Teresa Wagner sued the University of Iowa School of Law alleging she was passed over for a faculty position due to ideological bias. The jury rejected some of her claims but deadlocked on another. On Friday, a federal district court dismissed Wagner’s one remaining claim and rejected Wagner’s motion for a new trial. Here are […]
Author Archive | Jonathan H. Adler
Debating DOMA and Federalism
As Dale noted here, several VC contributors joined a federalism scholars amicus brief in United States v. Windsor arguing that Section 3 of the Defense of Marriage Act transgresses the limitations on federal power. Our brief questions whether it is proper for the federal government to seek to defend a traditional conception of marriage in […]
Blogospheric Rubbernecking
Paul Campos may have closed his “Inside the Law School Scam” blog, but his longstanding feud with Brian Leiter continues (see here and here), and is spilling over onto other blogs. If you ask me, it’s getting a bit ridiculous. UPDATE: Brian Leiter responds to Campos’ latest charges in an addendum to this post. FURTHER […]
D.C. Circuit Rejects Challenges to Polar Bear Listing
This morning the U.S. Court of Appeals for the D.C. Circuit handed down a unanimous opinion rejecting both industry and environmentalist group challenges to the Fish & Wildlife Service’s decision to list the polar as a “threatened” species. Environmentalist groups argued the FWS should have listed the polar bear as “endangered. Industry groups and their […]
Paul Campos Ends Law School Scam
Paul Campos has posted a farewell post at his “Inside the Law School Scam” blog. UPDATE: Comments from Paul Horowitz and Brian Leiter.
Regulatory Takings and “Lochnerism”: An Observation
By Jonathan H. Adler on February 28, 2013 9:08 am in Due Process Clause Property Rights, Property Rights, Regulatory Takings, Uncategorized
It is often argued that regulatory takings doctrine is a form of “Lochnerism” and a revival of “substantive due process” constraints on economic regulation. So, for instance, in his Dolan v. Tigard dissent, Justice Stevens traces the history of the doctrine to the Lochner period and finds the roots of regulatory takings doctrine in late-19th century substantive due […]
No Standing to Challenge FISA Surveillance
Today, in Clapper v. Amnesty International USA, the U.S. Supreme Court held that petitioners Amnesty International, et al., lacked standing to challenge surveillance of international communications under the Foreign Intelligence Surveillance Act. The Court split 5-4 along traditional right-left lines. Justice Alito wrote for the majority opinion. Justice Breyer dissented. Here is the introduction from […]
Justice Goodwin Liu on Justice Harlan (Among Other Things)
Today I had the opportunity to hear an address by Associate Justice Goodwin Liu of the California Supreme Court at the City Club of Cleveland. Justice Liu, as some may recall, was nominated to a seat on the U.S. Court of Appeals for the Ninth Circuit by President Obama. Then-Professor Liu was filibustered in the […]
Huntsman Endorses Gay Marriage
Former Utah Governor Jon Huntsman endorses gay marriage in The American Conservative. Here’s a bit of his argument: All Americans should be treated equally by the law, whether they marry in a church, another religious institution, or a town hall. This does not mean that any religious group would be forced by the state to […]
Katyal on Executive Oversight for Drones
Former acting solicitor general Neal Katyal writes in today’s NYT in favor of an executive branch court to oversee the use of drones to combat terrorism. His op-ed begins: In the wake of revelations about the Obama administration’s drone program, politicians from both parties have taken up the idea of creating a “drone court” within the […]
The Torture of Solitary Confinement
George Will’s latest column suggests that the use of solitary confinement in American prisons is tantamount to torture, particularly when used for extended periods of time. Isolation changes the way the brain works, often making individuals moreimpulsive, less able to control themselves. The mental pain of solitary confinement is crippling: Brain studies reveal durable impairments and abnormalities in […]
National Jurist Acknowledges Widespread Errors in Flawed Rankings
In response to widespread complaints, the National Jurist has reviewed its use of data from Ratemyprofessors.com. While NJ still insists it was appropriate to use this haphazardly collected data for one-fifth of each school’s rating, it has been forced to revise the RMP score for two-thirds of ranked schools. Let’s say that again: The National Jurist went to press with a […]
Armen Alchian, RIP
Noted UCLA economist Armen Alchian died today. David Henderson and Alex Tabarrok note his passing and provide links to some of his work, much of which concerned the nature of property rights. UPDATE: David Henderson has more in the WSJ.
Today’s Unusual Lineup: Bailey v. U.S.
Among the decisions handed down today by the Supreme Court is Bailey v. United States in which the Court held that it was not reasonable for police to seize an individual incident to the search of the individual’s residence when the individual was stopped and detained some distance from the dwelling in question, and there was […]
Epstein on Dworkin
Richard Epstein comments on the passing of Ronald Dworkin “from the other side of the political spectrum.” A taste: Dworkin must rate as one of the most distinguished and successful academics in the post-World War II era. He and I could never be described as close friends, let alone intellectual allies. But none of those […]