Jonathan H. Adler
Jonathan H. Adler is the inaugural Johan Verheij Memorial Professor of Law and Director of the Center for Business Law & Regulation at the Case Western Reserve University School of Law, where he teaches courses in environmental, administrative, and constitutional law. Adler is the author or editor of four books on environmental policy and over a dozen book chapters. His articles have appeared in publications ranging from the Harvard Environmental Law Review and Supreme Court Economic Review to The Wall Street Journal and The Washington Post. Adler is a Senior Fellow at the Property & Environment Research Center in Bozeman, Montana, a contributing editor to National Review Online and a regular contributor to the popular legal blog, “The Volokh Conspiracy” (http://volokh.com). A 2007 study identified Adler as the most cited legal academic in environmental law under age 40, and his recent article, “Money or Nothing: The Adverse Environmental Consequences of Uncompensated Law Use Controls,” published in the Boston College Law Review, was selected as one of the ten best articles in land use and environmental law in 2008.
In 2004, Adler received the Paul M. Bator Award, given annually by the Federalist Society for Law and Policy Studies to an academic under 40 for excellence in teaching, scholarship, and commitment to students. In 2007, the Case Western Reserve University Law Alumni Association awarded Adler their annual “Distinguished Teacher Award.” Adler serves on the academic advisory board of the Cato Supreme Court Review, the Board of Directors of the Foundation for Research on Economics and the Environment, and the Environmental Law Institute’s Environmental Law Reporter and ELI Press Advisory Board. A regular commentator on environmental and legal issues, he has appeared on numerous radio and television programs, ranging from the PBS Newshour with Jim Lehrer and NPR’s Talk of the Nation to the Fox News Channel’s O’Reilly Factor and Entertainment Tonight.
Prior to joining the faculty at Case Western, Adler clerked for the Honorable David B. Sentelle on the U.S. Court of Appeals for the District of Columbia Circuit. From 1991 to 2000, Adler worked at the Competitive Enterprise Institute, a free market research and advocacy group in Washington, D.C., where he directed CEI’s environmental studies program. He holds a B.A. magna cum laude from Yale University and a J.D. summa cum laude from the George Mason University School of Law.
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Last Thursday, the Senate confirmed Alaska Supreme Court Justice Morgan Christen to the U.S. Court of Appeals for the Ninth Circuit, 95-3. The LA Times reports here in a story that virtually reads like a press release from Senate ... -
REINS on Regulators
The Environmental Protection Agency is in the process of proposing and implementing a series of regulatory measures controlling greenhouse-gas emissions from motor vehicles and stationary sources. As a result of these initiatives, well over a million industrial and commercial facilities ... -
Newt Defended GSEs
Newt Gingrich may not have lobbied on behalf of Freddie Mac (though they payed an awful lot for the services of an “historian”), but he did advocate the use of government-sponsored enterprises (GSEs) like Fannie and Freddie to encourage home ... -
Re: Palin to Endorse Gingrich
The suggestion in the RCP article that Palin could endorse Gingrich is particularly interesting given the former Speaker’s career path over the past twelve years. As the article notes, Palin has been railing against “crony capitalism and the permanent ... -
Newt's Answer Page
The Gingrich campaign has a new webpage designed to “set the record straight” about the former Speaker’s current and former positions and respond to allegations about his past consulting arrangements and personal conduct. The NYT covers it here. Among ... -
High Court Will Hear Health Care Cases
This morning the Supreme Court accepted certiorari in the 11th Circuit Court of Appeals case challenging the constitutionality of the health care reform law. The Court has accepted just about all of the legal questions raised in the case, including ... -
Justice Hurwitz to Ninth
Yesterday President Obama nominated Arizona Supreme Court Justice Andrew David Hurwitz to the U.S. Court of Appeals for the Ninth Circuit. The Tucson Sentinel reports on the nomination here. -
Watford Nominated to Ninth Circuit
Yesterday President Obama nominated Los Angeles attorney Paul Watford to the U.S. Court of Appeals for the Ninth Circuit. Watford is currently a partner at Munger, Tolles, and Olson LLP and previously served as an assistant U.S. Attorney. ... -
Anti-Keynesian Nobels
In today’s WSJ, economist David Henderson explains how the scholarship of this year’s Nobel laureates in economics, Thomas Sargent and Christopher Sims, undermines Keynesian arguments. Moreover, Sargent’s work has shown how extended unemployment insurance encourages longer term ... -
Shwartz Nominated, Floyd Confirmed
Today President Obama nominated Judge Patty Shwartz, a federal magistrate judge in New Jersey, to the U.S. Court of Appeals for the Third Circuit. On Monday, the Senate unanimously confirmed South Carolina’s Judge Henry Floyd to the U.... -
Supremely Consequential
