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Center for Policy Studies
Public Affairs Discussion Group

THE SUPREME COURT: LOOKING BACK & LOOKING AHEAD

Jonathan Adler, J.D. - Johan Verheij Memorial Professor of Law and Director of the Center for Business Law and Regulation at Case Western Reserve University School of Law

Jonathan Entin, J.D. - Associate Dean for Academic Affairs; David L. Brennan Professor of Law and Political Science at Case Western Reserve University School of Law

Kenneth F. Ledford, Ph.D., J.D. - Associate Professor of History and Law at Case Western Reserve University
Friday August 29, 2014
12:30-1:30 p.m.
Dampeer Room
Kelvin Smith Library
Case Western Reserve University


Dear Colleagues:

The Supreme Court’s new term begins on the First Monday in October. So each year the Center for Policy Studies invites some of our distinguished Law faculty to look back and forward. What might we conclude about this Court's principles and coalitions from decisions such as in Burwell v. Hobby Lobby, Utility Air Regulatory Group v. EPA, and McCutcheon v. Federal Election Commission? What major issues are on the docket, how might they be decided, and why?

Jonathan Adler is Professor of Law, directs the CWRU Center for Business Law and Regulation, and has worked extensively on one case, Halbig v. Burwell, that might come before the Court. Jonathan Entin is Associate Dean and Professor of Law and Political Science. Ken Ledford is Associate Professor of History and Law. Their wide range of views and expertise ensures that the presentation every year is filled with both information and insight.

All best regards,
Joe White
Luxenberg Family Professor of Public Policy and Director, Center for Policy Studies


About Our Guests

Jonathan Adler 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. Among his recent works is A Conspiracy Against Obamacare: The Volokh Conspiracy and the Health Care Case, with Randy E. Barnett, David E. Bernstein, and Orin S. Kerr (Palgrave MacMillan, 2013).

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 "Getting What You Pay For: Judicial Compensation and Judicial Independence," Utah Law Review (2011) and "Responding to Political Corruption: Some Institutional Considerations," Loyola University Chicago Law Journal (2011).

Kenneth Ledford is a social historian of modern Germany, from 1789 to the present. His research interests focus primarily upon processes of class formation, particularly the emergence and decline of the profound influence of the educated, liberal middle-class of education, the Bildungsbürgertum. The salient ideology of this social group was classical liberalism, whose vocabulary both shaped and was shaped by the primary social institution of the Bürgertum, law and the legal order. Professor Ledford has written about German lawyers in private practice, and his present work is on a book about the Prussian judiciary between 1848 and 1918; in all of his research, a clearer analysis of the complex interplay among state, civil society, and the ideology of the state ruled by law (Rechtsstaat) remains the goal. Professor Ledford's teaching interests extend beyond German history since 1789 to include the history of the European middle classes, the history of the professions, European legal history, other processes of class formation including German and European labor history, as well as the history of European international relations and diplomatic history.


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:

September 5: How World Literature Circulates. With William Marling, Professor of English.

September 12: An Update on Ukraine and Russia. With Andrew Barnes, Associate Professor and Chair, Department of Political Science, Kent State University, and Kelly M. McMann, Associate Professor of Political Science and Director of the International Studies Program, CWRU.

September 19: The Use and Misuse of "Big Data" for Health Care. With Sharona Hoffman, Edgar A. Hahn Professor of Law and Professor of Bioethics; Co-Director, Law-Medicine Center.

September 26: The Future of CLE Air Service. With Todd F. Payne, Chief of Marketing and Air Service Development, Cleveland Airport System. ***Alternative Venue: LL06 B & C at Kelvin Smith Library***

October 3: Encouraging Savings by the Poor in Developing Countries. With Silvia Prina, Associate Professor of Economics. ***Alternative Venue: Mather House Room 100***

October 10: The Effects of High-Stakes Testing on Students and Schools. With Dale Whittington Ph.D., Director of Research and Evaluation, Shaker Heights City School District.

