Search for: "Jonathan H. Adler"
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31 Jan 2019, 11:36 am
Jonathan H. [read post]
5 Feb 2016, 9:30 pm
” H/t: Laura Kalman The latest episode of the radio show/podcast Backstory is Court of Public [read post]
9 May 2013, 5:29 am
Chicago economist William Landes, and University of Southern California law professor Lee Epstein (h/ [read post]
30 Jul 2024, 10:53 am
[The Supreme Court's conservatives are not cutting conservative litigants any slack (and that's a good thing). ] Conservative litigants have lost quite a few cases on standing grounds in recent years. I have an article discussing this in the September issue of National Review (titled "Standing Up" in the print edition). Here's a taste: FDA v. Alliance for Hippocratic Medicine is one of several cases in recent years brought by conservative plaintiffs advancing… [read post]
25 Feb 2018, 10:32 am
This weekend, I learned that Sam Bagenstos, the Frank G. Millard Professor of Law at the University of Michigan Law School, is running for a seat on the Michigan Supreme Court. In addition to being a law professor and prolific scholar, Bagenstos has served in the Department of Justice Civil Rights Division and a clerk for Justice Ruth Bader Ginsburg. He is also an accomplished appellate advocate, having argued and won significant cases such as Young v. United Parcel Service. If Professor Bagenstos… [read post]
11 Jul 2024, 7:32 am
[Decrepitude is not only a problem in the oval office. ] A federal district court has denied Judge Pauline Newman's challenge to her suspension from the U.S. Court of Appeals for the Federal Circuit. The Circuit's Chief Judge, Kimberly Moore, suspended Judge Newman due to her alleged physical and cognitive impairment. Judge Newman is 97 and denies the allegations. Reuters reports she plans to appeal. Whether or not Judge Newman is still fit for judicial service (and whether or not there… [read post]
30 Jun 2025, 6:39 pm
[After twenty-four years, my time in Ohio comes to an end.] Twenty-four years ago, I left my home in Virginia and moved to Ohio to join the faculty at the Case Western Reserve University School of Law. Several years later, I was tenured, became the inaugural holder of the Johan Verheij Memorial Professorship, and then the founding Director of the Coleman P. Burke Center for Environmental Law. I have now moved back to Virginia as I am joining the faculty at the William & Mary Law School as the… [read post]
14 Nov 2018, 9:19 am
Conservative and libertarian lawyers are joining together to speak out in defense of constitutional governance, traditional legal norms, and the rule of law.Today's New York Times reports: The annual convention of the Federalist Society, the conservative legal group, has long been a glittering and bustling affair. In the Trump era, though, the group has become more powerful than ever, supplying intellectual energy and judicial candidates to an assertive administration eager to reshape the… [read post]
9 Jul 2018, 6:28 pm
Tonight President Trump announced his decision to nominate Judge Brett M. Kavanaugh of the U.S. Court of Appeals for the D.C. Circuit to replace Justice Anthony Kennedy on the Supreme Court. With this nomination, President Trump made good on his promise to nominate highly qualified, conservative jurists. I have been quite critical of this administration on many fronts -- as I expect I will be going forward -- but it has done a superlative job at selecting appellate judges. Some background and quick… [read post]
18 Feb 2018, 5:24 pm
The Black Panther was among the first of my favorite comic heroes. The first comic book I had featuring T'Challa of Wakanda was Avengers #126. Given this I was understandably excited to take my daughter to the movie this weekend (and, like Kurt Loder, thought it was both an important film, and quite good). In anticipation of the film, I reacquainted myself with some of the old storylines -- particularly those developed by Jack Kirby and Stan Lee. It's well-known how anxieties about nuclear… [read post]
1 Mar 2020, 9:02 pm
In a forthcoming law review article, “Delegation and Time,” Jonathan Adler and Christopher [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]
