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What is the U.S. Supreme Court Doing, What Might It Do Next?

Jonathan Entin, J.D. - Professor of Law and Political Science

Jonathan Alder, J.D. - Professor of Law and Director of the Center for Business Law and Regulation

Friday September 28, 2007
12:30-1:30 p.m.
Crawford Hall - Room 9
Inamori Center
Case Western Reserve University

Sunday's New York Times Magazine reported that, "The last Supreme Court Term, which ended in June, was the stormiest in recent memory, with more 5-4 decisions split along ideological lines than at any time in the court's history." But is that how it looks to the experts, and what does the past year's performance bode for the future?

At our discussion on Friday, September 28, we'll hear evaluations by two distinguished CWRU Professors of Law who tend to have quite different views: Jon Entin and Jon Adler. Professor Adler clerked for Judge David B. Sentelle on the U.S. Court of Appeals after earning his J.D. from George Mason University; teaches environmental, regulatory, and constitutional law; and is a contributing editor to National Review Online. After earning his J.D. from Northwestern, Professor Entin clerked for Justice Ruth Bader Ginsburg when she served on the U.S. Court of Appeals, is former co- editor of the Journal of Legal Education, and has taught Constitutional Law, Administrative Law, and a Supreme Court Seminar.

The remainder of this e-mail reports what we know about the schedule for the rest of the semester. We will be sending out announcements each week. If you would prefer not to receive the announcements, please inform Dr. Andrew Lucker, Associate Director of the Center for Policy Studies, by e-mail (

About Our Guest

Jonathan Entin has taught Constitutional Law, Administrative Law, Courts, Public Policy, and Social Change, and a Supreme Court Seminar. Before joining the faculty in 1984, he clerked for Justice Ruth Bader Ginsburg (when she was on the U.S. court of Appeals) and practiced in Washington with Steptoe & Johnson. The recipient of several teaching awards and a former co-editor of the Journal of Legal Education, he is at work on a book about equal protection. Among his recent publications are "An Ohio Dilemma: Race, Equal Protection, and the Unfulfilled Promise of a State Bill of Rights," Cleveland State Law Review (2004), and "Judicial Selection and Political Culture," Capital University Law Review (2002).

Jonathan H. Adler is Professor of Law and Director of the Center for Business Law & Regulation at the Case Western Reserve University School of Law, where he teaches courses in envi­ron­mental, regulatory, and constitutional law. Professor Adler is the author or editor of three books on environmental policy, including Envi­ron­men­talism at the Crossroads (1995), and several book chapters. A prolific writer, his articles have appeared in numerous publications, ranging from the Harvard Environmental Law Review and Supreme Court Economic Review to The Wall Street Journal and Washington Post. His television and radio appearances span an even broader spectrum, from the PBS "Newshour with Jim Lehrer" and NPR's "Talk of the Nation" to the Fox News Channel's "O'Reilly Factor" and Entertainment Tonight. Professor Adler is a contributing editor to National Review Online, where he covers environmental and legal topics, and is a regular contributor to the popular legal blog, "The Volokh Conspiracy". In 2004, Professor Adler was awarded the Paul M. Bator Award, given annually by the Federalist Society for Law and Policy Studies to an academic under 40 for excellence in teaching, scholarship, and commitment to students. Prior to joining the faculty at Case Western, Professor Adler clerked for the Honorable David B. Sentelle on the U.S. Court of Appeals for the District of Columbia Circuit. From 1991 to 2000, Professor Adler worked at the Compe­ti­tive Enterprise Institute, a free market research and advocacy group in Washington, D.C., where he directed CEI's envi­ron­mental studies program. He holds a B.A. magna cum laude from Yale University and a J.D. summa cum laude from the George Mason University School of Law.

Friday Lunch and Other Public Affairs Upcoming Topics and Speakers:

Oct 5: Women in Corporate Leadership. Diana Bilimoria, Associate Professor of Organizational Behavior.

Oct 12: Clean, Lean and Green? The Great Lakes Institute for Energy Research at Case Western Reserve University. J. Iwan D. Alexander, Professor of Mechanical and Aerospace Engineering and Director, National Center for Space Exploration and Research; and Norman Tien, Dean, Case School of Engineering.

