Author Archive | Jonathan H. Adler

Would “Deem & Pass” Survive Judicial Review?

Politico reports that quite a few constitutional experts, in addition to Stanford’s Michael McConnell and Yale’s Jack Balkin, believe the so-called “Slaughter Solution” (aka “Deem and Pass”) could present a thorny constitutional question.  McConnell thinks it’s clearly unconstitutional; Balkin believes its constitutionality depends on its final form.  To McConnell and Balkin, Politico adds GW’s Alan […]

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Debating Green Jobs — The Conclusion

The Economist.com debate between Andrew Morriss and Van Jones on whether “creating green jobs is a sensible aspiration for governments” is concluding.  The full debate, including guest commentaries by economist Robert Stavins and enviornmentalist Daniel Weiss, is available here.

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Balkin on the “Slaughter Solution”

Stanford’s Michael McConnell thinks the so-called “Slaughter Solution,” through which the House of Representatives to pass the Senate health care bill and a reconciliation package of amendments with a single vote, is unconstitutional.  Yale’s Jack Balkin is not so sure.  He thinks the “Slaughter Solution” — what he calls “deem-and-pass” — could be done constitutionally, […]

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“It May Be Clever, but It Is Not Constitutional”

Former federal judge Michael McConnell, of Stanford University, considers the constitutionality of the so-called “Slaughter Solution” — a proposal to allow the House to pass both the Senate health care bill and proposed reconciliation amendments in a single vote. To become law—hence eligible for amendment via reconciliation—the Senate health-care bill must actually be signed into […]

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Sunday Song Lyric

Do songwriters understand behavioral economics better than law professors?  They might.  Liam Delaney and Alex Tabarrok have been suggesting songs for “the behavioral economics songs hall of fame.”  Delaney nominates “The Yeah Yeah Yeah Song” by the Flaming Lips.  Tabarrok suggests Chris Smither‘s “Hey, Hey, Hey” for these lyrics: Pretty soon you’re gonna ask me, […]

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Judge Porteous Impeached

Earlier today the U.S. House of Representatives unanimously approved the first of four articles of impeachment against federal district court Judge Thomas Porteous of Louisiana, the Times-Picayune reports.

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Epstein Contra Krugman

Richard Epstein responds to this Paul Krugman column criticizing Republican positions on the estate tax, unemployment benefits, and health care reform. For Krugman, Epstein argues, “it seems, scarcity has become a dirty word.”  (HT: Tom Smith)

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Debating Green Jobs

The Economist hosts an online debate on the wisdom of government efforts to promote “green jobs.”  In this corner, law professor and economist Andrew Morriss.  In the other corner, one-time “green jobs czzar” Van Jones.  I know them both, but I’m pulling for Morriss.

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“Dissenting from the Bench”

It appears there has been a slight increase in the reading of dissents from the bench over the past few years.  Is this a sign of a more contentious and less collegial Supreme Court?  It’s the subject of Adam Liptak’s latest “Sidebar” column. “Dissenting from the bench,” a new study to be published in Justice […]

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Laptops in Class Redux

The Washington Post revisits the question of laptop use in the classroom. A generation ago, academia embraced the laptop as the most welcome classroom innovation since the ballpoint pen. But during the past decade, it has evolved into a powerful distraction. Wireless Internet connections tempt students away from note-typing to e-mail, blogs, YouTube videos, sports […]

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Saving the Everglades, or Saving US Sugar?

The NYT reports that Florida’s ambitious Everglades restoration plan, as actually implemented, may do more to help ag-giant US Sugar than to restore and protect the Everglades.  Although heralded when first announced, Florida has had a hard time following through on the plan. the governor’s ambitious plan to reclaim the river of grass, as the […]

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From “Nudge” to Shove

The WSJ reports on the rapid rise and apparent fall of behavior economics within the Obama Administration.  It begins: A little more than a year into its ascendancy at the White House, behavioral economics as a key policy-making tool may be on the wane. The opening weeks of the Obama administration were a coming-out party […]

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Conservatives Defend “Al Qaeda 7”

An increasing number of conservatives are criticizing the group, Keep America Safe, for its shameful ad on the “Al Qaeda 7” — political appointees in the Justice Department who represented detainees prior to their appointment.  Benjamin Wittes has also drafted a statement decrying the attacks signed by several prominent conservative attorneys, including Peter Keisler, David […]

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