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Center for Policy Studies

Public Affairs Discussion Group

Supreme Court Forecast (and Review)

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 31, 2012
12:30-1:30 p.m.
Dampeer Room
Kelvin Smith Library
Case Western Reserve University

Dear Colleagues:

Welcome back! This is the first announcement of Friday Public Affairs Discussion lunches for the 2012-13 Academic Year. We've prepared a tentative schedule for the Fall semester, and it is listed below. We'll begin with our traditional focus on the Supreme Court on the Friday before Labor Day.

We thank the Kelvin Smith Library for hosting us again, most weeks, in the Dampeer Room on its second floor. But there is some construction going on in the library that has taken some of their other space out of circulation, and for this and other reasons there will be times - more than last year - when we need to use an extra space. For example our second Friday lunch of the year, on September 7, will be in the Baker-Nord Center, Room 206 of Clark Hall. So please check this website or the weekly e-mail announcement to see both the topic and the location each week.

If you do not receive the e-mail and would like to do so, please send a request to Dr. Andrew Lucker, Associate Director of the Center for Policy Studies, by e- mail at If you do receive the e-mail and prefer not to, please also contact Dr. Lucker! If you have suggestions for topics and speakers for future discussions, please contact Professor Joe White, Director of the Center for Policy Studies, at

As usual, I (Joe White) am responsible for providing cookies and beverages; I'm the person to contact if you think there is too much chocolate or too little decaf. I'd like to thank the College of Arts and Sciences for its support but also to especially thank the group of participants who also contribute to keep the cookies coming. We couldn't do it without you.

This semester we will have a number of discussions related to the election. I do want to particularly call attention to October 26, when our former colleague Frances Lee will return to campus for a special event in memory of Alec Lamis, our late and lamented colleague who founded the Friday Lunch. Other topics will range from mad cow disease to the future of university libraries. Which I believe are not related.

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

About This Week's Discussion...

The Supreme Court’s new term begins on the First Monday in October. So each year the Center for Policy Studies invites a panel of our distinguished Law faculty to discuss what major issues are on the docket, how they might be decided, and why. This year there’s a bit to look back on as well… especially but not limited to a certain decision about a health care law…

Jonathan Adler is Professor of Law and Directs the CWRU Center for Business Law and Regulation. 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.

About Our Guests...

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” ( 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 Law 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.

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).

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 7:
Cleveland's Downtown Rebound? With Richey Piiparinen, M.A., M.U.P.D.D., Center on Urban Poverty and Community Development, MSASS *** Special Location: Baker-Nord Room, Clark Hall-Room 206***

September 14: High Cost-Sharing for Prescription Drugs: Patient Response, Physician Response, and Public Policy.
With Mariana Carrera, Assistant Professor of Economics

September 21: The Future of University Libraries.
With Arnold Hirshon, Associate Provost and University Librarian

September 28: The European Economy and EU Politics.
With Elliot Posner, Associate Professor of Political Science *** Special Location: Mather House 100***

October 5: Presidents and the Media.
With Jeffrey E. Cohen Ph.D., Professor and Chair, Department of Political Science, Fordham University

October 12: The Future of Primary Care.
With George Kikano MD, Chair, Department of Family Medicine.

October 19: Biblical Rhetoric in the 2012 Elections.
With Timothy K. Beal, Florence Harkness Professor of Religion.

October 26: Special Event in Memory of Alec Lamis – “Insecure Majorities: Congress and the Permanent Campaign.”
With Frances E. Lee, Professor of Government and Politics, University of Maryland ***Special Location: Wolstein Medical Research Building auditorium, first floor, 2103 Cornell Road. Lunch and Mama Jo’s pies provided.***

November 2: Political Science Department Pre-Election Forecasts.
With Justin Buchler, Associate Professor of Political Science, and colleagues.

November 9: What Just Happened? Open discussion about the election results,
with Joe White, Chair, Department of Political Science.