October 17: "Obamacare" and The Free Clinic. With Danny Williams J.D., MNO, Executive Director, The Free Clinic of Greater Cleveland. ***Alternative Venue: Mather House Room 100***

October 24: An Update on the Search for an AIDS Vaccine. With Michael M. Lederman, Scott R. Inkley Professor of Medicine and Co-Director, CWRU/UHC Center for AIDS Research.

October 31: The Midterm Election. With Karen Beckwith, Flora Stone Mather Professor of Political Science, Justin Buchler, Associate Professor of Political Science; and Andrew Lucker, Adjunct Assistant Professor of Political Science. ***Alternative Venue: LL06 B & C at Kelvin Smith Library***

November 7: ROTC Returns to Campus. With Lt. Colonel Donald Hazelwood, Northeast Ohio ROTC Commander and Professor of Military Science, John Carroll University. ***Alternative Venue: Mather House Room 100***

November 14: Perspectives on Human Subjects Research Requirements. With Suzanne Rivera Ph.D., M.S.W., Associate Vice President for Research and Assistant Professor of Bioethics. ***Alternative Venue: LL06 B & C at Kelvin Smith Library***

November 21: Local Government in an Age of Austerity. With David B. Miller, Associate Professor in the Jack, Joseph and Morton Mandel School of Applied Social Sciences and Council President, City of South Euclid.

November 28: Thanksgiving Break

December 5: Godless Democrats and Pious Republicans: Party Activists and the Mythical God Gulf. With Ryan Claassen, Associate Professor of Political Science, Kent State University.
August 25, 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

Building Nuclear Bombs in Your Basement: The Technology of Nuclear Proliferation

Scott Kemp Ph.D., Director, MIT Laboratory for Nuclear Security and Policy, Thursday September 4, 2014, 4:30 p.m., Room 301, Rockefeller Building, Case Western Reserve University, 2076 Adelbert Road, Cleveland, OH 44106. Sponsored by the Physics Department.

Technology has been long understood to play a central role in limiting the proliferation of nuclear weapons. Over the last thirty years, however, systematic improvements in information, design, modeling, and manufacturing tools have eased that challenge. Could developing countries, or even small engineering firms, soon make nuclear weapons on their own?

If the conditions for the clandestine and indigenous production of weapons has now emerged, then nonproliferation institutions that aim to prevent the spread of weapons by controlling technology are already out of date. Although it would represent a near-foundational shift for policy, the technology landscape may now require politicians to focus on the motivations behind nuclear proliferation rather than merely work to restrict access to technology.


EBOLA: International Risks and International Response

A discussion with Ronald E. Blanton M.D. M.Sc., Professor of International Health and Epidemiology and Biostatistics; James W. Kazura M.D., Professor of International Health, Medicine and Pathology and Director, Center for Global Health and Diseases; and Christopher L. King M.D., Ph.D. Professor of International Health, Medicine and Pathology. Wednesday, September 10, 5:30-6:45 p.m., Wolstein Research Building Auditorium, 2103 Cornell Road, Cleveland, OH, 44106. Co-sponsored by the Center for Global Health and Diseases and the Center for Policy Studies. Free and open to the public.

On August 20, the Director-General of the World Health Organization wrote in the New England Journal of Medicine that the Ebola "outbreak, in all of its unprecedented dimensions, is an emergency of international concern" and that it "far outstrips [affected nations'] capacity to respond." In order to help our community understand this fast-developing crisis, three distinguished scholars from the CWRU School of Medicine's Center for Global Health & Diseases have agreed to give an update on September 10.


Executive Power and the Constitution

With James P. Pfiffner, University Professor of Public Policy, George Mason University. September 17, 4:00-5:30, Moot Court Room (A59), Case Western Reserve University School of Law, 11075 East Boulevard, Cleveland, OH 44106-7148.

Constitution Day program organized by students of the Department of Political Science with assistance from the University Office of Government and Community Relations, School of Law, and Center for Policy Studies. Professor Pfiffner, author of The Modern Presidency and many other studies of the office, will speak; Jonathan L. Entin, Professor and Associate Dean, CWRU School of Law, will comment; and a panel of students will question the speakers.


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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.

Visit the Public Affairs Discussion Group Web Site.

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