Search for: "Jonathan H. Adler"
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14 Dec 2022, 6:15 am
[The Department of Energy has announced a good way to spend some of the funds authorized by the Bipartisan Infrastructure Law.] The Department of Energy has announced it will spend $3.7 billion to "kick-start America's carbon dioxide removal industry." While most climate policy discussions focus on how to reduce emissions of greenhouse gas emissions, this initiative is focused on how to remove greenhouse gases that are already in the atmosphere. One of the most promising and… [read post]
13 Dec 2022, 5:51 pm
[A Princeton phsychologist suggests there is little evidence that corporate DEI programs do much to enhance diversity or inclusion.] Princeton psychology professor Betsy Levy Paluck has an op-ed in today's Washington Post pointing out the dearth of research showing that diversity training programs do much to enhance diversity or inclusion within organizations. The piece begins: In early June 2020, as Black Lives Matter protests flowered across the United States following the murder… [read post]
29 Nov 2022, 9:45 am
[My contribution to the Balkinization symposium on Andrew Koppelman's new book, Burning Down the House.] As Ilya noted, Balkinization is hosting a symposium on Andrew Koppelman's new book, Burning Down the House: How Libertarian Philosophy Was Corrupted by Delusion and Greed. This book is a critique of libertarian political theory and its impact on contemporary public policy, with a particular focus on the more "radical" libertarians, such as Murray Rothbard and Robert… [read post]
17 Aug 2022, 12:35 pm
[If the Supreme Court was correct in Dobbs, was it wrong in Bolling?] In a lengthy guest post at Ius & Iustitium (aka the "common good constitutionalism" blog), Harvard law professor Cass Sunstein argues that Bolling v. Sharpe, in which the Supreme Court held that racial segregation of public schools in the District of Columbia violated the Due Process clause of the Fifth Amendment, cannot be reconciled with originalism, particularly not as embraced in the Supreme Court's… [read post]
8 Jul 2022, 5:05 am
[Something is wrong at the Food & Drug Administration's Center for Tobacco Products, and federal courts are beginning to notice.] In 2016, the Food & Drug Administration (FDA) deemed electronic cigarettes and other vaping products to be "tobacco" products for the purposes of federal law. This move gave the FDA's Center for Tobacco Products legal authority to regulate vaping products like combustible cigarettes. How the FDA has proceeded to regulate such products since,… [read post]
1 Jun 2022, 6:57 am
[The judicial conference endorses making PACER searches free for non-commercial users.] The Judicial Conference of the United States has endorsed ending fees for online docket searches through PACER, at least for noncommercial users. Charges may continue for downloading documents, however. Here is the relevant language from the Judicial Conference's report on the Conference's March proceedings: The judiciary provides electronic public access to court documents primarily through the Public… [read post]
3 Mar 2022, 7:13 am
[Justice Breyer delivers the opinion for the Court in a heavily fractured opinion in U.S. v. Zubaydah.] This morning the Supreme Court issued its opinion in United States v. Zubaydah, in which the Court concluded that the U.S. Court of Appeals for the Ninth Circuit was wrong to conclude the state secrets privilege did apply to information that could confirm or deny the existence of a CIA detention site in Poland in the context of a discovery dispute. Justice Stephen Breyer delivered the opinion… [read post]
2 Mar 2022, 10:03 am
[President Biden's Supreme Court nominee was counsel of record for a Cato Institute brief in a case challenging the detention of alleged enemy combatants.] In addition to having been an appellate judge, trial court judge, and public defender, Supreme Court nominee Ketanji Brown Jackson spent some time in private practice at Morrison & Foster. Like many lawyers, she devoted some of her time to pro bono work. One of her projects was serving as counsel of record on an amicus brief submitted in… [read post]
29 Nov 2021, 10:29 am
[A study suggests that "right-to-counsel" in eviction cases actually leads to greater homelessness.] Tyler Cowen flags a working paper by Boaz Abramson that suggests that some policy measures adopted to help protect tenants may actually increase homelessness. The paper, "The Welfare Effects of Eviction and Homelessness Policies" looks at several policy interventions aimed to hep tenants, and models their effects. Here is the abstract: This paper studies the implications of rental… [read post]
24 May 2023, 11:54 am
