One of my favorite articles about the work of Ronald Coase is Robert Ellickson’s “The Case for Coase and Against Coaseanism.” Here is a portion of the introduction: Poor Ronald Coase. In an introductory essay to a recently published collection of his articles, Coase laments his lack of influence among economists. “My point of view […]
Author Archive | Jonathan H. Adler
Coase on Externalities
The existence of “externalities” — effects (costs or benefits) of market transactions that are not experienced by those involved in the transaction, but are instead experienced by others, those “external” to the transaction — is routinely proffered as a justification for governmental regulation of private economic activity. Ronald Coase had a different view, however. In […]
Ronald Coase R.I.P.
I am stunned and saddened to learn that Nobel Laureate economist Ronald Coase has died. As the author of such seminal works as “The Lighthouse in Economics,” “The Nature of the Firm, ” and “The Problem of Social Cost,” Coase was one of the most influential thinkers of his generation. (See also Brian Leiter’s comment […]
DEA Has Its Own Phone Call Database
The NYT reports on the Drug Enforcement Administration’s “vast phone trove,” “an enormous AT&T database that contains the records of decades of Americans’ phone calls,” and appears more expansive than that maintained by the National Security Agency. The Hemisphere Project, a partnership between federal and local drug officials and AT&T that has not previously been reported, […]
Proposed Settlement of NFL Concussion Lawsuit
Just before the Labor Day weekend — and just in time for the start of the season — the National Football League announced a settlement agreement with former players who sued the league over concussion injuries sustained while playing professional football. The plaintiffs alleged the NFL had not adequately addressed concussion risks to players and, […]
EPA Fares Well in D.C. Circuit
By Jonathan H. Adler on August 28, 2013 8:16 pm in Administrative Law, Environment, Judicial Nominations
As I noted here, some progressives argue that the U.S. Court of Appeals for the D.C. Circuit is engaged in a “judicial jihad against the regulatory state,” environmental regulations in particular. It seems someone forgot to tell the judges on the D.C. Circuit, for as Greenwire reports, the Environmental Protection Agency fares rather well in a […]
Stop the Insanity
I’ve recently learned that some of my scholarship is cited in a book urging President Obama’s impeachment. As my daughter would say, “How about no.” It’s reasonable to criticize this Administration’s efforts to expand executive power and its abuses of administrative authority — and I have done so — but this impeachment stuff is inane.
Incrementalism Versus the “Long Game”
There are two additional passages in Adam Liptak’s interview with Justice Ginsburg worth highlighting. The first describes Chief Justice Roberts’ alleged strategy for shifting the law in a rightward direction. Some commentators have said that the two voting rights decisions are an example of the long game Chief Justice Roberts seems to be playing in several areas […]
Justice Ginsburg on “Judicial Activism” in the Roberts Court
Justice Ruth Bader Ginsburg believes the Roberts Court is “one of the most activist courts in history,” according to a widely cited interview with the NYT‘s Adam Liptak. “Activist” is a slippery label, often indicating nothing more than disagreement with a Court’s decision in a given case. fortunately Justice Ginsburg provided Liptak with a definition. Specifically, Ginsburg […]
From A Crawl to A Sprint: Obama and the D.C. Circuit
On June 4, 2013, President Obama made three nominations to the U.S. Court of Appeals for the D.C. Circuit. It remains to be seen how many of these nominees will be confirmed to this essential court. Republicans are in no rush to fill more seats on this Circuit, having already defeated one nominee to this […]
SCIL Loses First Amendment Challenge to Bar Passage Disclosure Requirement
By Jonathan H. Adler on August 21, 2013 8:38 pm in Academia, Bar Exam, Freedom of Speech, Law Schools, Legal Profession
As I noted here, the Southern California Institute of Law sought to challenge a requirement that it disclose the bar passage rate of its graduates. The San Francisco Chronicle reports that the judge was not too impressed with this argument. SCIL’s attorney says the school may appeal. More from the WSJ Law Blog and ABA Journal.
Decimating the Public Defender System
Former judges Paul Cassell and Nancy Gertner have an op-ed in today’s WSJ decrying the effects of budget constraints and sequestration on federal public defenders. Here’s a taste: due to the combination of general budget austerity and sequestration, the federal public defender system—a model of effective indigent defense for the past 40 years—is being decimated. As […]
House Democrat to Challenge IRS Tax-Exemption Rules
The Washington Post reports that Rep. Chris Van Hollen (D-MD) will file suit today against the Internal Revenue Service’s regulations governing what organizations qualify for tax exempt status. Current law says the organizations must engage “exclusively” in social welfare activities, but IRS tax code requires only that they are “primarily engaged” in such purposes. That discrepancy has […]
Dean Sanctioned for Submitting False Admissions Data
Via Legal Ethics Forum comes news that former Villanova Law School Dean Mark Sargent received a three-year suspension from the Massachusetts Bar for knowingly submitting false admissions data. Former Illinois Law DeanAssistant Dean of Admissions Paul Pless was also reprimanded by the Washington State bar. [Note: Errors to this post have been corrected. Most significantly, as […]
Mann v. Steyn — Mann Wins Round One
Last year, the noted (and controversial) climate scientist Michael Mann sued National Review and the Competitive Enterprise Institute for defamation and intentional infliction of emotional distress for blog posts written by Mark Steyn and Rand Simberg and posted on National Review Online and CEI’s OpenMarket blog, respectively. I blogged about the case in these four posts: 1, 2, […]