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

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2009

The Risks of Blogging for an Aspiring Academic

December 10th, 2010

In my podcast with Jeanne Hoffman at Kosmos Online, she asked me a question that I have given a lot of thought–what are the risks of blogging for an aspiring academic. Here is my answer:

JH. I know a lot of academics are a little worried about putting things on the web because they’re not sure how it will affect their career. Maybe they’ll say something that lot of people will view negatively and it will affect their future or their ability to get tenure. What’s your opinion about that?

JB. Well maybe you should ask me after, or if I ever get a teaching appointment. That would probably be a safer vantage point to ask that. It’s worth noting that I realize I’m taking a risk. I recognize that fully. I’ve spoken with a lot of professors and nearly every one of them told me not to do it. I just ignore them. Here’s the way I look at it, to put this in IHS terms: if I have a comparative economic advantage which is blogging, writing, promoting ideas, developing thoughts, why would I not milk it? I think as the academy evolves towards the next generation, when you see blog posts being cited in Supreme Court decisions, some of the most leading professors in the world blogging, and you see current events in the law being decided on the blogosphere before they even make it into the law reviews, I think there is a certain added value, and I kind of recognize this, and I recognized that I was pretty good at writing quickly and responding to things quickly. For instance one of the things I do is instant analysis. For example if the Supreme Court decides a case, if it’s a 150 page opinion, I can just read it in maybe about an hour or so, maybe an hour and a half, and as I’m reading it I basically comment on it, and these posts get significant amount of traffic because people don’t have the time to read through the opinions so quickly. If the Supreme Court has oral arguments in a case I either attend or if I read the transcript it’s really the same thing, I can get it out really quick, and I’ve been able to get really good insight before anyone else on the internet. I mean, I’ve had the first analysis on some of the most important cases. So I think there’s a real need for me to build a brand for myself.

Now, as far as if there’s a risk, oh certainly. I’m 100 percent positive that if, one day, if someone on an appointments committee wants to spike my candidacy, it will not be very difficult for him or her to find a single tweet or blog post or something I wrote with one objectionable sentence. I think the same probably applies to some of the law articles I’ve written. I don’t really modify my style of writing based on the form too much.

So I think the broader point is whether an aspiring academic wants to write in areas that are controversial. I think the medium is less important. If I’m writing on constitutional law and people might not agree with my views, it doesn’t matter if I have a blog or a law review or I write an op-ed or if I write some other scholarly piece, they’ll find something they don’t like. So I would rather use my comparative advantage to go ahead than to risk it.

This is a question I am often asked, so perhaps I should elaborate. First, let me provide the same caveat I gave in the interview. I have not yet gone on the market. I do not have a tenure-track teaching position. Everything I say in this post may turn out to b 100% wrong, and I will be shuttered out of the ivory towers of academia forever after. As I blog, I understand those risks, and am willing to accept them. With those caveats, allow me to elaborate, and provide some anecdotal evidence based on experiences during the past year of blogging.

I’ve heard one too many horror stories about interviews, job talks, and visiting stints at other schools, in which a Professor was denied the job because of some quote taken out of context in some article. The same reasoning, it would seem, applies to blogging. It is probably much easier for an antagonistic academic to google a candidate’s name, and find a treasure trove of material. In fact, it is more likely that a blogger (myself included) makes an errant comment in a blog post, or a tweet, than he would probably not include in an edited law review article. Blogging is a risky job–but I think it’s worth it.

In the last year this blog has give me so many opportunities. I went from receiving zero hits a day to making it onto the ABA Blawg 100 in less than a year. I have received unsolicited offers to publish articles based solely on a blog post. I have launched a massively popular Fantasy Supreme Court League. I started a non-profit that is dedicated to helping students learn about our Constitution and the Supreme Court. I have provided insights and analysis on some of the most pressing Supreme Court cases before anyone else. I have made countless friends and contacts around the world. I have put my stamp on some of the defining legal issues of our time. I have made a name for myself, where there was none before. For these reasons, I am so grateful for my blog.

I could have taken the safe path and written articles about banal stuff, tried to fly under the radar, and hoped I would get lucky at the meat market. Or, I could roll the dice. Perhaps this gamble will not pay off. Perhaps in a few years I will look back at this as an act of juvenile immaturity,and regret it. Perhaps. I doubt it though.

JoshCast: Kosmos Online Interviews Me About Social Media in Academia

December 10th, 2010

Earlier this weak, I chatted with Jeanne Hoffman at Kosmos Online, who asked me a few questions about the use of social media in academia. Check out the podcast and transcript. I talk about the birth of my blog, FantasySCOTUS, the Harlan Institute, and some of the other cool stuff I work on.

