It is quite disturbing that those involved in plotting the foiled terror plots in Britain were trained in medicine. Unfortunately, such perversions of medical obligations are nothing new. As my former colleague Amos Guiora recounts, the leadership of Hamas included a doctor who justified his support of terrorism by suggesting there were two of him […]
Author Archive | Jonathan H. Adler
Biotech Can Boost Milk Production:
Milk prices are up, and may well go higher. What can be done about it? Dr. Henry Miller, a former FDA official now with the Hoover Institution, has an idea: One way to ease the shortage and lower the prices is to take greater advantage of a proven 13-year-old biological technology that stimulates milk production […]
Plaintiffs Lack Standing to Challenge NSA Surveillance:
Today the U.S. Court of Appeals for the Sixth Circuit held that none of the plaintiffs in American Civil Liberties Union v. National Security Agency have standing to challenge the program and dismissed the case. Judge Batchelder wrote the opinion for the court. Judge Gibbons delivered a separate concurring opinion, and Judge Gilman dissented. I […]
How Conservative This Court?
Is the Roberts Court really that conservative? I don’t think so. As I see it (and argue in this NRO article) the Supreme Court’s 2006-07 term did not reveal a conservative ascendency, so much as it suggested the beginning of the “Kennedy Court.” Justice Kennedy is the swing justice, and the pattern of judicial decisions […]
Supreme Court Wrap-Ups:
Like the Federalist Society, the American Constitution Society held an end-of-term review that is available here. SCOTUSBlog rounds up some end-of-term analyses here, and has a statistical summary of the term here. I also can’t help noting my appearance on the PBS Newshour with Goodwin Liu.
Following Cheney’s Tracks through Environmental Policy:
The fourth and final installment of the Washington Post series on the Cheney Vice Presidency focuses on the role of the Vice President
Wilkie and the “War on the West”:
Any backlash against the Supreme Court’s Wilkie v. Robbins decision is likely to come from the West. Robbins’ claims resonate in the West in a way it may be difficult for landowners in other parts of the country to appreciate. In many western states government ownership of land is the norm, and private property interests […]
Barring Bivens Actions for Property Owners:
What makes Wilkie v. Robbins a difficult case is that Robbins is seeking the extension of a judicially created cause of action to cover his circumstances, when a legislatively authorized remedy would be preferable. As the majority framed the central issue: The first question is whether to devise a new Bivens damages action for retaliating […]
Griles Goes to Jail:
Former Deputy Interior Secretary J. Steven Griles will go to jail for lying to Congress, a judge concluded yesterday. Griles allegedly obstructed the Congressional investigation into the activities of lobbyist Jack Abramoff. Griles pleaded guilty in March to lying to the Senate about his relationship with Abramoff. In the plea agreement, prosecutors recommended a sentence […]
Monday’s Big Environmental Decision — NAHB v. Defenders of Wildlife:
The Supreme Court released another major environmental decision Monday, National Association of Home Builders v. Defenders of Wildlife (NAHB). As in Massachusetts v. EPA, environmentalist groups sought to expand the scope of a major environmental law, over the opposition of the Environmental Protection Agency. Also like Mass v. EPA, the Court split 5-4. Unlike Mass. […]
Property Rights’ Unlikely Champion in Wilkie v. Robbins:
Yesterday, in Wilkie v. Robbins, the Supreme Court held, 7-2, that a landowner cannot maintain a private cause of action for damages against federal government employees who engage in a campaign of “harassment and intimidation aimed at extracting an easement across public property.” The dissent maintained that the Court majority failed to safeguard the “bedrock […]
Sunday Song Lyric:
A few weeks back I tried to find a good immigration-related song lyric, and proposed “Illegal Alien” by Genesis. Since then, I’ve picked up The White Stripes new album, Icky Thump. Immigration is still in the news, and the album’s title track is a great song with topically appropriate lyrics, including the following: White Americans, […]
EPA May Tighten Ozone Standard Again:
The Environmental Protection Agency (EPA) is proposing to tighten the National Ambient Air Quality Standards (NAAQS) for ground-level ozone, aka “smog.” Specifically, the EPA is proposing to lower the ozone NAAQS from 0.08ppm to somewhere between 0.070ppm and 0.075ppm, though it will also consider tightening the standard to 0.060ppm and leaving the standard as is. […]
Has Cost-Benefit Analysis Worked?
Many economists have long advocated the use of cost-benefit analysis and other economic tools to improve regulatory decision-making and cost-effectiveness. Some government agencies have adopted such measures. Have they worked? A new paper co-authored by Robert Hahn, one of the more prominent cost-benefit advocates, suggests the results have been mixed and recommends additional reforms. Here’s […]
China’s Number One:
Researchers in the Netherlands report that it looks as if China has already overtaken the United States as the world’s largest emitter of greenhouse gases. (See also here.) Fossil fuel energy use has soared in China, where two new power plants — most of which burn coal — open each week. But this is not […]