Author Archive | Jonathan H. Adler

Federal Overreach on AZ Shootings

A federal grand jury has indicted Jared Loughner, the crazed gunman who shot Rep. Gabrielle Giffords among others, on a whopping 49 counts.  Why so many?  Because federal prosecutors are trying out a new theory that would enable them to prosecute Loughner not only for shooting Giffords, her staff, and a federal judge, but also […]

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Ending Faculty Unions in Ohio

Last week, the Ohio state senate narrowly passed legislation that would, among other things, substantially limit collective bargaining by public sector unions and prohibit strikes by government workers. Today’s Plain Dealer reports that one provision has university faculty at a handful of state schools particularly concerned, as it would prevent unionized professors from participating in […]

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Collective Bargaining for States But Not for Uncle Sam

Public employees in many states have far greater collective bargaining rights than do federal workers. As I understand it, federal government employee unions can only bargain collectively over a small range of issues. Even if Wisconsin Governor Walker is successful at pushing through his limitations on collective bargaining in Wisconsin, state and local workers in […]

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Truffle Kerfuffle

Truffles can be big business. Some types, like the black Perigord truffle, can fetch $800 a pound. So it’s no surprise that aspiring truffle tycoons might find themselves in court. Today’s NYT reports on the legal fight between two would-be truffle growers in North Carolina. Over the past few years, the two have sued and […]

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Funeral Protesters Win at High Court

Today the Supreme Court issued its opinion in Snyder v. Phelps.  The funeral protesters won 8-1.  Chief Justice Roberts wrote for the Court.  Justice Breyer concurred, and Justice Alito dissented.  The majority opinion concludes: Our holding today is narrow. We are required in First Amendment cases to carefully review the record, and the reach of […]

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AT&T Needs a Hug

Yesterday, in FCC v. AT&T, the Supreme Court unanimously rejected AT&T’s claim that records related to an FCC investigation of AT&T should be exempt from disclosure under the Freedom of Information Act because such disclosure would violate AT&T’s “personal privacy.” Specifically, AT&T sought to invoke the FOIA exemption for law enforcement records the disclosure of […]

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“The Boehner Uncertainty Principle”

CWRU business professor Scott Shane examines House Speaker John Boehner’s claim that regulatory uncertainty is discouraging business investment and job creation.  His conclusion: both theory and evidence support the Boehner uncertainty principle: increased government regulation creates uncertainty about the future, which deters small business owners from investing and hiring. Getting small businesses to invest and […]

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Teachers’ Unions and Test Scores

I keep hearing the claim that the five states that do not allow collective bargaining for teachers have the lowest standardized test scores in the country.  If this were true, it would be worth investigating the connection between teacher unionization and student performance, only it’s not.  As Politifact documents here, the claim is false. Wisconsin […]

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Saving Water, Increasing Sludge, Adding Bleach

The San Francisco Chronicle reports on the unintended consequences of San Francisco’s efforts to encourage installation of more low-flow toilets.  Among other things, the city’s PUC offers rebates for “high efficiency toilets,” which use even less water than federally mandated low-flow toilets.  From the Chronicle: Skimping on toilet water has resulted in more sludge backing […]

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“Oral Arguments Are About the Justices”

The Washington Post‘s Robert Barnes reports that the Supreme Court’s justices are “talking more and listening less” at oral argument. Oral arguments at the high court are a fast-paced hour of queries and hypotheticals, commentaries and critiques – and interruptions. Advocates trying to answer the barrage of questions quickly learn a truism of the court: […]

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Live Blogging Fed-Soc Student Symposium

This weekend the Federalist Society is holding it’s 30th Annual Student Symposium at the University of Virginia School of Law.  The theme is “Capitalism, Markets and the Constitution.”  Harlan Institute founder Josh Blackman is live-blogging the proceedings on his blog. The UVA student chapter is also blogging some of the event here. The VC is […]

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When Senate Republicans Went AWOL

Wisconsin Democrats are hardly the first legislators to ever seek to stop legislative action by denying a quorum.  Texas Democrats did it in 2003 to prevent Republicans from pushing through a redistrciting plan.  But Republicans have done it as well.  In 1988, Senate Republicans, tired of filibustering through the night, left the Senate floor so […]

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Political Medicine

Ford Vox, a physician, comments on videos of doctors in Madison, Wisconsin, handing out physician’s notes to excuse union protestors for missing work. A doctor’s sick note is a serious document. It represents an employer’s desire to verify through a respected, independent, medically qualified third party the fact of an illness and the true need […]

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