How much has hydraulic fracturing and associated technological improvements in oil and gas development affected the economics of energy? In August of this year the Energy Information Administration reported a record increase in proved reserves of oil and gas in 2010. Here are the relevant graphs: Technological improvements deserve most of the credit, though higher energy […]
Author Archive | Jonathan H. Adler
Merrill on “Fear of Fracking”
This morning, Columbia’s Thomas Merrill delivered the keynote address at the Case Western Reserve Law Review symposium on “The Law and Policy of Hydraulic Fracturing: Addressing the Issues of the Natural Gas Boom.” His talk, “Fear of Fracking,” sought to addressed four important questions about fracking: 1) Why did fracking technology emerge in the United […]
En Banc Sixth Circuit Voids Michigan Civil Rights Initiative
By an 8-7 vote, the U.S. Court of Appeals for the Sixth Circuit has held that Michigan’s Proposal 2, aka the Michigan Civil Rights Initiative, is unconstituional. The Court split along predictable ideological lines, with Democratic nominees siding with the plaintiffs, and Republican nominees voting to uphold the initiative. Judge Cole delivered the opinion for […]
The GOP’s Pot Problem
Support for the decriminalization of marijuana, whether for medicinal or recreational use, is on the rise as state after state votes to lower (if not eliminate) restrictions on cannabis possession and use. The federal government’s response, particularly under the Obama Administration, has been to step up enforcement efforts. And what is the GOP response? Falling […]
What Should You Do When Someone Incorrectly Cites Your Academic Work?
At CoOp, Lawrence Cunningham ponders how academics should respond when someone else incorrectly cites their work. Wonderful as it is to be cited, being cited incorrectly poses a dilemma. If your article is referenced for a proposition it does not support, what should you do? Should you alert the author of the piece or the […]
Posner Defends the Electoral College
The ever-iconoclastic Judge Richard Posner has a column in Slate defending the Electoral College. Although the Electoral College is somewhat undemocratic, in that a candidate may win the election without securing a majority of the popular vote, Posner identifies five practical reasons for keeping it in place. I am not sure I agree with all […]
Case Fracking Symposium
This Friday, the Case Western Reserve Law Review is sponsoring a full-day symposium on “The Law and Policy of Hydraulic Fracturing.” Columbia’s Tom Merrill is delivering the keynote. Other presenters will include Joseph Tomain (Cincinnati), John Nolon (Pace), Elizabeth Burleson (Pace), Heidi Gorovitz-Robinson (Cleveland-Marshall), Kalyani Robbins (Akron), Tim Fitzgerald (Montana State), Nick Schroeck (Wayne State), […]
Judicial Minimalism, the Mandate, and Mr. Roberts
In July, I suggested that Chief Justice Roberts’ decision to uphold the individual mandate as a tax in NFIB v. Sebelius was largely consistent with the overall judicial approach he’s demonstrated since joining the Court. I have expanded this argument into an essay that will be included as a chapter in the forthcoming book The […]
Assessing the REINS Act
Among the regulatory reform proposals passed by the House of Representatives this year was the “REINS Act,” a proposal to require Congressional approval before major regulations could take effect. Supporters and opponents of this bill have presented the REINS Act as a deregulatory tool. The actual effect of the REINS Act is likely to be […]
If Only Nixon Could Go to China, Only Obama . . .
It has often been the case that significant political changes can only occur when a President plays against type. So only Nixon could go to China and only George Bush (41) could sign the 1990 Clean Air Act (the largest and most costly environmental statute ever enacted. Perhaps, by the same token, only a Democratic […]
Gay Marriage Gains
Last night was a good night for same-sex marriage, as pro-same-sex marriage initiatives passed in Maine, Maryland, and perhaps even Washington, and an anti-same-sex marriage fell in Minnesota. The passage of these initiatives is particularly significant because they occurred at the ballot box, rather than through the courts. In fact, this is the first time […]
ObamaCare Encourages Shift to Part-Time Workers
Today’s WSJ reports: Several restaurants, hotels and retailers have started or are preparing to limit schedules of hourly workers to below 30 hours a week. That is the threshold at which large employers in 2014 would have to offer workers a minimum level of insurance or pay a penalty starting at $2,000 for each worker. […]
What Would It Have Meant to “Let Detroit Go Bankrupt”?
Edward Niedermeyer has an interesting WSJ op-ed on what it would have meant to let GM and Chrysler go through a traditional bankruptcy process, and whether this would have meant giving up on the domestic auto industry (ignoring, for the moment, the existence of other auto manufacturing in the US) and industry employment. Here’s a […]
In Pursuit of Journalistic Negativity
A new report on media coverage of the presidential campaign from the Pew Research Center looks at the balance of positive and negative coverage of the major presidential candidates. Among the report’s findings: The study reveals the degree to which the two cable channels that have built themselves around ideological programming, MSNBC and Fox, stand […]
Judge Cites Jay-Z, Judicial Watch Gets Upset
Above the Law reports that a federal district court judge cited Jay-Z’s “99 Problems” (and a relevant law review article) in a recent opinion. (We’ve cited it too.) Judicial Watch is not amused, as if judicial notice of iconic rap songs is a threat to the legal order.