| The Conspiracy Against Obamacare: How Academic Bloggers Influenced the Legal Battle Over the Individual Mandate |
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Jonathan H. Adler, J.D. - Johan Verheij Memorial Professor of Law and Director of the Center for Business Law and Regulation at the Case Western Reserve University School of Law |
Friday January 31, 2014
12:30-1:30 p.m.
Dampeer Room
Kelvin Smith Library
Case Western Reserve University
Dear Colleagues:
As the Affordable Care Act was debated, its advocates were sure that the “individual mandate” fit the federal government’s power to regulate commerce.
But a series of counter-arguments were developed by conservative legal academics on the Volokh Conspiracy blog, and they won support from a majority of the Court. The mandate was only upheld because Chief Justice Roberts decided it was a tax.
Professor Adler is a central member of this group. He developed other arguments that remain unsettled and endanger implementation of what’s left of the law. He and his “co-conspirators” have now published a book about what they did and why it mattered.
All best regards,
Joe White
Luxenberg Family Professor of Public Policy and Director, Center for Policy Studies
About Our Guest
Jonathan Adler is the author or editor of four books on environmental policy and over a dozen book chapters. His articles have appeared in publications ranging from the Harvard Environmental Law Review and Supreme Court Economic Review to The Wall Street Journal and The Washington Post. Professor Adler is a Senior Fellow at the Property & Environment Research Center in Bozeman, Montana, a contributing editor to National Review Online and a regular contributor to the popular legal blog, “The Volokh Conspiracy” (http://volokh.com). A 2007 study identified Professor Adler as the most cited legal academic in environmental law under age 40, and his recent article, “Money or Nothing: The Adverse Environmental Consequences of Uncompensated Land Use Controls,” published in the Boston College Law Review, was selected as one of the ten best articles in land use and environmental law in 2008.
Where We Meet
The Friday Public Affairs Lunch convenes each Friday when classes are in session, from 12:30 p.m. to 1:30 p.m. We usually meet in the Dampeer Room of Kelvin Smith Library. The Dampeer Room is on the second floor of the library. If you get off the elevators, turn right, pass the first bank of tables, and turn right again. Occasionally we need to use a different room; that will always be announced in the weekly e-mails.
Parking Possibilities
The most convenient parking is the lot underneath Severance Hall. We regret that it is not free. From that lot there is an elevator up to street level (labeled as for the Thwing Center); it is less than 50 yards from that exit to the library entrance.
You can get from the Severance garage to the library without going outside. Near the entry gates - just to the right if you were driving out - there is a door into a corridor. Walk down the corridor and there will be another door. Beyond that door you'll find the entrance to an elevator which goes up to an entrance right inside the doors to Kelvin Smith Library.
Friday Lunch Upcoming Topics and Speakers:
February 7: America’s Future in Space. With Michael L. Heil, Ph.D., President and CEO, Ohio Aerospace Institute.
February 14: The Wizard Behind the Curtain: ALEC and State Legislatures in 2014. With Amy Hanauer, Executive Director, Policy Matters Ohio.
February 21: The Profession of Accounting: Where It Came From, Where It Has Been, and Where It's Going. With Gary Previts, Distinguished University Professor and E. Mandel de Windt Professor of Leadership and Enterprise Development.
February 28: TBA
March 7: Shared Success: Law Enforcement, Faith-Based Organizations, and the Fugitive Safe Surrender Program. With Daniel Flannery Ph.D., Semi J. and Ruth W. Begun Professor and Director, Begun Center for Violence Prevention Research and Education.
March 14: Spring Break
March 21: What the Jewish Experience Tells Us About Religion in America Today. With Peter J. Haas, Abba Hillel Silver Professor of Jewish Studies and Chair, Department of Religious Studies.
March 28: Muslims in the United States. With Justine Howe, Assistant Professor of Religious Studies.
April 4: The “Problem” of Teen Mothers. With Mary Erdmans, Associate Professor of Sociology.
April 11: Is the Federal Government's Committee on Foreign Investment in the United States Anti-Asian? With Timothy Webster, Assistant Professor of Law and Director, East Asian Legal Studies. ***Alternate Site: Mather House Room 100.***
April 18: Is Cleveland Dying? With John A. Begala, Executive Director, Center for Community Solutions.
April 25: Pope Francis: So Far. With Paul V. Murphy, Professor of History and Director, Institute of Catholic Studies, John Carroll University
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January 27, 2014
If you would like to reply, submit items for inclusion, or not receive this weekly e-mail please send a notice to: padg@case.edu
Upcoming Events
An Introduction to the Foreign Intelligence Surveillance Act and Court
James G. Carr, a senior federal judge for the Northern District of Ohio, and former Foreign Intelligence Surveillance Court judge from 2002 to 2008, Monday, February 24, 2014, 4:30-5:30 p.m., Moot Courtroom (A59), 11075 East Boulevard, Cleveland, OH 44106-7148. Free and open to the public. Sponsored by the CWRU School of Law.
Judge Carr will discuss national security surveillance and his proposal to reform the FISA Court by authorizing judges to appoint lawyers to represent the public interest when new legal issues arise in connection with government surveillance applications.
Judge James Carr
Senior United States District Judge in the United States District Court
Assistant Professor of Law, University of Toledo College of Law
, and former member, United States Foreign Intelligence Surveillance Court
From December 22, 2004, until May 31, 2010, when he assumed Senior status, Judge James Carr was Chief Judge of United States District Court for the Northern District of Ohio. In addition, from May, 2002, until May, 2008, Judge Carr served, by appointment of Chief Justice William Rehnquist, as a member of the United States Foreign Intelligence Surveillance Court in Washington, D.C.
Can Globalization Be Governed?
A Global Currents Lecture with Tony Porter, Ph.D., Professor of Political Science and Associate Dean for Graduate Studies and Research, Faculty of Social Sciences, McMaster University, Thursday, February 27, 4:30 - 6:00 p.m., Room 309, Clark Hall, 11130 Bellflower Road, Cleveland, OH 44106.
To advocates like Tom Friedman, "Globalization" is a wonderful and natural process to which people need to adjust. To some critics, it is a dangerous pattern that needs to be resisted through public authority. And to others it is a process that is not natural at all, but encouraged by public policy that serves some interests at the expense of others.
If globalization were governed, how would that work, and in whose interest? Are there, in fact, efforts to govern aspects of globalization, such as international finance or global environmental threats, now? If so, how do or can they work, in the absence of world government? Tony Porter is one of the world's leading scholars of business regulation and global governance, especially financial regulation and processes of hybrid public/private rule-making that cross international borders. Some of his recent research has studied creation of transnational rules produced by business associations and international standard-setting bodies; the Financial Stability Board created to coordinate central banks and national financial regulators in the wake of the financial crisis; and influences on international elites from processes such as OECD peer reviews of “best practices” in national governance. Professor Porter’s newest edited volume, Transnational Financial Regulation after the Crisis (Routledge), includes a chapter by our own Professor Lavelle and will be released shortly before his visit to CWRU.
This program is made possible by the generosity of Ms. Eloise Briskin.
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About the Friday Lunch Newsletter
If you would like to reply, submit items for inclusion, or not receive this weekly e-mail please send a notice to: padg@case.edu.
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