Jonathan H. Adler
Jonathan H. Adler
Johan Verheij Memorial Professor of Law; Director, Center for Business Law and Regulation
Areas of Expertise: Constitutional Law, Election Law, Environmental Law, Federalism, Regulatory Law, and Supreme Court Judicial Nominations
Articles
Adler on our Scholarly Commons
Book Chapters
The Problems with Precaution: A Principle without Principle, in Crop Chemophobia: Will Precaution Kill the Green Revolution? 33 (Jon Entine ed., 2011).
Clean Fuels, Dirty Air, in Environmental Politics : Public Costs, Private Rewards 19 (Michael S. Greve & Fred L. Smith eds., 1992).
Environmental Politics by Call Number: OhioLinkISBN: 9780275942380Publication Date: 1992The essays in this volume challenge the widespread belief that the government's environmental policies, unlike those in other areas, are drafted and implemented to the public good and genuinely seek to effect a cleaner environment.
Environment, in The Encyclopedia of Libertarianism 150 (Ronald Hamowy ed., 2008).
The Encyclopedia of Libertarianism by Call Number: JC585 .E53 2008ISBN: 9781412965804Publication Date: 2008As a continuation of the older tradition of classical liberalism, libertarian thinking draws on a rich body of thought and scholarship. Contemporary libertarian scholars are continuing that tradition by making substantial contributions to such fields as philosophy, jurisprudence, economics, evolutionary psychology, political theory, and history, in both academia and politics. With more than 300 A-to-Z signed entries written by top scholars, The Encyclopedia of Libertarianism is purposed to be a useful compilation of and introduction to libertarian scholarship. The Encyclopedia starts with an introductory essay offering an extensive historical and thematic overview of key thinkers, events, and publications in the development of libertarian thought. The Reader's Guide groups content for researchers and students alike, allowing them to study libertarianism topically, biographically, and by public policy issues.Key FeaturesEntries conclude with bibliographies and references for further reading and cross-references to related entries.Each entry provides an introduction to a topic or policy question relevant to libertarianism or a biography of a person who has had an impact on libertarianism.Editors take special care to ensure entries clearly explain libertarian approaches to issues, do not take sides on disputed matters or engage in polemics, and represent the views of all sides fairly and accurately.
The Precautionary Principle’s Challenge to Progress, in Global Warming & Other Eco-Myths: How the Environmental Movement Uses False Science to Scare Us to Death 264 (Ronald Bailey ed., 2002).
Global Warming and Other Eco Myths by Call Number: OhioLinkISBN: 0761536604Publication Date: 2002Bailey (a writer and adjunct scholar at CEI, the Competitive Enterprise Institute) gathers these dozen articles to discredit what he calls false science and an ideological environmentalism that wants to claim the mantle of objective science.... Bailey's contributor assertions include: global
Judicial Minimalism, the Mandate, and Mr. Roberts, in The Health Care Case: The Supreme Court’s Decisions and its Implications 171 (Nathaniel Persily, Gillian E. Metzger & Trevor W. Morrison eds., 2013).
The Health Care Case: The Supreme Court’s Decisions and its Implications by
Call Number: OhioLinkPublication Date: 2013
Perverse Incentives and the Endangered Species Act, in Issues of the Day: 100 Commentaries on Climate, Energy, the Environment, Transportation, and Public Health Policy 128 (Ian W.H. Parry & Felicia Day eds., 2010).
Issues of the Day by Call Number: GE170 .I77 2010ISBN: 9781933115870Publication Date: 2010Issues of the Day provides an easy way for students, academics, journalists, policymakers, and the public to learn about a diverse range of policy issues affecting the environment, energy, transportation, and public health. Each commentary gives a short assessment of a topic, summarizing in a non-technical way the current state of analysis or evidence on the issue, along with selected recommendations for further reading. The essays are written by world renowned scholars, mostly economists, and provide useful insights on policy problems that are often complex and poorly understood. Some of the topics covered include air pollution, hazardous waste, voluntary environmental programs, domestic (U.S.) and global climate policy design, fishery management, water quality, endangered species, forest fires, oil security, solar power, road and airport, fuel taxes and fuel economy standards, alternative fuel vehicles, health and longevity, smoking, malaria, tuberculosis, and the environment and development. The objective is to disseminate the findings of sound, objective research on the costs, benefits, and appropriate reform of public policies. The book provides a useful supplement for undergraduate- and graduate-level course reading, a reference guide for professionals, and a way for the general reader to quickly develop an informed perspective on the most important policy problems of the day. Issues of the Day is available to download as a PDF from the Resources for the Future website: www.rff.org/weeklycommentary
Letting Fifty Flowers Bloom: Using Federalism to Spur Environmental Innovation, in The Jurisdynamics of Environmental Protection: Change and the Pragmatic Voice in Environmental Law 263 (Jim Chen ed., 2004).