Today marks the opening of what could be a blockbuster Supreme Court term. When the Court adjourned in June, it had already agreed to hear a number of important cases implicating everything from “fleeting expletives” on television and the application ... -
Senate Sets Schedule for Nominees
BLT reports that the Senate leadership has struck a deal to consider ten judicial nominees after the current recess, including South Carolina district court judge Henry Floyd, who has been nominated to the U.S. Court of Appeals for the ... -
Thacker Nominated, Donald Confirmed
Yesterday the President nominated West Virginia attorney Stephanie Dawn Thacker to an open seat on the U.S. Court of Appeals for the Fourth Circuit. Earlier this week, the Senate confirmed district court judge Bernice Donald to the U.S. ... -
Eleventh Circuit's Mandate Decision
Today’s Eleventh Circuit Court of Appeals ruling that the individual mandate is unconstitutional is tremendously significant. (I’ve posted excerpts here.) It reifies the seriousness of the anti-mandate arguments and makes Supreme Court review of the mandate’s constitutionality ... -
Judge Jordan Nominated to Eleventh Circuit
Earlier this week President Obama nominated federal district court judge Adalberto Jose Jordan to a seat on the U.S. Court of Appeals for the Eleventh Circuit. Jordan is currently a judge on the federal district court for the southern ... -
New Nominations
Today President Obama nominated Court of International Trade Judge Evan Wallach to the U.S. Court of Appeals for the Federal Circuit. BLT covers the nomination here. Meanwhile, via How Appealing comes word that Charleston, West Virginia attorney Stephanie Thacker ... -
Judiciary Committee Approves Five Nominees, Not Six
Thursday the Senate Judiciary Committee approved five district court nominees, including former Associate White House Counsel Allison Nathan to the Southern District of New York, BLT reports. The Committee was also scheduled to consider the troubled nomination of former Kansas ... -
Re: Selective Outrage
Jonah — We agree. There’s an interesting footnote to this story. The business school professor who accosted Rep. Ryan teaches a course called “Love & Money.” It’s basically a personal financial management course for college students. Via William Jacobson I ... -
From Big Ideas to "Pet Causes"
The Washington Post documents Newt Gingrich’s descent from a man of big ideas to a candidate of pet causes — and the story doesn’t even mention ethanol. -
End of Term Observations
The end of the Supreme Court’s term provides an opportunity to assess what we’ve learned about the Court. In addition to my comments on whether the Roberts Court is fairly characterized as “pro-business”, I’d offer these additional ... -
Two Appellate Nominees Held Over; Six in Trouble?
On Thursday, the Senate Judiciary Committee postponed votes on two nominees to federal appellate courts: former Kansas Attorney General Steven Six, who was nominated to the U.S. Court of Appeals for the Tenth Circuit, and assistant U.S. Attorney ... -
Vote on Six Held Over
Yesterday the Senate Judiciary Committee postponed a scheduled vote on former Kansas Attorney General Steven Six to a seat on the U.S. Court of Appeals for the Tenth Circuit. The vote is now scheduled for next week. How Six ... -
Plaudits for Pawlenty
Tim Pawlenty’s willingness to buck the conventional wisdom on ethanol subsidies (among other things) is a hopeful sign. It’s still early, but it suggests he’s more interested in building a mandate to do what’s right — it ... -
Alaska Justice Nominated for Ninth Circuit
Today President Obama nominated Alaska Supreme Court Justice Morgan Christen to the U.S. Court of Appeals for the Ninth Circuit. Justice Christen obtained her current post when elevated by then-Governor Sarah Palin. Christen was one of two potential picks ... -
Judge Chen Confirmed
Today the Senate confirmed magistrate judge Edward Chen to the U.S. District Court for the Northern District of California by a vote of 56-42. Chen’s nomination was controversial due to his work for 16 years as an attorney for ... -
New Second Circuit Nominee
Yesterday President nominated district court judge Christopher Droney to an open seat on the U.S. Court of Appeals for the Second Circuit. Droney’s nomination replaces that of district court Robert Chatigny who withdrew his nomination earlier this year. ... -
Professor Cornpone Revisited
The WSJ editorial board revisits their criticism of Newt Gingrich for advocating ethanol subsidies today. (See my prior posts here and here.) After he was attacked by the WSJ before, Gingrich declared that “I am not a lobbyist for ethanol, ... -
Another Prof for the Bench
The New Orleans Times-Picayune reports that the the Obama Administration is vetting Tulane University law professor Stephen M.Griffin for a potential seat on the U.S. Court of Appeals for the Fifth Circuit. (Hat tip: How Appealing). Prof. Griffin ... -
Openings on the Eleventh Circuit
Last week, the Honorable Susan Black of the U.S. Court of Appeals for the Eleventh Circuit announced that she would be stepping down from the bench once the Senate had confirmed a successor. This creates a second vacancy on ... -
Justice Graves to Fifth Circuit
On Monday, the Senate confirmed Mississippi Supreme Court justice James Graves to the U.S. Court of Appeals for the Fifth Circuit. He was confirmed by unanimous consent a voice vote. -
Beware the Koch-topus!
