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24 Jun 2019, 6:31 am by Jonathan H. Adler
There has been quite a bit of talk about precedent and stare decisis of late, with legal commentators suggesting the Roberts Court has been particularly aggressive in its willingness to reconsider and overturn prior precedent. [read post]
20 Jun 2019, 12:44 pm by Jonathan H. Adler
Today the Supreme Court issued four more opinions, with more expected tomorrow and next week. [read post]
19 Jun 2019, 2:16 pm by Jonathan H. Adler
Are property rights compatible with environmental protection? [read post]
17 Jun 2019, 6:41 am by Jonathan H. Adler
There is widespread – and well-justified – concern about the size, scope and intrusiveness of the administrative state. [read post]
3 Jun 2019, 2:39 pm by Jonathan H. Adler
Jerry Taylor used to be one of the foremost libertarian critics of regulatory efforts to forestall climate change. [read post]
3 Jun 2019, 10:38 am by Jonathan H. Adler
Today the Supreme Court decided four cases, one of which featured a particularly unusual—indeed unprecedented—line up of justices. [read post]
20 May 2019, 7:43 am by Jonathan H. Adler
Last week, I discussed how the Supreme Court's two newest justices—Brett Kavanaugh and Neil Gorsuch—agree less often than one might expect. [read post]
13 May 2019, 2:18 pm by Jonathan H. Adler
This morning's New York Times features a front-page story by Adam Liptak noting that President Trump's two Supreme Court nominees—Justices Neil Gorsuch and Brett Kavanaugh—disagree more than one might expect. [read post]
9 May 2019, 11:32 am by Jonathan H. Adler
I have learned that the afternoon of the first Thursday of the NCAA Men's Basketball Tournament is a really bad time to try and teach a class—at least without a fairly strict "no laptops or electronic devices" rule. [read post]
5 May 2019, 6:57 pm by Jonathan H. Adler
Last fall, I joined a group of conservative and libertarian lawyers to form Checks and Balances to speak out in defense of constitutional governance, traditional legal norms and the rule of law. [read post]
3 May 2019, 5:58 am by Jonathan H. Adler
Stanford law professor (and former federal judge) Michael McConnell had a Washington Post op-ed this week suggesting that many critics are over-reacting to the Trump Administration's refusal to cooperate with Congressional investigations. [read post]
29 Apr 2019, 7:03 am by Jonathan H. Adler
Next fall, the Supreme Court is scheduled to hear oral argument in County of Maui v. [read post]
25 Apr 2019, 6:44 pm by Bridget Crawford
. * * * Case Western Reserve law professor Jonathan H. [read post]
16 Apr 2019, 8:31 am by Jonathan H. Adler
Although federal courts have rejected the Trump Administration’s effort to suspend operation of the Obama Administration’s expansive WOTUS (“waters of the United States”) rule, the Environmental Protection Agency and U.S. [read post]
1 Apr 2019, 7:12 pm by Jonathan H. Adler
Earlier today, I joined three other academics — Nicholas Bagley, Abbe Gluck, and the VC’s own Ilya Somin — in submitting an amicus brief to the U.S. [read post]
1 Apr 2019, 7:12 pm by Jonathan H. Adler
Another amicus brief on severability and the Affordable Care Act.Earlier today, I joined three other academics -- Nicholas Bagley, Abbe Gluck, and the VC's own Ilya Somin -- in submitting an amicus brief to the U.S. [read post]