Jonathan H. Adler
reason
Cleveland, OH, United States
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Past articles by Jonathan:
WV v. EPA: Some Answers about Major Questions (But Not All the Answers We Need)
My forthcoming article the good, the bad, and the likely implications of the Supreme Court's decision West Virginia v. EPA → Read More
Judge Bill Pryor Challenges Common-Good Constitutionalism
A recent lecture defends Originalist judging against its upstart conservative rival. → Read More
Judge Neomi Rao on "Textualism's Political Morality"
A lecture on textualism at the Case Western Reserve University School of Law. → Read More
Judge Neomi Rao to Deliver Sumner Canary Lecture on "Textualism's Political Morality"
The lecture will be live in-person and webcast from the Case Western Reserve University School of Law on Thursday, March 3. → Read More
SSRN Removes Academic Paper Due to Defamation Claim
A paper by Professor Ann Lipton has been deplatformed because Philip R. Shawe does not like how it portrays his actions in a business dispute, and now a law review may refuse to publish the piece. → Read More
Markets and Dematerialization
Dematerialization may be the most important, yet unsung, example of environmental progress in the 21st century. It is commonplace to observe that the relentless drive to do more with less has led to more efficient resource use, so that a soda can today is made with a fraction of the metal required 50 years ago. But dematerialization is not merely a story about increased efficiency or per‐capita… → Read More
D.C. Circuit Concludes Trailers Are Not "Motor Vehicles"
A partially divided panel concludes the Environmental Protection Agency may not regulate trailers as “motor vehicles.” → Read More
Why Carbon Pricing Is Preferable to Carbon Regulation
And, within those policies deemed "carbon pricing," a carbon tax is preferable to cap-and-trade. → Read More
What Is Seditious Conspiracy?
The relevant provision of the U.S. Code seems oddly relevant. → Read More
Standing to Challenge the Individual Mandate
Plaintiffs may have had standing in NFIB v. Sebelius, but they don't in California v. Texas. → Read More
Welcome to the New Roberts Court
How different will the newly constituted Court be from what has come before? → Read More
Of Biden, Bush, and the History of Judicial Confirmation Fights
Imagine how things would be different had a 2002 Bush proposal to deescalate judicial nominations been adopted. → Read More
Will the Senate Have a Quorum to Confirm Judge Barrett? (Updated)
As more Senators test positive for Covid-19. the ability of the Senate to conduct business is threatened. → Read More
"The Only Rule that Governs the Confirmation Process Is the Law of the Jungle"
A 2016 op-ed by Benjamin Wittes and Miguel Estrada is worth revisiting. → Read More
Divided Sixth Circuit Panel Discovers Constitutional Right to a "Basic Minimum Education"
In a 2-1 decision sure to provoke substantial debate, a court concludes that states are obligated to provide citizens with a certain degree of education. → Read More
Lawson on Conservatives versus Constitutionalists
Gary Lawson, writing on Gundy v. United States decision in the Cato Supreme Court Review discusses the potential difference between → Read More
Justice Kavanaugh on Delegation and Major Questions (Updated)
This morning the Supreme Court denied rehearing in Gundy v. United States, a failed non-delegation challenge to portions of the Sex → Read More
Revising WOTUS
The Trump Administration is attempting a welcome redefinition of "waters of the United States" → Read More
Harold Demsetz, R.I.P.
The loss of a great economist and important property rights theorist. → Read More
BREAKING: District Court Judge in Texas Holds ACA Is Unlawful
A federal district court judge in Texas has accepted a strained and implausible argument that the Affordable Care Act must be struck down because Congress → Read More