Search for: "Jonathan H. Adler"
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14 Jun 2022, 7:32 am
Gorsuch (Jonathan H. [read post]
24 Nov 2021, 6:30 am
for the Government to Solve Climate Problems (Dahlia Lithwick, Slate) Vaping in the Shadow Docket (Jonathan [read post]
22 Nov 2021, 5:56 am
Monday (Emily Caldwell, The Dallas Morning News) The Rarity of November Decisions in Argued Cases (Jonathan [read post]
26 Jul 2013, 7:23 am
H/t to Adler. [read post]
12 Aug 2025, 8:19 pm
See Jonathan H. Adler, Are There Too Many Dissents from Denial of En Banc Petitions? [read post]
19 Jul 2023, 7:08 am
Here is a taste: A recent collection of essays edited by Jonathan Adler seeks to answer the question [read post]
3 Jun 2023, 12:43 pm
[A new review suggests modest incentives appear to have positive effects on vaccine uptake.] During the COVID-19 pandemic, some states experimented with incentives to encourage people to get vaccinated. Ohio was one. Early indications were that such incentives helped, but subsequent studies cast doubt on that conclusion. A new systematic review of studies looking at the effect of economic incentives on vaccine uptake published in Preventative Medicine concludes that they appear to encourage… [read post]
5 May 2023, 2:18 pm
[The Supreme Court wants further briefing on whether it retains jurisdiction ] Last week, the North Carolina Supreme Court overturned its prior decision redrawing the state's congressional districts, thereby reversing the decision under review by the U.S. Supreme Court in Moore v. Harper. As Derek Muller noted over at the Election Law Blog, this could mean that Moore v. Harper is moot. Yesterday, the Court asked the parties for further briefing in light of these developments. The… [read post]
1 May 2023, 9:05 am
[One of today's two cert grants comes in a case asking the justices to reconsider Chevron v. NRDC. ] The Supreme Court granted certiorari in two cases today, Murray v. UBS Securities, LLC and and Loper Bright Enterprises v. Raimando. The first case concerns which party must demonstrate the existence of "retaliatory intent" (or lack thereof) for whistleblower claims under Sarbanes-Oxley, and the latter concerns the scope of the National Marine Fisheries Service's authority to… [read post]
24 Apr 2023, 7:26 pm
[Justice Kavanaugh was alone in noting his desire to accept certiorari in two cases the justices rejected. ] There were no opinions released by the Supreme Court today, but there was an Order List. The Court granted petitions for certiorari in two related cases concerning the use of social media by government officials (discussed by Eugene below). It denied certiorari in several dozen more. Although there were no opinions dissenting from the denials of certiorari, the Court's order list noted… [read post]
28 Mar 2023, 2:19 pm
mifepristone to allow mail-in abortions in violation of the FDCA and other federal laws, Professor Adler [read post]
6 Mar 2023, 3:35 pm
[A NewYorker essay on why no one studies English anymore.] One of the latest articles about higher education in The New Yorker is "The End of the English Major," by Nathan Heller. It analyzes the precipitous decline in college students who choose to major in English, as well as the broader decline in enrollment in the humanities. The crisis, when it came, arrived so quickly that its scale was hard to recognize at first. From 2012 to the start of the pandemic, the number of English… [read post]
23 Jan 2023, 5:56 pm
[Daryl Morey raises concerns about the lack of free expression at his alma mater.] Does the Massachsuetts Institute of Technology have a free speech problem? Daryl Morey, an MIT alum, thinks so, and wrote about it for the Wall Street Journal. In a new op-ed Morey writes: The data point to a growing problem: According to the Foundation for Individual Rights and Expression, MIT ranks an abysmal 181st out of 203 universities when it comes to students' belief that the administration… [read post]
17 Aug 2022, 3:10 pm
[Assessing an aggressive Fifth Circuit opinion declaring Securities & Exchange Commission proceedings unconstituional.] Earlier this year, in Jarkesy v. SEC, a divided panel of the U.S. Court of Appeals for the Fifth Circuit held that Securities and Exchange Commission's enforcement proceedings are unconstitutional on three separate grounds. Judge Elrod wrote for the panel, joined by Judge Oldham. Judge Davis dissented. Last month, the SEC filed a petition for en banc review.… [read post]
2 Jun 2022, 10:41 am
[Questions about the scope of federal power will remain. ] In today's Washington Post Robert George and Joshua Craddock argue that Congress can and should enact federal legislation to "enforce constitutional rights for the unborn" if the Supreme Court overturns Roe v. Wade. Echoing some of the arguments made in this amicus brief submitted in the Dobbs case, George and Craddock argue that the 14th Amendment protects the unborn. They then go further and assert that… [read post]
18 May 2022, 8:21 am
[A revealing interview on the Supreme Court, Chief Justice Roberts, climate change, and Tribe's tweeting habits.] The New Yorker's Isaac Chotiner interviews noted Harvard law professor Laurence Tribe for the latest issue. The brief-yet-broad interview covers a range of topics, and includes some of the "gotcha" questions for which Chotiner is known. In the interview, Professor Tribe describes how he embraced the Supreme Court's ideological direction during the Warren and… [read post]
14 Apr 2022, 6:54 pm
[Not a single judge on the U.S. Court of Appeals for the Fifth Circuit sought to reconsider a stay of a district court opinion barring consideration of the Biden Administration's social cost of carbon estimates.] Earlier this year, a federal district court in Louisiana enjoined federal agencies from relying upon or considering estimates of the costs of greenhouse gas emissions -- the so-called "Social Cost of Carbon -- developed by an interagency working group. The opinion was a bit of a… [read post]
30 Mar 2022, 1:42 pm
[Market-driven dematerialization is the unsung environmental success story of the 21st century.] Fifty years ago, researchers at MIT produced The Limits to Growth, a report on how existing economic trends foretold environmental ruin. Left unchecked, the authors predicted, expanding populations and economic growth would exhaust global resources. and ultimately prompt civilizational collapse. The models upon which Limits was based suggested that global reserves of copper, silver, lead, tin,… [read post]
22 Feb 2022, 10:50 am
[Well-intentioned regulation often constrains the development and deployment of clean technologies.] Stabilizing greenhouse gas emissions will require a dramatic expansion of renewable and other clean energy technologies and associated transmission capacity. The recently passed bipartisan infrastructure bill authorizes funding for some such projects, but such funding only matters if the projects can get built. Unfortunately, government regulation -- including much environmental regulation -- can get… [read post]
21 Feb 2022, 7:23 pm
[Why the arguments the Supreme Court lacks jurisdiction to hear the latest climate change case likely lack merit.] On Monday, February 28, the Supreme Court will hear oral argument in West Virginia v. Environmental Protection Agency, a challenge to the scope of the EPA's authority to regulate greenhouse gas emissions from power plants. As I discussed in a prior post, the Solicitor General and some of the respondents argue that the Court lacks jurisdiction to hear the case because the… [read post]
