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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On Thursday, President Obama made two new appellate nominations: Judge Julie E. Carnes to the U.S. Court of Appeals for the Eleventh Circuit and Judge Gregg Costa to the U.S. Court of Appeals for the Fifth Circuit. Judge ... -
Marijuana and Federalism
Conservatives tend to favor letting different states adopt different policies. State policy experimentation is federalism at work. At the same time, many conservatives have also been strong supporters of the drug war, including the federal prohibition of marijuana use (though ... -
The NYT's New Views on Nukes
When President Bush was making judicial nominations, the NYT editorial board encouraged Senate filibusters to block his nominees and warned against invocation of the nuclear option. Now, however, it’s singing a different tune. As Patterico notes, what was once ... -
It's All Ditka's Fault
Legendary Chicago Bears coach Mike Ditka had considered running for the U.S. Senate from Illinois in 2004, but decided he was too busy. Ditka now says not running was the “biggest mistake” he’s ever made because he “probably would ... -
Professor Barron Nominated, Hughes Confirmed
This afternoon President Obama nominated Harvard Law School Professor David Barron to a seat on the U.S. Court of Appeals for the First Circuit. Barron previously served in the Obama Administration as the Acting Assistant Attorney General for the ... -
The Colorado Recalls Explained
My Volokh Conspiracy co-blogger David Kopel has a very informative post explaining the results of yesterday’s recall election in Colorado in which two state legislators who championed controversial gun control measures were replaced. -
More on the D.C. Circuit
In addition to Adam White’s article noted by Ammon below, I’ll shamelessly plug my recent VC post (and a short piece I did for The Environmental Forum) on the court as well. -
Judiciary Committee Approves Fed Circuit Nominee
Today the Senate Judiciary Committee unanimously approved another one of President Obama’s appellate nominees: Justice Department attorney Todd Hughes who the President nominated for an open seat on the U.S. Court of Appeals for the Federal Circuit. BLT ... -
Obama Names Three D.C. Circuit Nominees
As expected, President Obama nominated three people to open seats on the U.S. Court of Appeals for the D.C. Circuit yesterday, Patricia Millett, Cornelia Pillard, and Judge Robert Wilkins. The Washington Post reports the nominees were ... -
President Looking to Make More D.C. Circuit Nominations
This morning, the NYT reported that the Obama Administration is preparing to make several more nominations to the U.S. Court of Appeals for the D.C. Circuit. After last week’s unanimous confirmation of Principal Deputy Solicitor General Sri ... -
Scheiber’s Creative History
Noam Scheiber says the IRS scandal is all conservatives’ fault. Apparently the IRS began to target tea-party groups in 2010 because they knew Republicans would push for IRS budget cuts in 2011. -
Senate Judiciary Approves Srinivasan
This morning the Senate Judiciary Committee unanimously approved the nomination of principal deputy solicitor general Sri Srinivasan to an open seat on the U.S. Court of Appeals for the D.C. Circuit. All 18 members of the committee voted in ... -
Paying for a Court Pick?
Above the Law reports on a “minor scandal” in Las Vegas legal circles over “suggestions that a nominee to the federal bench earned her nomination by engineering a windfall for her political sponsor, Senator Harry Reid, with conveniently-timed donations from ... -
Kelly Confirmed to Eighth Circuit
Today the Senate unanimously confirmed Iowa assistant public defender Jane Kelly to the U.S. Court of Appeals for the Eighth Circuit. As BLT notes, this was a quick confirmation. President Obama nominated Kelly less than three months ago. -
Shwartz Confirmed to Third Circuit
Today the Senate confirmed magistrate judge Patty Shwartz to a seat on the U.S. Court of Appeals for the Third Circuit. The vote was 64-34. BLT covers the vote here. The usual folks have complained that it took too ... -
A Final Response to Ed on DOMA
On Friday, Ed posed some questions to me and Randy Barnett about our position on DOMA. Randy’s response, which I’m happy to endorse, is here. Invalidating DOMA would neither nationalize SSM nor create “chaos.” What it would do ... -
McConnell on the SSM Cases
I know Ed is not a fan of the federalism argument against Section 3 of the Defense of Marriage Act. But in Friday’s Wall Street Journal, the Honorable Michael McConnell takes a different view. The leading argument against DOMA all ... -
DOMA and Federalism: Replying to Whelan
Ed Whelan is not a fan of the law professors amicus brief in which I joined raising federalism objections to Section 3 of DOMA. The core of our brief argues that Section 3 of DOMA exceeds the scope of federal power, and ... -
Judge Bacharach Confirmed to 10th Circuit
Today the U.S. Senate unanimously confirmed Magistrate Judge Robert E. Bacharach of the Western District of Oklahoma to the U.S. Court of Appeals for the Tenth Circuit. BLT reports here, and the White House comments here. -
Kayatta Confirmed to First Circuit
Earlier today, by a vote of 88-12, the Senate confirmed Maine attorney William Kayatta Jr. to the U.S. Court of Appeals for the First Circuit. BLT reports on the confirmation here. -
Nominee News
I’ve been derelict in posting much on judicial nominees, but things are moving so here’s something of an update. Today, the Senate Judiciary Committee approved three appellate nominees: Robert E. Bacharach (U.S. Court of Appeals for the ...
