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17 May 2010, 6:35 am
At the Volokh Conspiracy, Jonathan Adler cites this figure to suggest that the claims that Kagan is a nominee without a paper trail are overstated. [read post]
5 Jan 2022, 11:20 am
UPDATE: I put up this post before noticing that co-bloggers Keith Whittington and Jonathan Adler have also highlighted the Washington Post op ed. [read post]
21 May 2019, 3:51 am
At Reason’s Volokh Conspiracy blog, Jonathan Adler notes that “[t]hese splits do not really show one of the Court’s newest justices as being more ‘conservative’ than the other, but they do suggest meaningful differences in method and underlying jurisprudence. [read post]
31 Jan 2017, 7:22 am
One interpretation — offered, for instance, by Jonathan Adler — is that Yates believed that the Executive Order was unjust and unwise but not unconstitutional. [read post]
2 Aug 2022, 4:24 am
(Thanks also to Volokh blogger Jonathan Adler for comments on the draft.) [read post]
23 Feb 2011, 4:59 am
Even physicians in Wisconsin.H/T Jonathan Adler at Volokh Conspiracy© 2011 Simple Justice NY LLC. [read post]
23 May 2019, 10:03 am
This lack of conservative cohesion, especially between Trump’s nominees, has struck some observers as somewhat surprising (although others, like Professor Jonathan Adler, seem less shocked by it). [read post]
14 Feb 2016, 3:47 am
Jonathan Adler sums it up: Justice Scalia would not invent or discover unwritten rights in the constitution, but he would vote to strictly enforce those that are enumerated, such as the requirement that defendants may confront the witnesses against them or the defendant’s right to a jury trial. [read post]
17 Jan 2019, 3:53 am
At Reason’s Volokh Conspiracy blog, Jonathan Adler observes that the first divided opinion of the term “was a 5-4 decision, but not along the lines many would expect. [read post]
25 Jun 2015, 9:16 am
But I find Justice Scalia’s dissenting opinion ultimately to be more compelling — just as I found the arguments of Jonathan Adler and Michael Cannon, the legal architects of this challenge. [read post]
5 Apr 2012, 7:24 am
I basically fleshed out an early point of Jonathan Adler’s on the Volokh Conspiracy. [read post]
8 Mar 2013, 7:05 am
At Bench Memos, Jonathan H. [read post]
10 Jul 2012, 2:11 pm
Jonathan Adler performs another post mortem at the same blog, focusing on instances where Justice Robert has previously upheld statutes against constitutional challenge by adopting a strained “saving construction” of the legislative language. [read post]
4 Dec 2009, 8:17 am
 Noting that Porter was the Court’s third summary reversal this Term in an ineffective assistance case, Jonathan Adler posits that “it would appear the Court is quite unhappy with how appellate courts are handling ineffective assistance claims. [read post]
23 Aug 2009, 3:52 am
Requiring universal coverage is an essential component of that broader regulatory effort.Note: Jonathan Adler, writing for the Volokh Conspiracy, has a similar take:While I agree that the recent commerce clause cases hold that Congress may not regulate noneconomic activity, as such, they also state that Congress may reach otherwise unregulable conduct as part of an overarching regulatory scheme, where the regulation of such conduct is necessary and proper to the success of such… [read post]
27 Apr 2018, 4:26 am
” At Reason’s Volokh Conspiracy blog, Jonathan Adler speculates that “some on the Court [may] fear that releasing same-day audio would encourage advocates (or even justices) to grandstand during oral arguments in the hopes of influencing evening newscasts,” but goes on to remark that [“i]f same-day audio of Trump v. [read post]
14 Nov 2011, 12:27 pm
Overall, the panel "will examine the arguments fairly but rigorously," said Jonathan Adler, who heads the Center for Business Law and Regulation at Case Western Reserve University School of Law. [read post]
11 Jul 2018, 8:05 am
” With two posts at Reason, Jonathan Adler and Ilya Somin take more comprehensive looks. [read post]
7 Dec 2023, 9:05 pm
As Professor Jonathan Adler has written, “It would be rather easy for Congress to create a presumptive right to remove agency enforcement actions from agency adjudications to federal court provided certain conditions are met (e.g. the agency is seeking certain sorts of penalties). [read post]
17 Jul 2014, 4:20 am
This was noted in my plea for the judge not to cease writing, which included the criticism of three law professors, Stephen Bainbridge (who bizarrely called Judge Kopf’s post “thinly veiled anti-Catholicism”), Rick Hasen (who felt that it undermined the dignity of the judiciary) and Jonathan Adler, who had no reason but didn’t want to miss the train. [read post]
