Search for: "Jonathan Adler"
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30 Jan 2017, 6:52 am
Interested candidates should send a CV and cover letter to, Professor Jonathan H. [read post]
2 Mar 2023, 6:40 am
Circuit (Jonathan H. [read post]
7 Jul 2021, 7:06 am
(Jonathan Adler, The Volokh Conspiracy) The Supreme Court inches closer to a press freedom showdown ( [read post]
4 Sep 2023, 4:26 pm
[A nice review of Climate Liberalism by Jordan Lofthouse (and a less nice one by Robert Bradley).] The economics journal Public Choice has published a nice review of my book, Climate Liberalism: Perspectives on Liberty, Property, and Pollution. The review is by Jordan Lofthouse. The review begins: Across the globe, many significant environmental challenges exist, but man-made climate change may be the most widespread and potentially dangerous. For decades, many scholars, policymakers, and… [read post]
25 Apr 2023, 8:51 am
[Is the publc getting what it wants from the administrative state?] University of Chicago emeritus professor of economics Sam Peltzman has a new paper in the Journal of Law & Economics, "Public Opinion about Regulation," looking at public perceptions of regulation. Here is the abstract: The paper describes how ordinary citizens view economic regulation and summarizes answers to questions about regulation and regulators since the 1970s from the General Social Survey. The pattern is… [read post]
16 Mar 2023, 1:37 pm
[The Sixth Circuit rejects a suit against the jam maker for requiring employees to get the jab.] Like many private employers, the J.M. Smucker Company required its employees to get vaccinated against Covid-19. Some of Smucker's employees did not like this policy, believed Smucker should have allowed for a broader religious exemption for the requirement, and filed suit. The problem with their suit, however, is they sought to raise constitutional claims against J.M. Smucker, and Smucker is not a… [read post]
10 Mar 2023, 9:38 am
[The positive externalities of wolf reintroduction in Wisconsin.] Efforts to conserve and reintroduce wolf populations can be controversial. Such programs can be expensive and ranchers and farmers sometimes fear the potential impact on livestock. (The latter concern has led to programs offering compensation for wolf-induced losses.) What if the benefits of wolf conservation and reintroduction are greater than we think? What if such programs generate economic gains that far outweigh their costs,… [read post]
8 Feb 2023, 8:11 am
[The Biden Administration suggests that the Title 42 case before the Supreme Court will be moot before it is decided.] The Supreme Court is scheduled to hear Arizona v. Mayorkas on March 1. The question before the Court is whether states can intervene to defend maintenance of the Title 42 policy barring entry of some noncitizens entering the country through Canada or Mexico. The Biden Administration has sought to rescind this policy, and a district court in D.C. held that the use of Title 42 to… [read post]
3 Nov 2022, 4:53 am
[Supreme Court protesters may get their moment of fame, but they may make it less likely the justices will allow live video broadcast of oral arguments.] The Supreme Court has continued its Covid-era practice of live-streaming oral argument audio. This allows people to listen and comment on the arguments in real time. It also creates an incentive to disrupt the proceedings as a way of generating media attention. Yesterday, during oral argument in Bittner v. United States, several protestors… [read post]
17 Dec 2021, 3:23 pm
[The consequences of failing to preserve issues for appellate review.] Today the U.S. Court of Appeals for the Sixth Circuit decided Sheet Metal Workers' Health and Welfare Fund of North Carolina v. Law Office of Michael A. Demayo, LLP. The opinion by Judge Readler begins: For those who enjoy unsettled legal questions, who would not welcome the opportunity to navigate a labyrinth of ancient equitable doctrines nested within a federal statute, with little precedent to inform that review? All of… [read post]
29 Jan 2025, 5:15 am
Last fall, and again earlier this year, I complained about the U.S. Court of Appeals for the D.C. Circuit's website upgrade actually downgraded the site's usability. In particular, I raised concerns about the elimination of opinion search capacity. Since then, the website has been modified. There is now a basic Google search function on the website's opinion locator. This is still inferior to what the site had before, and far inferior to the search capacity on some other circuit court… [read post]
23 Jan 2025, 6:18 pm