Perhaps the only useful advice I offered was to this question:

JH. Do you have any advice for academics who would like to start using social media or anything available to them on the web to help advance their career or at least to kind of get their message out there?
JB. Find your voice. There’s so much chatter and repetitive nonsense on the web where people just kind of copy what other people say and link to other stories, and those blogs don’t really have much of an interest. Find your voice. Figure out what you want to say, figure out what you’re different at, what your comparative advantage is, then milk it. There are so many different elements of a blog that people like, but ultimately it comes down to, is this something I want to read and check on every day? And if there is something interesting or unique that you provide that other people don’t, you will get traffic. And it takes a while to find your tone, to find how you want to express yourself on the web and in the blogosphere, but before you start going overboard with any kind of blogs, twitter or whatever, just figure out what you want to do, and from there everything else will flow.
Jeanne also asked me about the risks of blogging for an aspiring academic. Let’s see how this pans out:

JH. I know a lot of academics are a little worried about putting things on the web because they’re not sure how it will affect their career. Maybe they’ll say something that lot of people will view negatively and it will affect their future or their ability to get tenure. What’s your opinion about that?

JB. Well maybe you should ask me after, or if I ever get a teaching appointment. That would probably be a safer vantage point to ask that. It’s worth noting that I realize I’m taking a risk. I recognize that fully. I’ve spoken with a lot of professors and nearly every one of them told me not to do it. I just ignore them. Here’s the way I look at it, to put this in IHS terms: if I have a comparative economic advantage which is blogging, writing, promoting ideas, developing thoughts, why would I not milk it? I think as the academy evolves towards the next generation, when you see blog posts being cited in Supreme Court decisions, some of the most leading professors in the world blogging, and you see current events in the law being decided on the blogosphere before they even make it into the law reviews, I think there is a certain added value, and I kind of recognize this, and I recognized that I was pretty good at writing quickly and responding to things quickly. For instance one of the things I do is instant analysis. For example if the Supreme Court decides a case, if it’s a 150 page opinion, I can just read it in maybe about an hour or so, maybe an hour and a half, and as I’m reading it I basically comment on it, and these posts get significant amount of traffic because people don’t have the time to read through the opinions so quickly. If the Supreme Court has oral arguments in a case I either attend or if I read the transcript it’s really the same thing, I can get it out really quick, and I’ve been able to get really good insight before anyone else on the internet. I mean, I’ve had the first analysis on some of the most important cases. So I think there’s a real need for me to build a brand for myself.

Now, as far as if there’s a risk, oh certainly. I’m 100 percent positive that if, one day, if someone on an appointments committee wants to spike my candidacy, it will not be very difficult for him or her to find a single tweet or blog post or something I wrote with one objectionable sentence. I think the same probably applies to some of the law articles I’ve written. I don’t really modify my style of writing based on the form too much.

So I think the broader point is whether an aspiring academic wants to write in areas that are controversial. I think the medium is less important. If I’m writing on constitutional law and people might not agree with my views, it doesn’t matter if I have a blog or a law review or I write an op-ed or if I write some other scholarly piece, they’ll find something they don’t like. So I would rather use my comparative advantage to go ahead than to risk it.

JoshBlackman.com — 14 Months, 1,330 Posts, 482,307 Published Words, and 362 words per post. I pwn Rand and Tolstoy.

December 2nd, 2010

Here are some statistics about the amount of ink I’ve spilled on this blog during the past 14 months on 1,330 posts. I have written a total of 482,307 words. (If you factor in the 7 law review articles I have written over that period, the total is in the ballpark of 600,000 words). By way of comparison, Atlas Shrugged has 540,000 words and War and Peace has 460,000 words. Each post had an average of 362 words.


Largest Posts

Words Title Type Status
9,037 Instant Analysis: McDonald v. Chicago Post Publish
5,398 Awesome HD Video for McDonald v. Chicago – Lightning Strikes Chicago Skyline in Slow Motion Post Publish
4,426 The Constitutionality of Social Cost Post Publish
3,191 Instant Analysis of Salazar v. Buono Post Publish
3,092 Instant Analysis: Schwarzenegger v. EMA Post Publish
2,927 Original Crime: Another Reply to Professor Kerr, and When did Congress Criminalize Intrastate Activities? Post Publish
2,622 LiveBlog: Justice Thomas Speaks Live at University of Florida Post Publish
2,494 Overview of Amici Supporting City of Chicago in McDonald v. Chicago Post Publish