The Jurisdynamics of Environmental Protection by Call Number: KF3775.J87 2003ISBN: 1585760714Publication Date: 2003Jurisdynamics: the interplay between legal responses to exogenous change and the law's own endogenous capacity for adaptation.
Labeling the Little Things, in The Nanotechnology Challenge : creating legal institutions for uncertain risks 203 (David A. Dana ed., 2012).
The Nanotechnology Challenge : creating legal institutions for uncertain risks by
Call Number: K3924.H54 N36 2012Publication Date: 2012"This book is about nanotechnology, very tiny substances that are manipulated to act in all sorts of extraordinary ways, and that many think have or are about to usher in the next industrial revolution. The focus of the book is how society can continue to reap economic and other benefits from nanotechnology, while addressing the possible risk to human and the environment from nanotechnology. Leading scholars offer a range of solutions to the challenge of regulating nanotechnology in a way that allows for continued fast innovation worldwide while making certain we limit or avoid the possible harms from nanotechnology"-- Provided by publisher
The Adverse Environmental Consequences of Uncompensated Land-Use Controls, in Property Rights: Eminent Domain and Regulatory Takings Re-Examined 187 (Bruce Benson ed., 2010).
Property Rights by Call Number: KF5599 .P76 2010ISBN: 9780230102477Publication Date: 2010In an effort to understand the reasons for and consequences of the political backlash to the U.S. Supreme Court decision, Kelo v. New London, this book brings together a diverse group of scholars and practitioners who explore the uses and abuses of eminent domain and regulatory takings.
Once More, With Feeling: Reaffirming the Limits of Clean Water Act Jurisdiction, in The Supreme Court and The Clean Water Act: Five Essays on Raponos v. United States 81 (Kinvin Wroth ed., 2007).
- The Supreme Court and The Clean Water Act: Five Essays on Raponos v. United States byCall Number: KF5624 .S86 2007Publication Date: 2007
Do Conservation Conventions Conserve?, in Sustainable Development: Promoting Progress or Perpetuating Poverty? 173 (Julian Morris ed., 2002).
Sustainable Development by Call Number: HD75.6.S875 2002ISBN: 1861974582Publication Date: 2002Most discussion of sustainable development has paid more attention to the long-term needs of the environment than to the needs of the present. But, as this book argues, the needs of people who are alive today must not take second place. And although the policies that are put forward in the name of 'sustainable development' are intended to benefit everyone, especially the poor, in reality many of them would harm rich and poor alike.Seventeen expert contributors examine every aspect of sustainable development, including the changes in humanity's well-being over the last two centuries, the prospects for specific current global policies, the predicament of poorer regions that have failed to develop sustainably, and the problems of climate change, energy policy and management of natural resources. Their analysis shows that the key to more sustainable development is not to impose global environmental regulations, but to ensure that people have a real stake in the global economy. Formal ownership of property and removal of the red tape that holds back entrepreneurial activity: these steps will give people the incentives they need to protect, conserve and innovate, and in so doing to build sustainable societies. In this way sustainable development can truly promote progress - not perpetuate poverty.
Benchmarks: The Ecological and Economic Trends That Are Shaping the Natural Environment and Human Societies, in The True State of the Planet 393 (Ronald Bailey ed., 1995) (with Peter Cazamia and David Monack).
The True State of the Planet by Call Number: OhioLinkISBN: 0028740106Publication Date: 1995In the 25 years since the first Earth Day in 1970, the environmental movement has spawned a new generation of scientists asking vital questions about the true state and fate of the planet. But, surprisingly, some of their answers -- and even the questions themselves -- contradict the movement's deepest beliefs. Why are reserves of oil, precious metals, and other natural resources more plentiful than ever before? Why has the population growth of the twentieth century brought rising standards of living for nearly all? In The True State of the Planet ten premier scholars shatter the myths of overpopulation, food, global warming, and pesticides, while redirecting environmentalists' concerns to the far more urgent problems of fisheries, fresh water, and third-world pollution -- and the political causes behind them.
Books
Business and the Roberts Court by Call Number: KF889 .B835 2016ISBN: 9780199859344Publication Date: 2016In recent years, the Supreme Court appears to have taken a greater interest in "business" issues. Does this reflect a change in the Court's orientation, or is it the natural outcome of the appellate process? Is the Court "pro-business"? If so, in what ways do the Court's decisions supportbusiness interests and what does that mean for the law and the American public? Business and the Roberts Court provides the first critical analysis of the Court's business-related jurisprudence. In this volume, prominent academics examine the Roberts Court's handling of business-related cases,through a series of empirical and doctrinal analyses. Issues covered include securities law, antitrust, labor law, preemption, and environmental law, among others. Business law and regulatory cases touch on many important legal doctrines and can have far-reaching effects. Understanding the bases upon which the Supreme Court decides business-related cases is of tremendous importance to practitioners and academics. It can also further greater understanding ofone of the nation's most important government institutions. These issues are of interest to academics, but also of practical importance to Supreme Court and business practitioners.
