Search for: "Jonathan Adler"
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26 Mar 2012, 3:28 pm
I am sorry to report that Professor Adler, a leading contributor to epistemology and Professor of Philosophy [read post]
18 Jul 2023, 9:05 am
[October Term 2022 saw a significant drop in the number of paid petitions for certiorari. Is it a trend?] There were only 1,252 paid petitions for certiorari filed with the Supreme Court in October Term 2022. This is well below the average number submitted during the prior five-year and ten-year periods (1,645.8 and 1593.8 respectively), as Michael Migiel-Schwartz notes in an interesting SCOTUSBlog post. Is this a trend? Migiel-Schwartz writes: This year's decline is substantial: a 21.2 percent… [read post]
30 Apr 2023, 7:16 am
[This Supreme Court term is setting a record for not releasing opinions in argued cases. ] October Term 2022 continues to be a term of longer arguments and fewer opinions. The Supreme Court has issued fewer opinions at this point in its term than during any term in the past century, even though it hears far fewer cases. Lawrence Hurley of NBC News has the details: Back in 1923, the Supreme Court had issued 157 rulings by May 1 in a term that started the previous fall. On the same date a… [read post]
27 Jun 2022, 7:11 am
[The Supreme Court may have overturned Roe v. Wade, but it has not ended legal battles over abortion. ] The Supreme Court's decision in Dobbs v. Jackson Women's Health Organization overturned Roe v. Wade and concluded that the Fourteenth Amendment's Due Process clause does not protect a fundamental right to terminate a pregnancy. This will put an end to cases questioning whether a given set of abortion regulations constitute an "undue burden" on a woman's… [read post]
23 Nov 2021, 7:30 pm
[An electronic cigarette manufacturer seeks a stay of FDA action from the Supreme Court.] On November 12, the U.S. Court of Appeals for the Sixth Circuit rejected an electronic cigarette manufacturer's application of a stay of the Food and Drug Administration's order rejecting its application seeking approval of some of its vaping products. Now that e-cigarette company, Breeze Smoke, has filed an emergency application for a stay with Justice Kavanaugh. As Breeze Smoke's… [read post]
25 Mar 2025, 7:43 am
[Derek Muller explores recent changes in the test, how it is administered, and how it affects US News rankings.] The Law School Admission Test (LSAT) has undergone significant changes over the past two decades--changes in its composition, administration, and score reporting--that may be affecting its reliability as a predictor of law school performance. In addition, US News has changed its weighting and treatment of LSAT scores, altering the incentives for law schools to prioritize the LSAT… [read post]
22 Jan 2024, 12:59 pm
My co-panelists will be Jonathan Robbins and Jesse Panuccio. [read post]
29 Jul 2018, 8:10 am
A new study suggests that trigger warnings may actually increase student vulnerability to offensive or troubling material.Is it possible that "trigger warnings" -- warnings to students and others that they are about to encounter potentially offensive or disturbing material -- do more harm than good? A new study suggests that may be the case. The study, "Trigger Warning: Empirical Evidence Ahead," by Benjamin W.Bellet, Payton J.Jones, and Richard J.McNally, was just published… [read post]
8 Jul 2018, 7:05 am
The Supreme Court's October 2017 term was not a modest one. In three of the Court's final decisions of the term, the Court overturned longstanding precedents in three significant areas. In Janus v. AFSCME, the Court overturned Abood v. Detroit Board of Education to hold unconstitutional mandatory agency fees for public sector workers. In South Dakota v. Wayfair, the Court overturned Quill Corp. v. North Dakota and National Bellas Hess Inc. v. Department of Revenue of Illinois to allow… [read post]
12 Mar 2018, 9:06 am
A hearty congratulations to Professor Josh Blackman for winning the 2018 Joseph Story Award from the Federalist Society. I would assume Professor Blackman does not need too much of an introduction to the VC readership, as he has repeatedly guest-blogged in our pages. For those who missed those posts, here's a quick rundown: Blackman is an Associate Professor of Law at the South Texas College of Law in Houston, founder of both the Harlan Institute and FantasySCOTUS, author of two excellent books… [read post]
10 May 2025, 6:46 am
[The justices reflect on their former colleague.] As has become traditional, the sitting and retired justices of the Supreme Court have issued statements regarding the death of Justice David Souter. All of the justices participated, including those who did not serve with him on the Court. The statements may be found here. For those interested in Justice Souter's jurisprudence, beyond what is found in his opinions, here is the commencement speech he delivered at Harvard in 2010.The post… [read post]
