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22 Apr 2021, 12:41 pm by Jonathan H. Adler
[My contribution to the online symposium on Sunstein & Vermeule's Law & Leviathan] The Yale Journal on Regulation has just posted my contribution to the "Notice & Comment" blog symposium on Law & Leviathan by Cass Sunstein and Adrian Vermeule. [read post]
22 Apr 2021, 7:28 am by Jonathan H. Adler
[SCOTUS released three decisions this morning, as we await big decisions concerning religious liberty, the Affordable Care Act, and some meaty administrative law questions. ] The Supreme Court issued three opinions this morning, though not in any of the term's most watched cases concerning religious liberty, administrative agencies, and the Affordable Care Act. [read post]
21 Apr 2021, 8:36 am by Jonathan H. Adler
["Super Deference and Heightened Scrutiny" forthcoming in the Florida Law Review] Litigation over state and federal COVID-19 regulations has highlighted the potential conflict between public health measures and constitutionally protected liberties. [read post]
20 Apr 2021, 3:31 pm by Jonathan H. Adler
[A senior judge assails U.S. immigration policy and prompts a sharp response.] [read post]
19 Apr 2021, 3:19 pm by Jonathan H. Adler
[A liberal result (granting a criminal defendant's habeas petition) from a quite conservative judge (John Bush).] [read post]
19 Apr 2021, 3:03 pm by Jonathan H. Adler
[A series of essays weighing Cass Sunstein and Adrian Vermeule's effort to redeem the administrative state.] [read post]
7 Apr 2021, 3:59 am by Jonathan H. Adler
[A liberal justice throws cold water on a pet progressive cause] Associate Justice Stephen Breyer warned against expanding the size of the Supreme Court in remarks at Harvard Law School, reports Robert Barnes of the Washington Post. [read post]
6 Apr 2021, 12:20 pm by Jonathan H. Adler
Paper: Jonathan Marks, Professor and Chair, Department of Politics and International Relations, Ursinus College, author of Let's Be Reasonable: A Conservative Case for Liberal Education. [read post]
5 Apr 2021, 6:40 am by Jonathan H. Adler
[At present, there is nothing in federal law that should preclude vaccination requirements for returns to workplaces and campuses.] [read post]
1 Apr 2021, 1:34 pm by Jonathan H. Adler
[Advanced crop varieties may have given the world an extra year's worth of GDP] How important was the "Green Revolution" to feeding people in developing countries and improving living conditions? [read post]
29 Mar 2021, 7:39 am by Jonathan H. Adler
[This morning's summary reversal of a habeas petition grant in Mays v. [read post]
26 Mar 2021, 11:25 am by Jonathan H. Adler
[Threatening government action to stop "snotty tweets" is not a good look.] [read post]
25 Mar 2021, 1:02 pm by Jonathan H. Adler
[A long awaited decision in a challenge to the Trump Administration's "bump stock" ban tees up some interesting questions for the High Court's review.] [read post]
25 Mar 2021, 7:41 am by Jonathan H. Adler
[In two decisions today, Chief Justice Roberts and Justice Kavanaugh aligned with the Court's liberals.] [read post]
24 Mar 2021, 2:32 pm by Jonathan H. Adler
[If there is an urgent need for emission reductions, regulatory ossification and legal risks counsel the consideration of other approaches, such as a carbon tax. ] The Environmental Protection Agency is reportedly working on new regulations to control greenhouse gas emissions from power plants, according to newly confirmed Administrator Michael Regan. [read post]