Monthly Statistics

Month Words Published Posts Published Pages Published Total Draft Posts Draft Pages Draft Total
2010-12 2,909 2,909 Words
264 Word Avg.
0 Words
0 Word Avg.
2,909 Words
264 Word Avg.
0 Words
0 Word Avg.
0 Words
0 Word Avg.
0 Words
0 Word Avg.
2010-11 34,950 34,426 Words
313 Word Avg.
360 Words
360 Word Avg.
34,786 Words
313 Word Avg.
164 Words
82 Word Avg.
0 Words
0 Word Avg.
164 Words
82 Word Avg.
2010-10 24,524 22,795 Words
321 Word Avg.
0 Words
0 Word Avg.
22,795 Words
321 Word Avg.
1,729 Words
346 Word Avg.
0 Words
0 Word Avg.
1,729 Words
346 Word Avg.
2010-09 23,448 17,155 Words
296 Word Avg.
0 Words
0 Word Avg.
17,155 Words
296 Word Avg.
6,293 Words
1,259 Word Avg.
0 Words
0 Word Avg.
6,293 Words
1,259 Word Avg.
2010-08 23,169 22,567 Words
370 Word Avg.
0 Words
0 Word Avg.
22,567 Words
370 Word Avg.
602 Words
151 Word Avg.
0 Words
0 Word Avg.
602 Words
151 Word Avg.
2010-07 32,456 28,400 Words
384 Word Avg.
0 Words
0 Word Avg.
28,400 Words
384 Word Avg.
4,056 Words
811 Word Avg.
0 Words
0 Word Avg.
4,056 Words
811 Word Avg.
2010-06 61,895 57,823 Words
540 Word Avg.
0 Words
0 Word Avg.
57,823 Words
540 Word Avg.
4,072 Words
226 Word Avg.
0 Words
0 Word Avg.
4,072 Words
226 Word Avg.
2010-05 21,648 21,212 Words
283 Word Avg.
0 Words
0 Word Avg.
21,212 Words
283 Word Avg.
436 Words
87 Word Avg.
0 Words
0 Word Avg.
436 Words
87 Word Avg.
2010-04 19,814 19,703 Words
469 Word Avg.
0 Words
0 Word Avg.
19,703 Words
469 Word Avg.
111 Words
111 Word Avg.
0 Words
0 Word Avg.
111 Words
111 Word Avg.
2010-03 18,939 18,636 Words
333 Word Avg.
0 Words
0 Word Avg.
18,636 Words
333 Word Avg.
303 Words
76 Word Avg.
0 Words
0 Word Avg.
303 Words
76 Word Avg.
2010-02 20,007 20,007 Words
435 Word Avg.
0 Words
0 Word Avg.
20,007 Words
435 Word Avg.
0 Words
0 Word Avg.
0 Words
0 Word Avg.
0 Words
0 Word Avg.
2010-01 30,005 28,508 Words
380 Word Avg.
0 Words
0 Word Avg.
28,508 Words
380 Word Avg.
1,497 Words
499 Word Avg.
0 Words
0 Word Avg.
1,497 Words
499 Word Avg.
2009-12 48,196 47,797 Words
359 Word Avg.
0 Words
0 Word Avg.
47,797 Words
357 Word Avg.
399 Words
50 Word Avg.
0 Words
0 Word Avg.
399 Words
50 Word Avg.
2009-11 67,119 66,267 Words
331 Word Avg.
0 Words
0 Word Avg.
66,267 Words
330 Word Avg.
852 Words
170 Word Avg.
0 Words
0 Word Avg.
852 Words
170 Word Avg.
2009-10 68,685 67,898 Words
361 Word Avg.
0 Words
0 Word Avg.
67,898 Words
361 Word Avg.
4 Words
4 Word Avg.
0 Words
0 Word Avg.
4 Words
4 Word Avg.
2009-09 5,954 4,847 Words
202 Word Avg.
1,099 Words
366 Word Avg.
5,946 Words
220 Word Avg.
8 Words
8 Word Avg.
0 Words
0 Word Avg.
8 Words
8 Word Avg.

JoshBlackman.com — 14 Months, 1,330 Posts, 482,307 Published Words, and 362 words per post. I pwn Rand and Tolstoy.

December 2nd, 2010

Here are some statistics about the amount of ink I’ve spilled on this blog during the past 14 months on 1,330 posts. I have written a total of 482,307 words. (If you factor in the 7 law review articles I have written over that period, the total is in the ballpark of 600,000 words). By way of comparison, Atlas Shrugged has 540,000 words and War and Peace has 460,000 words. Each post had an average of 362 words.