Oct 19: The Peanut Allergy Puzzles. Dr. Alton Melton, Section Head, Pediatric Allergy and Immunology, Cleveland Clinic Children’s Hospital.

Other Friday Lunch topics and speakers TBA.

Also coming to campus:

October 25, 4:30 – 6:00 p.m., Ford Auditorium. Theda Skocpol, Victor S. Thomas Professor of Government and Sociology, Harvard University (and Dean of Graduate Studies 2005-2007). A former President of both the American Political Science Association and of the Social Science History Association, among many other contributions, Dr. Skocpol is one of the most distinguished political scientists in the country.

November 12, 4:15 – 5:45 p.m., Ford Auditorium. Thomas Patterson, Bradlee Professor of Government and the Press, John F. Kennedy School of Government, Harvard University, will speak on “The Invisible Primary: Money, Media and Polls in the 2008 Presidential Race.”

For more information about these and other Center for Policy Studies programs, please see

September 24, 2007

A weekly newsletter published by the Center for Policy Studies, Case Western Reserve University. If you would like to not receive this weekly e-mail or you would like to submit items for inclusion please send a notice to:

Upcoming Events


Stuart Altman is an economist whose primary research interests are federal and state health policy. He has an M.A. and Ph.D. degree in Economics from UCLA and has taught at Brown University and the Graduate School of Public Policy at University of California, Berkeley.

Dean Altman was Co-Chair for the Legislative Health Care Task Force for the Commonwealth of Massachusetts (2000-02). In 1997, President Clinton appointed him to the National Bipartisan Commission on the Future of Medicare. Dean Altman was Dean of The Florence Heller Graduate School (1977-1993) and interim President of Brandeis University from 1990-1991. For twelve years, he chaired the congressionally legislated Prospective Payment Assessment Commission responsible for advising Congress and the Administration on the functioning of the Medicare Diagnostic Related Group (DRG) Hospital Payment System and other system reforms.

Cleveland and Sprawl: A Global Perspective

Thursday September 27, 2007
4:30 p.m.;
Reception Preceeding Talk
Thwing Center Ballroom
1111 Euclid Avenue
Case Western Reserve University
Parking Available at the Cornell Road garage, Severance Hall garage, Rainbow Babies Hospital; Veale Center Parking garage

Sprawl – “low-density, scattered development with little overarching regional land-use planning” – is one of the most pressing questions facing both developed and developing countries. Come and here a leading expert on the question of sprawl and how it impacts Cleveland.

Robert Bruegmann is professor of art history, architecture and urban planning at the University of Illinois at Chicago. His research fields include modern and contemporary architecture, urbanism and planning, and landscape architecture. The Architects and the City: Holabird and Roche of Chicago,1880–1918 received the Spiro Kostof Book Award of the Society of Architectural Historians in 1998. His most recent book, Sprawl: A Compact History (University of Chicago Press, 2005), was extensively reviewed and has led to numerous public appearances. Bruegmann also co-founded The Chicago Imagebase Project, an interactive website about the built environment of the Chicago metropolitan area. He has been active in planning the Jane Addams Hull-House Museum and a proposed new public housing museum, as well as a community effort to use historic heritage as a redevelopment tool in the African-American neighborhood of North Lawndale on Chicago’sWest Side. His scholarship has been supported by leading foundations and institutes.

“Scheme Liability, Section 10(b), and Stoneridge Investment Partners v. Scientific Atlanta”

On October 9, the U.S. Supreme Court will hear Stoneridge Investment Partners v. Scientific-Atlanta, arguably the most important securities law case to reach the Court in a decade. In Stoneridge, the Court will consider whether primary liability under Section 10(b) extends to third-parties, such as auditors, attorneys, or vendors, who engage in allegedly fraudulent transactions with a public corporation. In Central Bank of Denver v. First Interstate Bank of Denver (1994), a divided Supreme Court rejected claims of secondary liability under Section 10(b). Stoneridge calls upon the court to revisit Central Bank and reconsider the limits on liability for third-parties in securities litigation. This case is of tremendous importance to all those with a corporate law or securities practice, as well as those who work with financial services or retirement and pension funds. Numerous trade associations and thirty states, including Ohio, have already participated in the case as amici, with more to follow.

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