During the first Trump Administration, some of the President's supporters urged him to embrace the view that the Fourteenth Amendment does not require recognition of birthright citizenship to those born in the United States to parents who were not legal residents. As I noted at the time, some of the most thorough and comprehensive arguments to the contrary could be found in the work of Judge James Ho, who wrote several op-eds and a short law review article on the question before becoming a… [read post]
1 Jan 2025, 6:57 pm
In the closing days of the Presidential campaign, Robert F. Kennedy Jr. announced that "the Trump White House will advise all U.S. water systems to remove fluoride from public water." Multiple news reports pounced on the statement as another example of RFK Jr's fringe and potentially dangerous views about public health. Often unmentioned in these news stories is that the next Secretary of Health and Human Services' views on fluoridation will likely matter less than the… [read post]
12 Dec 2024, 11:30 am
The new "Department of Government Efficiency" (aka "DOGE"), led by Elon Musk and Vivek Ramaswamy, aims to downsize the federal government and tame the federal bureaucracy. DOGE (which is not actually a government department) is seeking help identifying regulations that should be rescinded or repealed. As detailed in a Wall Street Journal op-ed, they aim to achieve these goals through presidential directives, not legislation. I am skeptical DOGE can fulfill its ambitious… [read post]
11 Dec 2024, 7:01 pm
This morning the Supreme Court dismissed NVIDIA v. E. Ohman J:or Fonder AB as improvidently granted. This was the Supreme Court's second DIG of the term. Indeed, it was the Court's second DIG in a securities fraud case. Two weeks ago, the justices DIGged Facebook v. Amalgamated Bank. For those keeping track, here are the questions presented that the Court will no longer resolve this term. The Private Securities Litigation Reform Act (PSLRA) imposes "[e]xacting pleading… [read post]
23 Nov 2024, 9:03 am
Yesterday we got the Supreme Court's first decision in an argued case for this term—well, kinda. The Supreme Court dismissed the writ of certiorari in Facebook v. Amalgamated Bank as improvidently granted. This is what is referred to as a DIG. For those interested, here is the (lengthy) question presented statement from the petition for certiorari. This petition presents two important questions that have divided the federal courts of appeals. First, the circuits have split three ways… [read post]
3 Jul 2024, 9:08 am
[A thoughtful, sober take on Trump v. United States.] Over at the Lawfare Blog, Jack Goldsmith offers some initial thoughts on the Supreme Court's decision in Trump v. United States. As with just-about everything Goldsmith writes on executive power and executive branch accountability, it is worth a read. [Readers may also recall that Goldsmith was one of the first to explain why the Supreme Court should review the D.C. Circuit's decision rejecting any claim of presidential immunity.]… [read post]
7 Apr 2024, 8:12 am
[Did the Alabama legislature's response to a controversial state supreme court decision give a special interest special treatment?] Policy change is often the result of disparate political coalitions. Not all who support a change necessarily support that change for the same reason. Sometimes, political support for legislative change is the result of a "baptists and bootleggers" coalition–a coalition of those who support the change on normative grounds and those who hope to make… [read post]
24 Nov 2025, 7:25 am
[Could today's summary reversal be a sign of things to come?] There was a time when the U.S. Court of Appeals for the Ninth Circuit was notorious for issuing decisions at odds with existing Supreme Court precedent, and getting repeatedly overturned as a result. The Ninth Circuit was considered the most liberal circuit in the country at the time, and had a few judges who consciously sought to evade restrictive precedent. Early in the Roberts Court, the U.S. Court of Appeals for the Sixth Circuit… [read post]
13 Nov 2018, 2:20 pm
President Trump announces a superlative pick for to replace Brett Kavanaugh on the U.S. Court of Appeals for the D.C. CircuitThe Senate's confirmation of Brett Kavanaugh to the U.S. Supreme Court created a vacancy on the U.S. Court of Appeals for the D.C. Circuit, the court often characterized as the "second-highest" court in the land. Today, President Trump announced his intention to nominate Neomi Rao to fill this vacancy. This is an excellent choice. Rao currently serves as the… [read post]