According to this conspiratorial account, I’m a “Koch-funded” contributor to NRO. That’s news to me. Gosh, this Koch Foundation must be really dangerous. I have just one question: What work for NRO was supposedly paid for by the ... -
Re: Judge Floyd
An attorney in South Carolina e-mails about the nomination of Judge Floyd to the Fourth Circuit: While the Padilla decision is certainly regrettable to me as a conservative, Judge Floyd is really not that bad. He is actually more conservative ... -
Newt Hearts Ethanol
While President Obama is pitching new “clean energy” mandates, potential presidential hopeful Newt Gingrich was defending costly and environmentally destructive ethanol mandates in Iowa. Rejecting the charges of “big city” ethanol critics and invoking concerns about energy security, Gingrich argued ... -
Browner Out
Earlier this week, White House climate and energy czarina Carol Browner announced she would be leaving the Administration. Does the loss of the “all-star quarterback of President Obama’s green dream team” signal a retreat on global warming policy? Cap-and-trade ...
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Re: Crony Newt
Gingrich’s response to Romney’s suggestion he should return the $1.6 million he earned from Freddie Mac is revealing, as George Will notes. It’s distressing because Gingrich has a disturbing habit of making off-the-cuff comments that reveal a lack ... -
Coburn's Comments On Gingrich
Appearing on Fox News Sunday this morning, Senator Tom Coburn (R-OK) said he would have trouble supporting Newt Gingrich as the Republican Presidential nominee based upon his experience as a member of the House while Gingrich was Speaker. Here’s ... -
Droney Confirmed
Yesterday the Senate confirmed district court judge Christopher Droney to the U.S. Court of Appeals for the Second Circuit, 88-0. -
Newt and the Endangered Species Act
Why do many conservatives, free marketeers and property rights advocates distrust Newt Gingrich on environmental policy? Both because of his record as Speaker and the positions he’s taken. Consider this passage from his 2007 book, A Contract with the Earth, ... -
Scalia and Thomas Dine with Health Care Law Supporters
The Los Angeles Times and Chicago Tribune ran a story by James Oliphant yesterday suggesting that it was improper for Justices Antonin Scalia and Clarence Thomas to speak at the annual dinner of the Federalist Society because among the dinner’... -
Who Takes America's Competitiveness for Granted?
In a speech to corporate CEO’s yesterday, President Obama made the following comments We’ve been a little bit lazy over the last couple of decades. We’ve kind of taken for granted — ‘Well, people would want to come ... -
Professor Higginson Confirmed
Yesterday, the Senate voted 98-0 to confirm Stephen Higginson to the U.S. Court of Appeals for the Fifth Circuit. Higginson, a law professor at Loyola University of New Orleans, was supported by both home-state Senators. (Hat tip: How Appealing) -
Assemble
And now for today’s truly important development: The trailer for next summer’s comic book superhero spectacular, “The Avengers,” is now online. -
Scenes from "Occupy Portland"
I’m in Portland to give a talk on water rights at Lewis & Clark College tomorrow, and arrived just in time to witness the “Occupy Portland” protest in solidarity with the “Occupy Wall Street” protests in New York. The message ... -
A Dean Who Understands Free Speech
Too many university administrators do not understand the importance of free speech, and shrink from their obligation to allow for a true diversity of views on campus. George Mason University School of Law Dean Daniel Polsby is an exception, as ... -
EPA's Not Seeking 230,000 New Bureaucrats
A Daily Caller story citing an EPA estimate that it would require an additional 230,000 bureaucrats at a cost of $21 billion to regulate greenhouse gases is getting quite a bit of play (including on NRO). But the Daily Caller flubbed the ... -
Obama Nominates Judge Nguyen to Ninth Circuit
Yesterday, the President nominated federal district court judge Jacqueline Nguyen to an open seat for the U.S. Court of Appeals for the Ninth Circuit. Judge Nguyen currently sits on the U.S.District Court for the Central District of ... -
Obama Tells Automakers How to Make Money
When not comparing himself to Lincoln, the President is apparently explaining to automakers about how to make money. According to Obama, automakers “have to understand” that they “can’t just make money on SUVs and trucks” because consumers are going ... -
'He Will Have to Kill Romney'
Politco reports on the Obama reelection team’s plan to destroy the reputation of Mitt Romney. Comments one Democratic insider, “Unless things change and Obama can run on accomplishments, he will have to kill Romney.” -
Policing Beltway Lobbyists
Do corporate lobbyists really serve the interests of the corporations they represent? Don’t be so sure. The lobbying business has been slow in 2011, according to The Hill, an inside-the-Beltway newspaper. The debt-ceiling debate has crowded out consideration of other ... -
