Search for: "Jonathan H. Adler"
Results 161 - 180
of 500
Sorted by Relevance
|
Sort by Date
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]
3 May 2024, 8:33 am
The post Adler v. Chemerinsky on the U.S. Supreme Court appeared first on Reason.com. [read post]
9 Sep 2024, 12:14 pm
health.The post Journal of Free Speech Law: "Speech Regulation and Tobacco Harm Reduction," by Jonathan [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]
