Josh Blackman

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About Josh Blackman
Josh is an Associate Professor of Law at the South Texas College of Law in Houston who specializes in constitutional law, the United States Supreme Court, and the intersection of law and technology. Josh is the author of three books: Unprecedented: The Constitutional Challenge to Obamacare (2013), Unraveled: Obamacare, Religious Liberty, and Executive Power (Cambridge University Press, 2016), and An Introduction to Constitutional Law: 100 Supreme Court Cases Everyone Should Know.
Josh was selected by Forbes Magazine for the “30 Under 30” in Law and Policy. Josh has twice testified before the House Judiciary Committee on the constitutionality of executive action on immigration and health care. He is an adjunct scholar at the Cato Institute. Josh is the founder and President of the Harlan Institute, the founder of FantasySCOTUS, the Internet’s Premier Supreme Court Fantasy League, and blogs at JoshBlackman.com. Josh is the author of over four dozen law review articles, and his commentary has appeared in The New York Times, Wall Street Journal, Washington Post, USA Today, L.A. Times, and other national publications.
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Books By Josh Blackman
Buy a new version of this book and receive access to the video series that accompanies the text hosted on CasebookConnect.com.
This multimedia platform combines a book and video series that will change the way you study constitutional law. An Introduction to Constitutional Law teaches the narrative of constitutional law as it has developed over the past two centuries. All students—even those unfamiliar with American history—will learn the essential background information to grasp how this body of law has come to be what it is today. An online library of sixty-three videos brings the Supreme Court’s one hundred most important decisions to life. These videos are enriched by photographs, maps, and even audio from the Supreme Court. The book and videos are accessible for all levels: law school, college, high school, home school, and independent study. Students can read and watch these materials before class to prepare for lectures or study after class to fill in any gaps in their notes. And, come exam time, students can binge-watch the entire canon of constitutional law in about twelve hours.
To receive access to the video series you must purchase a new version of the book.
Buy a new version of this textbook and receive access to the Connected eBook with Study Center on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks
Constitutional Law: Cases in Context, Third Edition places primary emphasis on how constitutional law has developed since the Founding, its key foundational principles, and recurring debates. By providing both cases and context, it conveys the competing narratives that all lawyers ought to know and all constitutional practitioners need to know. Teachable, manageable, class-sized chunks of material are suited to one-semester courses or reduced credit configurations. Generous case excerpts make the text flexible for most courses. Cases are judiciously supplemented with background readings from various sources. Innovative study guide questions presented before each case help students focus on the salient issues, challenging them to consider the court’s opinions from various perspectives, and suggesting comparisons or connections with other cases.
Key Benefits:
- Revised doctrinal areas with newer cases.
- Updated background contextual material to reflect current scholarship.
- A highly accessible and engaging structure that examines the competing narratives that pervade the development of American constitutional law since the founding.
- Related cases are grouped together into “assignments” and make for a reasonable amount of reading for each topic.
- A wealth of photographs, maps, and primary documents to bring the cases to life.
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources.
Constitutional Structure: Cases in Context, Second Edition places primary emphasis on how constitutional law has developed since the Founding, its key foundational principles, and recurring debates. By providing both cases and context, it conveys the competing narratives that all lawyers ought to know and all constitutional practitioners need to know. Teachable, manageable, class-sized chunks of material are suited to one-semester courses or reduced credit configurations. Generous case excerpts make the text flexible for most courses. Cases are judiciously supplemented with background readings from various sources. Innovative study guide questions presented before each case help students focus on the salient issues, challenging them to consider the court’s opinions from various perspectives, and suggesting comparisons or connections with other cases.
Key Benefits:
- Revised doctrinal areas with newer cases.
- Updated background contextual material to reflect current scholarship.
- A highly accessible and engaging structure that examines the competing narratives that pervade the development of American constitutional law since the founding.
- Related cases are grouped together into “assignments” and make for a reasonable amount of reading for each topic.
- A wealth of photographs, maps, and primary documents to bring the cases to life.
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources.