Six Nomination Deep Sixed
The Lawrence Journal-World is reporting that Senate Judiciary Committee Chairman Pat Leahy (D-VT) has decided not to move forward with the nomination of former Kansas Attorney General Steve Six to the U.S. Court of Appeals for the Tenth Circuit ... -
Krugman's Stimulus Flip-Flop
Mickey Kaus catches Krugman flip-flopping on the value of aid to state and local governments. Two years ago, he said such funding was a particularly “fast” and “effective” form of stimulus. Now he says it wasn’t the sort of ... -
Selective Outrage
Some on the Left are in an uproar because Rep. Paul Ryan ended up paying for an expensive bottle of wine ordered by one of his dinner companions (“How dare they drink expensive wine with their own money!”). More here. ... -
6th Circuit Strikes Down Michigan Civil Rights Initiative
A divided panel of the U.S. Court of Appeals for the Sixth Circuit struck down the Michigan Civil Rights Initiative. The panel held that the initiative, which bars all state entities from discriminating against or granting preferential treatment for ... -
Business and the Roberts Court
The Senate Judiciary Committee is holding a hearing today examining whether the Roberts Court is too “pro-business.” I discuss this idea over at the VC here. See also this testimony by Supreme Court litigator Andrew Pincus of Mayer, Brown. -
Court Rejects Climate Chance Nuisance Suits -- Unanimously
Wal-Mart v. Dukes was not the only important Supreme Court decision issued today. The Court also handed down it’s decision in American Electric Power v. Connecticut, in which the Court unanimously rejected state efforts to sue power companies for ... -
Judiciary Committee to Consider Six for Tenth
Tomorrow the Senate Judiciary Committee is scheduled to vote on the nomination of former Kansas Attorney General Stephen Six to the U.S. Court of Appeals for the Tenth Circuit, in addition to those of some nominees to federal district ... -
BREAKING: Cloture on Liu Fails
The cloture motion on the nomination of Goodwin Liu to the U.S. Court of Appeals for the Ninth Circuit failed, 52-43 (with one voting “present”). -
Yale Counsel Confirmed to Second Circuit
Today the Senate confirmed Yale University deputy general counsel Susan Carney to a seat on the U.S. Court of Appeals for the Second Circuit. The vote was 71-28. As BLT reports, some Republicans opposed her confirmation due to concerns ... -
Professor Picked for Fifth Circuit
Yesterday President Obama announced his intention to nominate Loyola University in New Orleans law professor Stephen A. Higginson to the U.S. Court of Appeals for the Fifth Circuit. Professor Higginson clerked for Justice Byron White and was an assistant ... -
Senate Confirms Motley Rice Partner to District Court
Yesterday, the Senate confirmed John “Jack” McConnell Jr., a partner at the Motley Rice plaintiffs’ firm and a significant Democratic donor, to a federal district court seat in Rhode Island, 50-44, after the passage of a cloture vote on his ... -
Those 'Oil Subsidies'
Ramesh — I agree with your post, with one caveat. The percentage depletion allowance for oil and gas can enable a producer to claim total depreciation in excess of the cost of their investment. This is because the depreciation is calculated ... -
Reyna Confirmed
Today the Senate unanimously (86-0) confirmed Jimmie V. Reyna to the U.S. Court of Appeals for the Federal Circuit. -
Judiciary Committee Approves Carney
BLT reports that the Senate Judiciary Committee has voted 16-2 in favor of confirming Susan Carney to the U.S. Court of Appeals for the Second Circuit. Carney is currently deputy general counsel of Yale University. Senators Jeff Sessions and ... -
Common Cause's Convictions of Convenience
Back in 2005 Common Cause defended the filibuster of judicial nominees to ensure “vigorous debate” and preserve the Senate’s historic role in the judicial confirmation process. Now, however, Common Cause complains that the use of filibusters against judicial nominees threatens ... -
The WSJ v. Professor Cornpone
Last week, while in Iowa, Newt Gingrich endorsed broad government mandates on automakers to promote greater use of ethanol. In the process, he lambasted “big city” critics and the WSJ editorial page and dismissed concerns that ethanol mandates increase the ... -
Dennis the Legal Menace
One-time presidential wanna-be Rep. Dennis Kucinich is suing the company that runs the House cafeteria for injuries he allegedly sustained when he bit into a sandwich containing an olive pit. According to the Plain Dealer, he’s seeking $150,000 for the ”... -
Judge Floyd to the Fourth?
Earlier today President Obama nominated South Carolina district court judge Henry Floyd to the U.S. Court of Appeals for the Fourth Circuit. As the BLT reports, Judge Floyd gained national attention in 2005 for ruling that the Bush Administration exceeded ...