Climate Liberalism by Call Number: QC903 .C5665 2023 & eBookISBN: 9783031211072Publication Date: 2023-02-01Climate Liberalism examines the potential and limitations of classical-liberal approaches to pollution control and climate change. Some successful environmental strategies, such as the use of catch-shares for fisheries, instream water rights, and tradable emission permits, draw heavily upon the classical liberal intellectual tradition and its emphasis on property rights and competitive markets. This intellectual tradition has been less helpful, to date, in the development or design of climate change policies. Climate Liberalism aims to help fill the gap in the academic literature examining the extent to which classical-liberal principles, including an emphasis on property rights, decentralized authority and dynamic markets, can inform the debate over climate-change policies. The contributors in this book approach the topic from a range of perspectives and represent multiple academic disciplines. Chapters consider the role of property rights and common-law legal systems in controlling pollution, the extent to which competitive markets backed by legal rules encourage risk minimization and adaptation, and how to identify the sorts of policy interventions that may help address climate change in ways that are consistent with liberal values.
A Conspiracy Against Obamacare by Call Number: KF3605 .B37 2013ISBN: 9781137360731Publication Date: 2013The Affordable Care Act debate was one of the most important and most public examinations of the Constitution in our history. At the forefront of that debate were the bloggers of the Volokh Conspiracy who, from before the law was even passed, engaged in a spirited, erudite, and accessible discussion of the legal issues involved in the case.- The Costs of Kyoto: Climate Change Policy and its Implications byCall Number: OCLC 38245484Publication Date: 1998
- Environmentalism at the Crossroads: Green Activism in America byCall Number: OhioLINKPublication Date: 1995
Marijuana Federalism by Call Number: HV5825.M354 2020ISBN: 0815737890Publication Date: 2020On marijuana, there is no mutual federal-state policy; will this cause federalism to go up in smoke? More than one-half the 50 states have legalized the use of marijuana at least for medical purposes, and about a dozen of those states have gone further, legalizing it for recreational use. Either step would have been almost inconceivable just a couple decades ago. But marijuana remains an illegal "controlled substance" under a 1970 federal law, so those who sell or grow it could still face federal prosecution. How can state and federal laws be in such conflict? And could federal law put the new state laws in jeopardy at some point? This book, an edited volume with contributions by highly regarded legal scholars and policy analysts, is the first detailed examination of these and other questions surrounding a highly unusual conflict between state and federal policies and laws. Marijuana Federalism surveys the constitutional issues that come into play with this conflict, as well as the policy questions related to law enforcement at the federal versus state levels. It also describes specific areas--such as banking regulations--in which federal law has particularly far-reaching effects. Readers will gain a greater understanding of federalism in general, including how the division of authority between the federal and state governments operates in the context of policy and legal disputes between the two levels. This book also will help inform debates as other states consider whether to jump on the bandwagon of marijuana legalization.
Rebuilding the Ark by Call Number: KF5640.A75 R43 2011ISBN: 9780844743912Publication Date: 2011The Endangered Species Act (ESA) may be the most powerful environmental law in the United States. Enacted in 1973, the ESA prohibits any actions that may cause harm to endangered plants and animals or the ecosystems upon which they depend. But although more than 1,200 species are protected under the Act, most remain in peril. The ESA may have saved some species from the brink of extinction, but there is little evidence it is working as intended to recover endangered and threatened species. In some cases, the Act's extensive regulatory requirements may actually discourage conservation efforts.In Rebuilding the Ark: New Perspectives on Endangered Species Act Reform, Jonathan H. Adler leads a group of environmental law experts in evaluating the ESA's successes and failures and exploring multiple avenues for reform. The authors examine methods for incentivizing conservation on private land and water, for revising and standardizing the ESA's regulatory framework, and for increasing transparency, accountability, and public participation in the Fish and Wildlife Service and other conservation agencies. Rebuilding the Ark also considers how the Act should be reformed to address the threat of climate change, and how ESA reform in the United States may affect species conservation overseas.The Endangered Species Act has not been altered for over twenty-five years. Debates over ESA reform are often contentious and hampered by partisan infighting and pressure from interest groups. But reform is crucial if we are to achieve the ESA's ambitious goals and conserve the world's endangered plants and animals. Rebuilding the Ark is a valuable resource for policymakers, conservationists, business owners, and concerned citizens alike.