Constitutional Rights: Cases in Context, Second Edition places primary emphasis on how constitutional law has developed since the Founding, its key foundational principles, and recurring debates. By providing both cases and context, it conveys the competing narratives that all lawyers ought to know and all constitutional practitioners need to know. Teachable, manageable, class-sized chunks of material are suited to one-semester courses or reduced credit configurations. Generous case excerpts make the text flexible for most courses. Cases are judiciously supplemented with background readings from various sources. Innovative study guide questions presented before each case help students focus on the salient issues, challenging them to consider the court’s opinions from various perspectives, and suggesting comparisons or connections with other cases.
Key Benefits:
- Revised doctrinal areas with newer cases.
- Updated background contextual material to reflect current scholarship.
- A highly accessible and engaging structure that examines the competing narratives that pervade the development of American constitutional law since the founding.
- Related cases are grouped together into “assignments” and make for a reasonable amount of reading for each topic.
- A wealth of photographs, maps, and primary documents to bring the cases to life.
In 2012, the United States Supreme Court became the center of the political world. In a dramatic and unexpected 5-4 decision, Chief Justice John Roberts voted on narrow grounds to save the Affordable Care Act, commonly known as Obamacare. Unprecedented tells the inside story of how the challenge to Obamacare raced across all three branches of government, and narrowly avoided a constitutional collision between the Supreme Court and President Obama.
On November 13, 2009, a group of Federalist Society lawyers met in the Mayflower Hotel in Washington, D.C., to devise a legal challenge to the constitutionality of President Obama's "legacy" -- his healthcare reform. It seemed a very long shot, and was dismissed peremptorily by the White House, much of Congress, most legal scholars, and all of the media. Two years later the fight to overturn the Affordable Care Act became a political and legal firestorm. When, finally, the Supreme Court announced its ruling, the judgment was so surprising that two cable news channels misreported it and announced that the Act had been declared unconstitutional.
Unprecedented offers unrivaled inside access to how key decisions were made in Washington, based on interviews with over one hundred of the people who lived this journey -- including the academics who began the challenge, the attorneys who litigated the case at all levels, and Obama administration attorneys who successfully defended the law. It reads like a political thriller, provides the definitive account of how the Supreme Court almost struck down President Obama's "unprecedented" law, and explains what this decision means for the future of the Constitution, the limits on federal power, and the Supreme Court.
The Harvard Journal of Law & Public Policy is the nation’s leading forum for conservative and libertarian legal scholarship, one of the most widely circulated student-edited law reviews, and the first and bestselling law review available for the Kindle. The Journal is published three times annually by the Harvard Society for Law & Public Policy, Inc., an organization of Harvard Law School students.
Dynamic recent authors include Richard Epstein, Robert George, John Ashcroft, Judge Thomas Griffith, and Ron Paul. In the past, we have published pieces by former Chief Justice William Rehnquist, Justice Antonin Scalia, and Justice Clarence Thomas.
In this Issue:
From The Federalist Society National Lawyers Convention 2010:
- Direct Democracy: Government of the People, by the People, and for the People?, by Richard A. Epstein
- Elections Matter, by Michael J. Gerhardt
- How To Count to Thirty-four: The Constitutional Case for a Constitutional Convention, by Michael Stokes Paulsen
- Entrenching Good Government Reforms, by Mark V. Tushnet
- The Constitutionality of Proposition 8, by Richard A. Epstein
Three Articles:
- Embodied Equality: Debunking Equal Protection Arguments for Abortion Rights, by Erika Bachiochi
- The Constitutionality of Social Cost, by Josh Blackman
- May Lawyers Be Given the Power To Elect Those Who Choose Our Judges? "Merit Selection" and Constitutional Law, by Nelson Lund
Two Notes:
- What's the Harm? Nontaxpayer Standing To Challenge Religious Symbols
- Why We Cannot Ask Why: Ethical Independence and Voter Intent
And Two Recent Developments:
- The Changing Landscape of Firearm Legislation in the Wake of McDonald v. City of Chicago, 130 S. Ct. 3020 (2010)
- Machinegunning Reason: Sentencing Factors and Mandatory Minimums in United States v. P'Brien, 130 S. Ct. 2169 (2010)
Enjoy!