Search for: "Jonathan H. Adler"
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25 Jul 2018, 12:49 pm
A judge on the U.S. Court of Appeals for the Ninth Circuit casts a decisive vote four months after his deathYesterday, the U.S. Court of Appeals for the Ninth Circuit decided Altera Corporation v. Commissioner, a challenge to the Internal Revenue Service's treatment of cost-sharing arrangements for employee stock compensation. The panel split 2-1 on whether the IRS rule satisfied the requiremements of the Administrative Procedure Act (APA), reversing a lower court decision concluding the IRS… [read post]
17 Aug 2018, 6:27 pm
A new report on the academic influence of law faculties and tallies of legal citations by specialty.As Eugene noted, there is a new, updated study of law school "scholarly impact" by Gregory Sisk, et al. This study looks to measure the impact that different schools' law faculties have upon legal scholarship by looking at citation counts. (VCU isn't ranked, but as Ilya noted, it would apparently do quite well.) In light of the new study, Brian Leiter has posted updated lists of… [read post]
3 Apr 2018, 6:46 am
In his opening column for The Atlantic, Kevin Williamson ponders the place of libertarians (or, if you prefer, "classical liberals") in today's political environment. His conclusions are not pretty. If there ever was a "libertarian moment," Williamson argues we're quite far from one now. His essay begins: Senator Rand Paul is a man out of time. It was only a few years ago that the editors of Reason magazine held him up as the personification of what they imagined to be… [read post]
21 Feb 2018, 5:13 am
President Trump apparently wants to ban "bump stocks." Specifically, he has instructed Attorney General Jeff Sessions to have the Department of Justice interpret existing federal law to include bump stocks in the definition of a "machinegun." It may well be a good idea, but it's not clear the Department has the authority to do what the President wants. The President first instructed the Justice Department to consider whether bump stocks can be regulated as fully automatic… [read post]
16 Jan 2018, 6:49 am
Some Supreme Court watchers were hoping the justices might return from their winter break with a few opinions in decided cases. No such luck. This morning, when the Court convened for argument, it released orders from last week's conference, but no new opinions. Thus far this term, the Supreme Court has issued only one opinion in an argued case, a brief unanimous opinion by Justice Ruth Bader Ginsburg in Hamer v. Neighborhood Housing Services of Chicago. While we don't ususally see a ton… [read post]
2 Jan 2018, 3:52 pm
The Honorable Harry Pregerson served on the U.S. Court of Appeals for the Ninth Circuit for nearly 40 years, until his death in November of last year. Judge Pregerson's death did not end his service on the bench, however. Ed Whelan flags a Ninth Circuit decision issued on December 29 -- a month after Judge Pregerson died -- in which Judge Pregerson is listed as a member of the majority. A footnote to the opinion states: "Prior to his death, Judge Pregerson fully participated in this case… [read post]
15 Apr 2022, 7:39 am
(Jonathan H. [read post]
25 Jan 2022, 7:27 am
OSHA May Be Even Worse News for Climate Regulation than You Thought (Jonathan H. [read post]
15 Dec 2021, 4:58 pm
And in other coverage, at “The Volokh Conspiracy,” Jonathan H. [read post]
18 Aug 2020, 7:30 am
” And at “The Volokh Conspiracy,” Jonathan H. [read post]
25 Mar 2021, 4:35 pm
” And at “The Volokh Conspiracy,” Jonathan H. [read post]
12 Sep 2011, 12:53 pm
Timothy Lynch, of the Cato Institute Orin Kerr, of the George Washington University School of Law David H. [read post]
12 Aug 2023, 10:30 am
[The judges recognize that Congress ended their ability to review the Mountain Valley Pipeline, but they seem none too happy about it.] Last month, the Supreme Court vacated a stay entered by the U.S. Court of Appeals for the Fourth Circuit preventing further construction on the controversial Mountain Valley Pipeline (MVP) pending a hearing on last ditch legal efforts to prevent the pipeline's completion. As I noted at the time, the Supreme Court's intervention here was somewhat unusual,… [read post]
1 Jun 2023, 2:23 pm
[Years after the Ninth Circuit ordered the case dismissed, it is brought back to life with a surprising trial court order.] This afternoon, Judge Aiken on the U.S. District Court for the District of Oregon revived Juliana v. United States, aka the "Kids Climate Case," by granting the plaintiffs' motion to amend their complaint, some two years after the motion was filed. This is a remarkable order because the U.S. Court of Appeals for the Ninth Circuit previously ordered the case… [read post]
8 Apr 2023, 6:54 am
[On Good Friday, two district courts issued decisions on the FDA's approval of the abortion drug mifepristone.] Late yesterday, a district court in Texas issued its much-anticipated ruling in Alliance for Hippocratic Medicine v. Food and Drug Administration, a challenge to the FDA's approval of the abortion medication mifepristone, which has been on the market for over two decades. As some hoped and others feared, the court ruled against the FDA, concluding that mifepristone should not be… [read post]
29 Mar 2023, 12:03 pm
[And this lawsuit faces many of the same administrative law hurdles as does AHM v. FDA.] The Alliance for Hioppocratic Medicine's lawsuit seeking to force the Food and Drug Administration to revoke its approval of mifepristone, a widely used abortion medication, has received significant attention. (I've blogged on administrative law issues in the case here and here.) Less attention has been made to a parallel lawsuit filed by Demoratic state attorneys general seeking to force the FDA to… [read post]
20 Mar 2023, 8:34 am
[The Court's newest justice questions whether her colleagues are too quick to vacate lower court decisions.] Today the Supreme Court GVR'd in Chapman v. Doe, granting the petition, vacating the lower court decision, and remanding the case back to the U.S. Court of Appeals for the Eighth Circuit with instructions to dismiss the case as moot. The underlying dispute concerned minor Jane Doe's attempt to obtain a judicial bypass so as to obtain an abortion without notice to her… [read post]
8 Feb 2023, 5:04 am
[A new study challenges the conventional wisdom on voter ID laws.] A new study examining the effects of voter identification requirements suggests that such laws may not have the effects that many assume. The paper, "Who benefits from voter identification laws?" by Jeffrey Harden and Alejandra Campos, challenges the assumption that such requirements reduce Democratic turnout or otherwise advantage Republicans. Here is the abstract: In the first two decades of the twenty-first century,… [read post]
30 Dec 2022, 3:43 pm
[The Supreme Court's oral arguments have become significantly longer, but the Court has yet to issue an opinion on the merits so far this term.] 2022 will come to a close without the Supreme Court issuing a single opinion in an argued case during October Term 2022. Nor has the Court issued a per curiam merits opinion. This is unusual, particularly considering the (relatively) small size of the Court's docket. While the Supreme Court does not usually issue many Fall opinions, it typically… [read post]
1 Dec 2022, 12:19 pm
[The justices refuse to vacate the injunction against President Biden's student loan forgiveness policy, but accept certiorari.] Today the Supreme Court issued an order in Biden v. Nebraska, ensuring that the Supreme Court will hear at least one of the legal challenges to the BIden Administration's student loan forgiveness policy. The order reads: Consideration of the application to vacate injunction presented to Justice Kavanaugh and by him referred to the Court is deferred pending… [read post]
