Today the Supreme Court held, 8-1, in Lopez v. Gonzales that conduct made a felony under state law is not a “felony punishable under the Controlled Substances Act” that could trigger deportation under the Immigration and Naturalization Act if it is not punishable as a felony under the CSA. Justice Souter wrote the majority opinion. […]
Author Archive | Jonathan H. Adler
Dujail Judgment in English:
Groatian Moment: The Saddam Hussein Trial Blog, hosted by the Cox Center for International Law at Case Western Reserve University School of Law, has posted an English translation of the complete 298-page opinion of the Iraqi High Tribunal in the Dujail trial of Saddam Hussein. This is the first place a complete translation of the […]
The Methane Mystery:
Over the past few decades, atmospheric methane levels have stopped increasing and leveled off. This is significant because methane is a particularly potent greenhouse gas, significantly more so than carbon dioxide. The question is what accounts for this trend, and whether it will continue. An article in the November/December issue of American Scientist discusses the […]
Are Wild Fish “Organic”?
Today’s New York Times has an interesting editorial on the budding controversy over how to apply “organic” labels to fish, in particular wild caught salmon. Farm-raised salmon can be labeled as “organic” if produced in accord with USDA guidelines, but what about fish that come from the sea? The Department of Agriculture routinely distinguishes between […]
Sunday Song Lyric:
I find it hard to believe I’ve never posted a White Stripes song lyric. The Detroit duo of Meg and Jack White have produced some incredible albums. Their lo-fi garage-rock recordings are simultaneously raw and rich, and their song-writing revelas a deep appreciation for American music forms, particularly blues, punk, country, and post-War pop. (How […]
EPA Employees Embrace Action on Climate:
Yesterday Public Employees for Environmental Protection released a “petition” signed by the presidents of 22 union locals of EPA employees calling on Congress to take action on global climate change. The letter, addressed to Congress, reads in part: The climate changes we are witnessing are those that are largely due to human behavior. Therefore, we […]
OLC Alum Hullabaloo (Continued):
UMinn law student Ivan Ludmer has two follow-up posts (here and here) on the controversy over whether Robert Delahunty should teach Constitutional Law at Minnesota next year. Among other things, Ludmer notes that, according to this story in the St. Paul Pioneer Press, UMinn officials were completely unaware of Delahunty’s role in the “torture memos” […]
More Reax to Mass v. EPA Argument:
Here are some more reactions and analyses of yesterday’s oral argument in Massachusetts v. EPA: Roger Pielke Jr. on Prometheus; David Roberts on Grist; GELPI’s Justin Pidot on Grist; Chris Mooney on The Intersection. If that’s not enough, Howard rounds up some of the news covereage here. I hope to post more of my own […]
Same-sex marriage and the election (Part 2):
Much more important to the politics of gay marriage than the national election results are the results in (1) popular votes on state constitutional gay-marriage bans and (2) the results in state legislative races. Both suggest that we may be headed for more state legislative action toward the recognition of same-sex relationships in the form […]
Same-sex marriage and the election (Part 1):
On the eve of the election, anti-gay-marriage commentator Stanley Kurtz assessed the likely impact of the results on the future of same-sex marriage politics. First, he suggested, there were important immediate implications for New Jersey, where the state supreme court had just ordered the legislature to grant equal rights to gay families. If Menendez wins […]
New Jersey Federalist Society Panel on Lewis v. Harris:
The New Jersey Lawyers Chapter and Seton Hall Law School Chapter of the Federalist Society are hosting a panel discussion on the recent New Jersey marriage decision. It will take place this coming Monday, Nov. 6, 5:30-7:00 p.m. at Seton Hall Law School, Rm. 373, One Newark Center, Newark, NJ. The panelists will be the […]
“The Loving analogy is complete”:
Jim Chen on New Jersey: In this instance, the Loving analogy is complete. I take Loving personally. It was decided before I reached six months of age. I came of age in the geographic center of the American region that historically sanctioned extraordinary, even violent, measures to prevent even the hint of interracial mingling. I […]
Seriously?
The Washington Post reports that a Democratic House leadership would likely name Rep. Alcee Hastings the head of the House Intelligence Committee, and that the Congressional Black Caucus is insisting on this, given that Rep. Hastings is first in line because of seniority; Michael Barone reports that “Minority Leader Nancy Pelosi is said to be […]
New York’s Highest Court Adopts Mystery Scrutiny as the Test Under the State Constitution’s Free Exercise Clause:
Catholic Charities v. Serio, decided today, rejects both Sherbert/Yoder strict scrutiny and Smith rational basis scrutiny in religious exemption cases, and instead says: We now hold that substantial deference is due the Legislature, and that the party claiming an exemption bears the burden of showing that the challenged legislation, as applied to that party, is […]
Bangladeshi Editor Facing Attack by (Seemingly Government-Linked) Mob, Criminal Trial, and Possibly the Death Penalty for Advocating Ties With Israel:
The Jerusalem Post reports: A Muslim journalist facing charges of sedition for advocating ties with Israel was recently attacked and beaten by a crowd in Bangladesh that allegedly included leading officials of the country’s ruling party, The Jerusalem Post has learned. Salah Uddin Shoaib Choudhury, editor of the Weekly Blitz newspaper, an English-language publication based […]