[The Securities & Exchange Commission again delays issuing a controversial anticipated rule.] Last March, the Securities and Exchange Commission proposed a rule that would require companies to provide greater disclosure of climate-related risks and of their greenhouse gas emissions, both direct and indirect. The 500-plus-page proposal prompted substantial controversy and several industry groups and state attorneys general announced they planned to file suit if the SEC proceeded with the rule as… [read post]
14 Jun 2018, 6:52 am
The latest lawsuit against the Affordable Care Act is clever, but ultimately underwhelming, for reasons I explained here (and in this teleforum debate). As a practical matter, the central issue in the case is severability -- whether the alleged unconstitutionality of an individual mandate with no tax penalty attached requires the invalidation of other portions of the law. For the reasons I explained in my prior post, the answer to this question should be "no." Congress reduced the… [read post]
20 Apr 2018, 4:48 am
Last night, the U.S. Court of Appeals for the Seventh Circuit upheld the district court injunction against the Department of Justice's effort to deny federal funding to so-called "sanctuary cities" -- those local jurisdictions that refuse to cooperate in federal immigration enforcement. In Chicago v. Sessions, a three-judge panel concluded the Justice Department lacked the authority to require such cooperation as a condition of receiving funds from a federal grant program. While all… [read post]
23 Feb 2018, 5:02 am
Last fall, Stanford professor Mark Z. Jacobson sued several researchers and the National Academy of Sciences over the publication of a paper critical of his work. According to Jacobson, the NAS decision to publish a peer-reviewed critique of one of his co-authored papers in the "Proceedings of the National Academy of Sciences" was defamatory because the critique made what Jacobson asserted were false and misleading claims about his work in the process of dismissing his claim that 100… [read post]
18 Feb 2018, 6:01 am
Justice Ruth Bader Ginsburg recently sat down for an extensive interview with Jeffrey Rosen of the National Constitution Center. The Atlantic posted an edited transcript. In the interview, Justice GInsburg spoke about a wide-range of issues, including the #MeToo movement and cases she would like to see overturned. In this discussion, her comments about the lack of Due Process on some college campuses are worth attention, particularly her claim that some colleges provide inadequate process to the… [read post]
31 Jan 2018, 8:03 pm
This afternoon, the U.S. Court of Appeals for the D.C. Circuit rejected a constitutional challenge to the structure of the Consumer Financial Protection Bureau (CFPB). Sitting en banc, the court concluded that limiting the President's ability to remove the CFPB's Director, even when combined with the agency's rather unique structure, did not create any constitutional problems. Several judges dissented and, as one might expect, the case would seem to be a good candidate for Supreme… [read post]
3 Jan 2026, 11:47 am
[Here as elsewhere, lethargy in the legislature is no way to counter execss energy in the executive.] Yesterday, Civitas Outlook published my column on the lawfulness of the Trump Administration's drug boat strikes. Depending on your view, that column is either quite timely (there were additional boat strikes on December 31) or completely overtaken by events. For reasons I explain, the strikes are easier to justify in light of late 20th-century precedent than they are under the original… [read post]
13 Apr 2010, 6:13 am
(Jonathan H. [read post]
18 Apr 2010, 6:28 am
(Jonathan H. [read post]
29 Aug 2023, 1:35 pm
[The Biden Administration is revising the rules for how agencies conduct cost-benefit analyses, and some CBA experts have expressed concerns. ] Earlier this year, President Biden issued an Executive Order seeking to "modernize the regulatory process to advance policies that promote the public interest and address national priorities." Among other things, this EO called upon the Office of Management and Budget's Office of Information and Regulatory Affairs (OIRA) to revise OMB… [read post]
28 Aug 2023, 6:22 am
[New York City and New York state are locked in a battle over sale of the fatty liver delicacy.] This past term the Supreme Court upheld a California law barring the sale of animal products that are not produced in conformity with the state's animal welfare laws, even if the products are produced out of state. A majority of the justices rejected the claim that such a law violated the Dormant Commerce Clause because of its extraterritorial effect. Politico reports on a similar battle in New… [read post]
