Author Archive | Jonathan H. Adler

ESPN’s Chris Mortensen is reporting that NFL officials have concluded that the New england Patriots cheated in their season-opening victory over the New York Jets. According to the report, the Patriots used a video camera to tape the Jets’ defensive play-calling signals. Using video cameras to record the plays themselves is okay under NFL rules, […]

Marty Lederman highlights some key points from Jack Goldsmith’s book and a recent interview. For those of us who don’t yet have a copy of the book, it’s worth a read. As these excerpts illustrate, even those who are generally supportive of aggressive counter-terrorism measures and expansive constructions of executive power should have serious concerns […]

Eric Muller previews his forthcoming book, American Inquisition: The Hunt for Japanese American Disloyalty in World War II on Is That Legal? here and here.

Amos Guiora’s op-ed on the failings of airport security prompted significant response, here and elsewhere. Among other things, readers debated whether his example of TSA subjecting a three-year-old to the explosive-detecting “blower” was a good example of poor prioritization and a failure to focus on resources on actual threats. In response to these comments, Amos […]

In a report on the efforts of Democratic presidential candidates to attract the “best and brightest” policy advisors for their campaigns, Newsweek columnist Michael Hirsh reports that former national security advisor and document pilferer Sandy Berger is one of the three foreign policy experts most relied upon by Senator Hillary Clinton in her White House […]

Last week’s panel on “Enforcing the Clean Water Act” in which I participated largely focused on H.R. 2421, “The Clean Water Restoration Act of 2007,” a bill introduced by Representative Oberstar “to amend the Federal Water Pollution Control Act to clarify the jurisdiction of the United States over waters of the United States.” This legislation […]

Robert Novak says there is more (or is that less) to the Congressional Ethics legislation than meets the eye: The final version of the widely celebrated ethics bill, approved by overwhelming margins in both the House and Senate a month ago, finally and quietly made its way last week from Capitol Hill to the White […]

Six years after 9-11, have we learned how to prevent terrorism? Perhaps, as there has not been a successful attack in the U.S. since then. On the other hand, it is hard to defend our current approach to airport security. After watching the TSA subject a three-year-old to the explosives-sniffing “blower” at an airport, my […]

Speaking of the Dave Brubeck Quartet, they are one of the many acts to record the classic song “These Foolish Things (Remind Me of You)” (lyrics by Holt Marvell, music by Harry Link and Jack Strachey). Here, for instance, is Brubeck performing the song in 1959. “These Foolish Things” was a hit for artists ranging […]

The audio of yesterday’s Federalist Society program, “Enforcement of the Clean Water Act,” discussing whether Congress needs to “fix” the Clean Water Act to extend federal regulatory jurisdiction after the Supreme Court’s decision in Rapanos v. United States is available on-line here. I plan to post some of my thoughts about the program over the […]

From “How Ethanol Is Making the Farm Belt Thirsty” in today’s W$J (subscription): Everywhere farmers grow corn, water is becoming a major concern as ethanol plants ramp up production at a startling rate and the threat of drought is ever-present. Rushing to help meet President Bush’s call to cut gasoline use by 20% over the […]

The AP reports: Sen. Larry Craig is reconsidering his decision to resign after his arrest in a Minnesota airport sex sting and may still fight for his Senate seat, his spokesman said Tuesday evening. “It’s not such a foregone conclusion anymore, that the only thing he could do was resign,” Sidney Smith, Craig’s spokesman in […]

This Thursday I will be participating in a panel, “Enforcement of the Clean Water Act,” sponsored by the Federalist Society’s Environmental Law and Property Rights Practice Group in Washington, D.C. Also appearing on the panel will be Maryland Law Professor Robert Percival, Vermont Law Professor Patrick Parenteau, and Reed Hopper of the Pacific Legal Foundation. […]

Today’s divided Sixth Circuit opinion in a habeas case is Ferensic v. Birkett. In this case, Judges Gilman and Clay affirmed the decision of the federal district court to grant the habeas petition. Judge McKeague dissented. Judge Gilman’s opinion for the majority begins: A Michigan state jury convicted Robert Ferensic in 1999 of armed robbery, […]

Next Sunday, the New York Times Magazine will feature a profile of Harvard Law Professor Jack Goldsmith written by Jeff Rosen. The profile centers on Goldsmth’s work on international law and national security issues, and his brief tenure as the head of the Justice Department’s Office of Legal Counsel during the Bush Administration. It also […]