30 Mar 2024, 2:05 pm
[Professor Marc De Girolami's assessment of the Roberts Court.] Is the current Supreme Court an originalist court? Should it be? Professor Marc O. De Girolami has an op-ed in the New York Times arguing that the current Supreme Court has embraced traditionalism in its approach to constitutional interpretation, and that this is a good thing. It is a worthwhile read. Here is a taste: This court is conventionally thought of as originalist. But it is often more usefully and accurately understood… [read post]
30 Sep 2023, 10:49 am
[Fall 2023 lectures and panels on various subjects, but mostly climate change policy.] Unlike Ilya, I have been delinquent in posting information on upcoming speaking engagements. I forgot to let readers know about my talk to the University of Michigan Law School Federalist Society chapter on climate change policy (with a response by Prof. Rachel Rothschild), my presentation of my paper, "Standing without Injury" at the University of Chicago Constitutional Law Institute's Standing… [read post]
15 Jul 2025, 12:40 pm
[The passing of a legal giant.] Harvard law professor Richard Fallon passed away Sunday. He was an incredibly important and influential scholar and thinker. He was 73. The Harvard Crimson reports: A leading scholar in constitutional law, Fallon was widely regarded for his insightful, prolific academic output and his commitment to thoughtful debate. He has written extensively about the Supreme Court and constitutional interpretation, tackling how the more than 200-year-old document applies to the… [read post]
24 Apr 2023, 7:07 pm
[An argument that the wasteful law violates the Constitution's Port Preference Clause.] The Jones Act requires that cargo shipped between U.S. ports must be carried on vessels that are built, owned, crewed, and flagged in the U.S. These requirements are inefficient and lead to higher costs for domestic industry and consumers and contribute to supply-chain disruptions. The Jones Act is not only terrible policy. It may also be unconstitutional, or so Sam Heavenrich argues in the Wall Street… [read post]
14 Jun 2022, 4:42 am
[Justice Amy Coney Barrett and Neil Gorsuch are disagreeing more than you might think, but Justice Barrett appears to have the upper hand.] Among the five opinions the Supreme Court released yesterday was Denezpi v. United States, in which the Court held that the Double Jeopardy Clause does not bar successive prosecutions of distinct offenses arising from a single act, even if a single sovereign prosecutes them. Justice Barrett wrote for the Court. Justice Gorsuch dissented, joined (in part) by… [read post]
24 Nov 2021, 3:00 pm
[One of pioneers of free-market environmentalism has passed.] I was terribly sad to hear that noted economist Richard Stroup passed away last week. He succumbed to liver cancer after a long and productive career as an academic and policy analyst, and was one of the pioneers of free-market environmentalism. Some readers may be familiar with his popular economics textbooks, co-authored with James Gwartney (now in the 17th edition). Others may know his extremely useful and pithy Eco-nomics: What… [read post]
25 Jun 2023, 5:32 pm
[Since the FDA began regulating vaping products as "tobacco" products, American ignorance about vaping's realtive risks has gotten worse.] Food and Drug Administration regulation of tobacco products is supposed to help protect public health. Yet since the FDA endeavored to regulate electronic cigarette and other vaping products through its tobacco regulation program, Americans' understanding of the relative risks posed by various types of tobacco products has gotten worse. Today… [read post]
31 Aug 2018, 9:34 pm
Did the Senate confirm the judicial nominees of other Presidents under a cloud of scandal?Is it appropriate for the Senate to consider a nomination for a lifetime appointment to the federal bench when the nominating President is under investigation for potentially impeachable offenses? Those who oppose Brett Kavanaugh's confirmation to the Supreme Court say "no," while those who support his confirmation say "of course." Given the hyper-partisan nature of the current… [read post]
10 Apr 2018, 6:18 am
The Atlantic's Conor Friedersdorf has penned a lengthy "dissent" from Atlantic editor Jeffrey Goldberg's decision to fire Kevin Williamson only a few weeks after hiring him. The piece is long, but it makes many important points about tolerance and discourse in a divided time. A brief taste: I vehemently reject every plausible interpretation of Williamson's position. . . [W]hat I dissent from today concerns matters that transcend the abortion debate, or anything I might… [read post]