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Federal Court Narrows Utah Bigamy Law
Yesterday, in Brown v. Buhman, a federal district court in Utah held a portion of that state’s law prohibiting bigamy to be unconstitutional. While the court concluded the state could prohibit an individual from obtaining two marriage licenses or ... -
The Road to Nuclear Winter
On March 6, 2003, the first cloture vote to end debate on the nomination of Miguel Estrada to the U.S. Court of Appeals for the D.C. Circuit failed. Despite (or perhaps because of) the fact that Estrada was a widely ... -
A Nuclear Winter for Nominations?
Senate Majority Leader Harry Reid is threatening to invoke the nuclear option so Senate Democrats can confirm President Obama’s D.C. Circuit nominees by a simple majority vote. I offer my thoughts on this threat at the VC. My ... -
A Blockbuster Supreme Court Term
Today the Supreme Court opens its term with a docket full of weighty issues. While no single case will be as closely watched as was NFIB v. Sebelius or the same-sex-marriage cases, the term as a whole could be no ... -
No Cost-Free Climate Control
On Friday, the Environmental Protection Agency proposed new regulations limiting carbon dioxide emissions from power plants. If finalized, this regulation will, in effect, bar the construction of new coal-fired power plants unless they use costly carbon-capture technology. It is the ... -
More on Justice Ginsburg and 'Judicial Activism'
I have two posts making additional points about Adam Liptak’s interview with with Justice Ginsburg. First, not only is the Roberts Court not particlarly “activist” under Justice Ginsburg’s definition, it’s arguably less “activist” than Ginsburg would like. ... -
Chen Confirmed, Millett Advances, New Nominees Named
The Senate unanimously confirmed U.S. Patent & Trademark Office deputy general counsel Raymond Chen to a seat on the U.S. Court of Appeals for the Federal Circuit today, BLT reports. At the same time, the Senate Judiciary Committee approved ... -
Wyoming AG Confirmed to 11th Circuit
Right and Left may have squabbled over whether there’s a need to fill more seats on the U.S. Court of Appeals for the D.C. Circuit, but the Senate continued to confirm judicial nominees to other courts this ... -
Federalist Society Executive Branch Review Conference
Bench Memos may be interested in the Federalist Society’s First Annual Executive Branch Review Conference, to be held next Tuesday, June 11 at the National Press Club in Washington, D.C. Speakers include Senator Ted Cruz, former Rep. David McIntosh, ... -
Srinivasan Confirmed to D.C. Circuit
Today the Senate unanimously confirmed deputy solicitor general Sri Srinivasan to a seat on the U.S. Court of Appeals for the D.C. Circuit. Srinivasan is the first Obama nominee to be confirmed to the D.C. Circuit. While ... -
A Welcomed Appellate Nomination
Utah Senators Orrin Hatch and Mike Lee are praising President Obama’s decision to nominate Judge Carolyn McHugh to the U.S. Court of Appeals for the Tenth Circuit. Judge McHugh is currently the presiding judge of the Utah Court ... -
Productive Dialogue
John Holbo announces he won’t read Kevin Williamson’s new book because he’s “pretty sure it’s bad.” But that didn’t stop him from spending over 1,000 words critiquing what he takes to be Williamson’s thesis. -
Business and the Roberts Court
Sunday’s NYT featured a lengthy story by Adam Liptak arguing that the Supreme Court has become particularly friendly to business interests. I analyze the study upon which Liptak’s article is based here, and Michael Greve adds his thoughts ... -
Hatch to Support D.C. Circuit Nominee
The Senate Judiciary Committee held a hearing to consider the nomination of deputy Solicitor General Sri Srinivasan to the U.S. Court of Appeals for the D.C. Circuit today. After some sparring over whether Republicans or Democrats have been ... -
Srinivasan Hearing Next Week
On April 10 the Senate Judiciary Committee will hold a hearing on D.C. Circuit nominee Sri Srinivasan, BLT reports. The award-winning Srinivasan is currently serving as deputy solicitor general and has picked a fair amount of bipartisan support among SG ... -
The Chief Justice's Hypo and the Definition of Marriage
Yesterday Ed highlighted an exchange between Chief Justice Roberts and the Solicitor General that purportedly illustrates the weakness of any federalism objections to Section 3 of the Defense of Marriage Act (DOMA). As Randy Barnett explains here, it really just shows ... -
Senate Confirms Taranto to Federal Circuit
Today the Senate unanimously confirmed D.C. attorney Richard G. Taranto to the U.S. Court of Appeals for the Federal Circuit. BLT reports on the confirmation here. -
What the Oil Industry Should Learn from the NRA
David Deming explains today in the WSJ how oil industry executives undermine the moral legitimacy of their enterprise, thereby weakening their position in policy debates. This is an important — but hardly new — observation. For well over a decade the industry ... -
Senate Judiciary Approves Halligan, Others
Today the Senate Judiciary Committee approved thirteen judicial nominations. Most notably, the committee voted to approve the controversial nomination of Caitlin Halligan to the U.S. Court of Appeals for the D.C. Circuit by a vote of 10-8. Ed ... -
A New Chief on the D.C. Circuit
Monday was the Honorable David Sentelle’s last day as Chief Judge of the U.S. Court of Appeals for the D.C. Circuit. Sentelle, who was confirmed to the D.C. Circuit in 1987, has elected to take senior status. ...