Articles Written by:    JONATHAN H. ADLER     

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NYT Policy on Illegally Acquired Documents

Release of the documents doesn’t harm national security, hence the Times is not interested. ‘Insider’ wouldn’t suprise me — it’s a curious collection, from a computer point of view, to have emails and data files and reports ‘all in one zip file’, as ...

From JONATHAN H. ADLER, The Volokh Conspiracy,  23 Nov 2009
Related Topics: Supreme Court of the United States,  ACORN,  Sarah Palin,  New York Times Company

Puffery Plaintiffs

This is the new model of competition — get the government intervene when your business model can’t compete on the merits. You know, I often make towers out of dog food, and in my experience each brand can lend itself to its own unique stacking ...

From JONATHAN H. ADLER, The Volokh Conspiracy,  22 Nov 2009
Related Topics: Louis Armstrong

WaPo on Climate E-mails (and More)

I have a coworker who insists that AGW is the consensus of all respectable scholars — he knows this because skeptics have not been able to place articles in peer-reviewed journals. I think I will not ask him what he thinks about this. Laura, It was ...

From JONATHAN H. ADLER, The Volokh Conspiracy,  22 Nov 2009
Related Topics: Richard Lindzen

Yoo v. Goldsmith on the KSM Trial

I don’t understand how the Andrew McCarthys will argue in good faith against the team of Comey and Goldsmith, but I have little doubt they will argue in some faith or other. he’s an illegal combatant.... summary court martial, followed by immediate ...

From JONATHAN H. ADLER, The Volokh Conspiracy,  22 Nov 2009
Related Topics: George W. Bush,  Barack Obama,  U.S. Congress,  Al-Qaeda,  Dick Cheney

Sunday Song Lyric

I dont read the blog for a few days and the writers are now worshiping Glen Beck. Sigh. I hope this is ignorance and not stupidity. [RESPONSE:“worshipping Glenn Beck”?!? Where, precisely, is the Beck worship? I’ve often used references to music by ...

From JONATHAN H. ADLER, The Volokh Conspiracy,  22 Nov 2009
Related Topics: Glenn Beck,  U.S. Democratic Party

NYT on Hacked Climate E-Mails

‘hide the data’ and ‘erase the emails’- what kind of ‘science’ does this ? BOGUS ‘science’, is what. found this link, appears to be 60 megs of it available JHA– The Bishop Hill summary is great. veteran– There is a searchable archive here here. It’s ...

From JONATHAN H. ADLER, The Volokh Conspiracy,  21 Nov 2009
Related Topics: Al Gore,  Environmental Protection Agency,  The Pentagon,  NASA,  Enron Corporation

Climate Scientists, Unfiltered

I do not have sufficient expertise in the area to comment on the substance of the disclosures, but one might ask those who seek “smoking guns” to disclose their own private correspondence before commenting, in order to equalize the playing field. ...

From JONATHAN H. ADLER, The Volokh Conspiracy,  20 Nov 2009
Related Topics: Environmental Protection Agency,  Glenn Beck,  Twitter Inc,  Columbia University,  Ward Churchill

Could an Individual Mandate Violate Article I, Section 9?

Most discussions about the constitutionality of an individual mandate in health care reform proposals have focused on whether such a mandate could be justified under the federal government’s enumerated powers in Article I, section 8. (See, e.g., these ...

From JONATHAN H. ADLER, The Volokh Conspiracy,  19 Nov 2009

Ricci’s Not Over

The prioritizing of disparate impact liability (DIL) and disparate treatment liability (DTL) under Title VII is the central question of Ricci, and the Supreme Court utterly failed to set its priorities. In order to understand the need for prioritizing ...

From JONATHAN H. ADLER, The Volokh Conspiracy,  17 Nov 2009

“It Is a Bad Idea . . . to Leave the Judge with a Smoldering Suspicion . . .”

On Friday, in Johnson v. Sherry, a divided panel of the U.S. Court of Appeals for the Sixth Circuit vacated the district court’s denial of William Johnson’s petition for a writ of habeas corpus and remanded the case for additional proceedings to ...

From JONATHAN H. ADLER, The Volokh Conspiracy,  16 Nov 2009
Related Topics: William Johnson

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