15, 2013.
  46. Quoted in CNET story about We Robot Conference, “Robo-cars face a new threat: Lawyers,” April 9, 2013 (excerpts here).
  47. Interviewed for News 92FM Houston for feature about FantasySCOTUS and Same-Sex Marriage Cases, March 26, 2013.
  48. Interviewed for ABC TV affiliate KTRK Houston for feature about FantasyPope.com, March 12, 2013. Houston Law Professor behind papal prediction website.
  49. Interviewed for CBS Newsradio KRLD Dallas for feature about FantasyPope.com, March 12, 2013.
  50. 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.
  51. Interviewed for the Texas Lawyer Tex Parte Blog for article on FantasyPope.com, March 1, 2013.
  52. Interviewed on The Near 90.3 FM Radio Program “The Brief” on Irish Public Radio about the passing of Ronald Dworkin, February 14, 2013.
  53. Interviewed on Huffington Post Live for segment on the Second Amendment and civil liberties, February 4, 2013 (Video available here).
  54. Panelist on Al Jazeera English program “The Stream” with Nassim N. Taleb, to discuss “Antifragile,” January 3, 2013 (Video available here).

2012

  1. The Year in Quotes: Predictions for the High Court, The National Law Journal, December 24, 2012.
  2. 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).
  3. Interviewed on Huffington Post Live for segment on the 7th Circuit’s Second Amendment Opinion, December 12, 2012.
  4. 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).
  5. 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).
  6. Interviewed live on KRTK Channel 13, Houston’s ABC Affiliate, about Fisher v. University of Texas, October 7, 2012 (Video available here).
  7. Interviewed on Huffington Post Live for segment on the opening of the October 2012 Supreme Court term, October 1, 2012.
  8. Interviewed on Huffington Post Live for segment on granting concealed carry permits, September 6, 2012.
  9. Interviewed on Huffington Post Live for segment on Texas Voting Rights Act cases, August 31, 2012.
  10. Interviewed by Tam Herbert for article in the June 2012 issue of Law Technology News, titled Can Computers Predict Trial Outcomes From Big Data?.
  11. 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.
  12. 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

  1. Guest on To The Best of My Knowledge on WPSU-TV to discuss Online Privacy. April 19, 2011 (Video available here).
  2. 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

  1. ‘Fantasy’ website helps students learn about Supreme Court, on CNN.com, November 23, 2010.
  2. Fantasy Supreme Court league challenges enthusiasts, educates students in The Washington Post, November 4, 2010
  3. Supreme Court Prediction Market: An interview with FantasySCOTUS.net’s Josh Blackman in Reason Magazine, October 2010 Issue.
  4. Courtside: Gaming the Supreme Court in the National Law Journal on Law.com, September 22, 2010.
  5. Interviewed on Hearst Broadcasting Television about pending Supreme Court nomination, May 10, 2010.
  6. Tailgating Outside the Supreme Court, Without the Cars in The New York Times, March 2, 2010.

2009

  1. Interviewed by Steven Portnoy for spot on ABC News Radio, December 17, 2009.
  2. Frustrated with fantasy football? Try the Supreme Court on CNN.com, December 16, 2009.
  3. 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.
  4. Like To Gamble? Know the Supreme Court? It’s Your Lucky Day on Wall Street Journal Law Blog, November 11, 2009.

Experience

 

Clerkships

Judge Danny J. Boggs, U.S. Court of Appeals for the Sixth Circuit
Law Clerk (2011-2012)

Judge Kim R. Gibson, U.S. District Court for the Western District of Pennsylvania

Law Clerk (2009-2011)

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

Minor, Supply Chain & Information Sciences

Activities and Service

United States Commission on Civil Rights, Texas State Advisory Committee (1/2013 – Present)

The Harlan Institute (www.HarlanInstitute.org) (2/2010-Present)

  • 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.

JoshBlackman.com (9/09-Present)

  • Honoree in 2010 and 2013 ABA Blawg 100 as one of top 100 legal blogs on the Internet. Featured in the “Court Watch” section.
  • Personal blog, receiving average of 40,000 views 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) (11/09-Present)

  • Over 20,000 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.

TORCH, Houston (3/14 – Present)

  • Member of Board of Directors

LexPredict (7/14 – Present)

  • Director of Judicial Research

Institute for Human Studies (2/14-8/14)

  • Adjunct Program Officer – mentoring students interested in legal academia

Litigation

 

Awards

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