The NYU Journal of Legislation and Public Policy has published my article “Placing Reins on Regulations: Assessing the Proposed REINS Act” in its latest issue. The arguments I make in this piece should be familiar to readers of this blog. In the same issue, the NYUJLPP has also published “The REINS Act and the Struggle to Control Agency […]
Author Archive | Jonathan H. Adler
New Sentencing Comissioners Nominated
Yesterday, President Obama nominated three individuals to serve as commissioners on the U.S. Sentencing Commission: Judge William H. Pryor, Jr. of the U.S. Court of Appeals for the Eleventh Circuit, Judge Charles Breyer of the Northern District of California, and Professor Rachel Barkow of the NYU School of Law. I agree with Doug Berman that these […]
“A Bad Time for Press Freedoms”
The Columbia Journalism Review has an interesting interview with James Goodale, former general counsel and vice chairman of The New York Times and author of the forthcoming book Fighting for the Press. Goodale is very critical of the current Administration’s hostility to press freedoms — “Worse than Nixon” — and the relative lack of critical […]
Is a Wind Turbine a Nuisance?
Wind turbines may be a promising low-carbon power source, but the communities in which they are sited do not always welcome them with open arms. Residents of the Forest hills subdivision in Washoe Valley, Nevada, were none to pleased when one of their neighbors planned to erect a wind turbine to power his home. They […]
Shultz and Becker Urge Revenue-Neutral Carbon Tax
Former Secretary of State George Shultz and Nobel laureate economist Gary Becker take to the pages of the WSJ to urge a revenue-neutral carbon tax. we propose a measure that could go a long way toward leveling the playing field: a revenue-neutral tax on carbon, a major pollutant. A carbon tax would encourage producers and consumers […]
Marijuana and Federalism
More and more states are stepping back from waging war against marijuana, legalizing medicinal use and minor possession, and popular support for decriminalization appears to be growing. Thus far, the federal government has sought to stamp out such efforts. Writing in the Washington Post, Jonathan Rauch suggests Washington should tak a different tack. Squashing the states, […]
All the Senator’s Men
Over two dozen former aides to Senator Max Baucus are now tax lobbyists in Washington, D.C., Ezra Klein reports. This is significant because Senator Baucus is Chairman of the Senate Finance Committee and any reform of the tax code will go through him. This makes those with Baucus’s ear in high demand. Access to politicians […]
Judge Orders FDA to Make Plan B Contraception Available Over-the-Counter Without Age Restrictions
This morning, a federal district court judge overturned the Department of Health and Human Services’ decision to maintain limits on access to Plan B contraception by girls under the age of 17. As I noted here, the Food and Drug Administration had initially decided to grant a petition urging a removal of the age restrictions […]
Supreme Court Solves the Real Standing Problem
Today the Supreme Court announced a new policy to solve the real “standing problem” confronting those who wish to watch oral arguments. Rick Hasen has the details here.
The “Marcott Mess”
A recent paper in Science reconstructing climate records for the Holocene received substantial media attention because it showed a gradual cooling for several thousand years followed by a dramatic uptick in temperature in the past 100 years. This uptick seemed to replicate the blade of Michael Mann’s “hockey stick,” and was highlighted in media reports on the […]
Suit Alleging Political Discrimination at DOJ May Proceed
Three unsuccessful applicants to the Department of Justice’s Honors Program sued the federal government alleging they were rejected on political grounds. The district court in D.C. rejected their claims. Last Friday, however, in Gerlich v. U.S. Department of Justice, the U.S. Court of Appeals for the D.C. Circuit reversed the district court’s grant of summary judgment […]
DOMA and Definitions – A Final Comment
In his last post on the subject, Nick Rosenkranz concludes that “the mere fact of a federal definition, for purposes of federal law, does not violate principles of federalism.” On this we are entirely agreed. And if all Congress sought to do with Section 3 of DOMA was to define the semantic meaning of a […]
Commentary on DOMA and Federalism
By Jonathan H. Adler on March 29, 2013 7:02 pm in DOMA, Federalism, Same-Sex Marriage, Supreme Court
Whatever the merits of the federalism concerns I and others have raised about the Defense of Marriage Act (DOMA), the issue is garnering a fair amount of attention. Here’s a brief round-up of some recent commentary: Mike Dorf, “The Federalism Argument that Should Have Been Made Against DOMA” – arguing that DOMA’s opponents missed an opportunity at […]
Can the Federal Government Define “Property” For Purposes of Federal Law? – A Response to Orin
In a post below, Orin notes that many federal statutes define the meaning of the term “property,” even though property is generally defined under state law. If this is so, Orin understandably wonders, how could there be a problem with Congress defining marriage for purposes of federal law in DOMA? The short answer to Orin […]
Drug-Sniffing Dog on Front Steps Is a “Search”
Today, before hearing oral argument in Hollingsworth v. Perry, the Supreme Court decided Florida v. Jardines. Splitting 5-4 the Court held that when police brought a drug-sniffing dog onto a homeowner’s front porch it did constitute a “search” for purposes of the Fourth Amendment. Orin may have more to say on the merits. Of immediate interest, however, […]