Largest Posts

Words Title Type Status
9,037 Instant Analysis: McDonald v. Chicago Post Publish
5,398 Awesome HD Video for McDonald v. Chicago – Lightning Strikes Chicago Skyline in Slow Motion Post Publish
4,426 The Constitutionality of Social Cost Post Publish
3,191 Instant Analysis of Salazar v. Buono Post Publish
3,092 Instant Analysis: Schwarzenegger v. EMA Post Publish
2,927 Original Crime: Another Reply to Professor Kerr, and When did Congress Criminalize Intrastate Activities? Post Publish
2,622 LiveBlog: Justice Thomas Speaks Live at University of Florida Post Publish
2,494 Overview of Amici Supporting City of Chicago in McDonald v. Chicago Post Publish

Monthly Statistics

Month Words Published Posts Published Pages Published Total Draft Posts Draft Pages Draft Total
2010-12 2,909 2,909 Words
264 Word Avg.
0 Words
0 Word Avg.
2,909 Words
264 Word Avg.
0 Words
0 Word Avg.
0 Words
0 Word Avg.
0 Words
0 Word Avg.
2010-11 34,950 34,426 Words
313 Word Avg.
360 Words
360 Word Avg.
34,786 Words
313 Word Avg.
164 Words
82 Word Avg.
0 Words
0 Word Avg.
164 Words
82 Word Avg.
2010-10 24,524 22,795 Words
321 Word Avg.
0 Words
0 Word Avg.
22,795 Words
321 Word Avg.
1,729 Words
346 Word Avg.
0 Words
0 Word Avg.
1,729 Words
346 Word Avg.
2010-09 23,448 17,155 Words
296 Word Avg.
0 Words
0 Word Avg.
17,155 Words
296 Word Avg.
6,293 Words
1,259 Word Avg.
0 Words
0 Word Avg.
6,293 Words
1,259 Word Avg.
2010-08 23,169 22,567 Words
370 Word Avg.
0 Words
0 Word Avg.
22,567 Words
370 Word Avg.
602 Words
151 Word Avg.
0 Words
0 Word Avg.
602 Words
151 Word Avg.
2010-07 32,456 28,400 Words
384 Word Avg.
0 Words
0 Word Avg.
28,400 Words
384 Word Avg.
4,056 Words
811 Word Avg.
0 Words
0 Word Avg.
4,056 Words
811 Word Avg.
2010-06 61,895 57,823 Words
540 Word Avg.
0 Words
0 Word Avg.
57,823 Words
540 Word Avg.
4,072 Words
226 Word Avg.
0 Words
0 Word Avg.
4,072 Words
226 Word Avg.
2010-05 21,648 21,212 Words
283 Word Avg.
0 Words
0 Word Avg.
21,212 Words
283 Word Avg.
436 Words
87 Word Avg.
0 Words
0 Word Avg.
436 Words
87 Word Avg.
2010-04 19,814 19,703 Words
469 Word Avg.
0 Words
0 Word Avg.
19,703 Words
469 Word Avg.
111 Words
111 Word Avg.
0 Words
0 Word Avg.
111 Words
111 Word Avg.
2010-03 18,939 18,636 Words
333 Word Avg.
0 Words
0 Word Avg.
18,636 Words
333 Word Avg.
303 Words
76 Word Avg.
0 Words
0 Word Avg.
303 Words
76 Word Avg.
2010-02 20,007 20,007 Words
435 Word Avg.
0 Words
0 Word Avg.
20,007 Words
435 Word Avg.
0 Words
0 Word Avg.
0 Words
0 Word Avg.
0 Words
0 Word Avg.
2010-01 30,005 28,508 Words
380 Word Avg.
0 Words
0 Word Avg.
28,508 Words
380 Word Avg.
1,497 Words
499 Word Avg.
0 Words
0 Word Avg.
1,497 Words
499 Word Avg.
2009-12 48,196 47,797 Words
359 Word Avg.
0 Words
0 Word Avg.
47,797 Words
357 Word Avg.
399 Words
50 Word Avg.
0 Words
0 Word Avg.
399 Words
50 Word Avg.
2009-11 67,119 66,267 Words
331 Word Avg.
0 Words
0 Word Avg.
66,267 Words
330 Word Avg.
852 Words
170 Word Avg.
0 Words
0 Word Avg.
852 Words
170 Word Avg.
2009-10 68,685 67,898 Words
361 Word Avg.
0 Words
0 Word Avg.
67,898 Words
361 Word Avg.
4 Words
4 Word Avg.
0 Words
0 Word Avg.
4 Words
4 Word Avg.
2009-09 5,954 4,847 Words
202 Word Avg.
1,099 Words
366 Word Avg.
5,946 Words
220 Word Avg.
8 Words
8 Word Avg.
0 Words
0 Word Avg.
8 Words
8 Word Avg.

