Blog

Between 2009 and 2020, Josh published more than 10,000 blog posts. Here, you can access his blog archives.

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Breaking: D.C Circuit Grants Rehearing En Banc in Halbig

September 4th, 2014

The order is here. There is no noted dissent or concurrence.

Update: Arguments will be held on Dec. 17, 2014. That means an opinion will happen, at the earliest in the spring of 2015. That opinion will be too late for the October 2014, but would be on the cert docket for the October 2015 term.

Video: Supreme Court Roundup at South Texas College of Law with Ilya Shapiro

September 3rd, 2014

Today, my good friend Ilya Shapiro graced the South Texas College of Law Federalist Society Chapter with his boots and bolo tie (seriously) to provide an overview of the Supreme Court term. Along with my colleague Rocky Rhodes, we attempted to keep Ilya in check, though we failed miserably.  Here is the video.

Prop1 Class 5 – Property in Yourself

September 3rd, 2014

Today we will discuss how you can own property in yourself.

The lecture notes are here, and the live chat is here. Here is a recent article about the rights of publicity of college football players.

First, we’ll do the case of Vanna White v. Samsung Electronic America.

vanna v. samsung

The dissental was authored by Judge Kozinski, a colorable character on the 9th Circuit.

Alex_kozinski_080612

Here is the image of robot Vanna White. Alas neither of these predictions of the year 2012 came true (well played, Mayans).

1988-vanna-white-robot

Samsung had a series of ads displaying their products in the 21s century.

1988-Dec-Smithsonian-steak-samsung

 

To learn more about property rights in cell lines, I highly commend you read The Immortal Life of Henrietta Lacks. This article in Salon discusses it.

In 2013, the National Institute of Health reached an agreement to honor Lacks’s memory:

On Tuesday, the National Institute of Health announced it was, at long last, making good with Lacks’ family. Under a new agreement, Lack’s genome data will be accessible only to those who apply for and are granted permission. And two representatives of the Lacks family will serve on the NIH group responsible for reviewing biomedical researchers’ applications for controlled access to HeLa cells. Additionally, any researcher who uses that data will be asked to include an acknowledgement to the Lacks family in their publications.

The new understanding between the NIH and the Lacks family does not include any financial compensation for the family. The Lacks family hasn’t, and won’t, see a dime of the profits that came from the findings generated by HeLa cells. But this is a moral and ethical victory for a family long excluded from any acknowledgment and involvement in genetic research their matriarch made possible.

Prop2 Class 5 – Contract of Sales III

September 3rd, 2014

Today we will talk about implied warranties of quality, and introduce the concept of the deeds.

The lecture notes are available here. The livechat is available here.

This story about whether a seller has a duty to disclose that a previous owner of a home died from a drug overdose ties into our lecture from last class. Also this story, explores whether a buyer in New York City can recover a $5 million downpayment for a luxury home.

This article talks about a Pennsylvania case where a buyer seeks to rescind a contract to purchase a house because the seller failed to disclose there was a murder-suicide in the home.

 

Video: Can Cops Search Your Cell Phone? Learn Liberty

September 2nd, 2014

Learn Liberty invited me to record a video on Riley v. California, and whether the police can search your cell phone after an arrest. I will be hosting a Learn Liberty Live session on October 1 at 7:00. This video and program is made for College students, and aims to give them an introduction to basic 4th Amendment principles. You can register here.