JoshBlackman.com 1,000th Post Spectacular Extravaganza Top 10 Countdown!

July 21st, 2010

I am very proud to announce that JoshBlackman.com has just hit post #1,000. In honor of this momentous occasion, I figured I would feature a countdown of my top 10 favorite blog posts of all time.

10. Oyez, Oyez, Oyez! JoshBlogs.WordPress.com Is Live! – This was my first blog post on September 29, 2009. For those of you who are long-time fans, originally I blogged at joshblogs.wordpress.com, and only moved to JoshBlackman.com on November 24, 2009. I launched this blog without knowing what the heck I was doing, but looking back, I am very glad I started to blog.

9. Constitutional Places: A New Coffee Table Book from the Harlan Institute for Constitutional Studies. – One of my other initiatives this year was to co-develop an illustrated book titled Constitutional Places, Constitutional faces. This book assembles photographs and narratives of the stories behind famous constitutional law cases. This project has yielded some absolutely amazing photographs, never-before-seen records, and has allowed me to interview some pretty cool people. I can’t wait to see the book in print. Stay tuned.

8. Pic: My JHNGALT License Plate. The Only Way to Go Galt! – I’ll let the picture speak for itself. Needless to say, this license plate makes me laugh every time I see it.

7. I will be a Teaching Fellow at Penn State Law during the 2010-11 Academic School Year – During the spring 2010 semester I was fortunate to search as a teaching assistant for Judge Gibson at the Penn State Law School, and was able to give several lectures to the students. I was even more fortunate to be rewarded with a teaching fellowship by the law school for the 2010-11 school year. I can’t wait!

6. JoshVlog: Interview with Atlas in Rockefeller Center. Who is John Galt? – So I was visiting Rockefeller Center with my parents and saw the Atlas statue. With my flip camera in hand, I figured, why not make an impromptu video! Though the production value is quite poor, I was happy with it.

5. McDonald v. Chicago Instant Analysis – The evening before oral arguments in McDonald, I spent the night sleeping on the sidewalk in order to ensure that I would receive a seat. Within minutes after exiting oral arguments, I blogged “The Court was not at all receptive to arguments on Privileges or Immunities but incorporation on Due Process is a slam dunk.” This was the first reaction to McDonald anywhere on the blogosphere, and you found it here first. This post has one of the most thorough analysis anywhere of oral arguments.

4. FantasySCOTUS.net Predictions of the 10th Justice– Relying on the votes of members of the FantasySCOTUS.net Fantasy League I launched, with the invaluable assistance of Corey Carpenter, I was able to generate predictions for almost all of the Supreme Court cases the Court considered this term with a decent degree of accuracy. Additionally, I called Elena Kagan as the nominee. This was an exciting project that spawned from a simple idea to over 5,000 members, and paved the way for my non-profit, the Harlan Institute.

3. Justice O’Connor’s iCivics and Harlan Institute Announce New Partnership – This past year I co-founded the Harlan Institute.The Harlan Institute’s mission is to bring a stylized law school experience into the high school classroom to ensure that our next generation of leaders has a proper understanding of our most fundamental laws. I spent quite some time working with the fantastic team at Justice O’Connor’s iCivics, and we developed a robust partnership to help teach the next generation about the Constitution and the Supreme Court. I am so proud of this initiative.

2. HLS Flashback from 1900: Student goes insane during Con Law Final, Dies from “Overstudy” – By far, this was my most popular blog post of all time. With links from Volokh, Above The Law, and thousands of facebook and twitter accounts, this post went viral and hit 30,000 unique pageviews in 2 days. Absolutely hilarious too.

1. Question Presented in 2nd Amendment Case Asks About Privileges or Immunities Clause – This is really where it all started. Before this post I had no real involvement in McDonald v. Chicago other than a fleeting interest in guns. After this post, it was full steam ahead. In this post, way back on September 30, I began to discuss my idea for Pandora’s Box. About 3 months later, I turned this initial blog post into a 90 page article with Ilya Shapiro published in the Georgetown Journal of Law & Public Policy. If I could locate the exact moment when I knew I had something cool, it was this blog post.

I hope to keep bringing everyone the highest quality legal analysis, humor, and insight. Thanks for visiting.