November 16: Learning from Mad Cows.
With Dr. Pierluigi Gambetti, Professor and Director, Division of Neuropathology and Director, National Prion Disease Pathology Surveillance Center.

November 23: No Session - Thanksgiving Break

November 30: The Medium is the Message: What Happens When Universities Digitize Course Evaluations.
With Timothy J. Fogarty, Professor of Accountancy.

December 7: The “Chicago Boys” Without Pinochet: Privatization and Protest in Chile.
With Diane Haughney, Ph.D.

August 27, 2012

If you would like to reply, submit items for inclusion, or not receive this weekly e-mail please send a notice to:

Upcoming Events

How the Courts Failed Germany

Ohio Supreme Court Chief Justice Maureen O'Connor will introduce the program, which features William Meinecke, Ph.D., Historian in the Education Division of the U.S. Holocaust Memorial Museum. September 6, 2012, 5-6:30 p.m., Jewish Federation of Cleveland, Mandel Bldg., 25701 Science Park Dr., Cleveland, Ohio 44122, Sponsored by the Supreme Court of Ohio - A Forum on the Law and co-sponsored by the Jewish Federation of Cleveland, Cleveland Metropolitan Bar Association, Cleveland-Marshall College of Law

William Meinecke, Ph.D., is an Historian in the Education Division of the U.S. Holocaust Memorial Museum. His Ph.D. dissertation was entitled: "Conflicting Loyalties: The Supreme Court in Weimar & Nazi Germany 1918-1945." Dr. Meinecke has done extensive work with law enforcement officers, judges, prosecutors and attorneys in the Law, Justice, and the Holocaust training program. He is the author of "Nazi Ideology & the Holocaust" (2007).

Presidential Power, Foreign Policy, and the 2012 Election

Harvard Law Professor Jack Goldsmith, former Assistant Attorney General for the Office of the Legal Counsel, Friday September 7, 2012, 8:30 a.m.-5 p.m., Moot Courtroom (A59), Case Western Reserve University School of Law, 11075 East Blvd, Cleveland, Ohio 44106

Harvard Law Professor Jack Goldsmith will deliver a featured lecture at the Frederick K. Cox International Law Center’s day long symposium. This timely symposium explores the contemporary debate over the foreign affairs powers of the President. Two dozen former high-level government officials and leading academics will discuss: Presidential Power in a War without End; The War Powers Resolution at 40; Rendition and Targeted Killings of Americans; The President’s Power to Manage International Economic Affairs; The President’s Power to Implement International Law after Medellin v. Texas; and Comparing the Approach of the Presidential Candidates.

Internet Piracy and the Constitution

2012 Constitution Day Program, A Discussion With, Mark Avsec, J.D., Partner, Benesch, Friedlander, Coplan & Aronoff LLP, and Adjunct Professor of Law at CWRU and Raymond Ku, J.D., Professor of Law and the Co-Director of Center for Law, Technology and the Arts at CWRU, Monday September 17, 2012, 4:30-6p.m., Moot Courtroom (A59), Case Western Reserve University School of Law, 11075 East Blvd, Cleveland, Ohio 44106. Sponsored by the Office of the President, Office of Government and Community Relations, Cleveland Institute of Art, Center for Policy Studies, and the School of Law.

Over the past decade, disputes about intellectual property and piracy on the internet have become steadily more prominent. In October 2011, the House Judiciary Committee introduced the Stop Online Piracy Act (SOPA). With its bipartisan sponsors, the bill proposed anti-piracy measures allowing the U.S. Department of Justice and intellectual property owners to exercise control over websites facilitating copyright infringement. In the Senate, the Protect Intellectual Property Act (PIPA) introduced additional methods for the government and copyright holders to protect against counterfeit goods domestically and abroad. Given protests and an unprecedented internet blackout, voting on the bills was suspended. However, a third bill intended to protect against cyber threats, the Cyber Intelligence Sharing and Protection Act (CISPA), passed in the House of Representatives in April 2012.

The Constitution Day 2012 forum will examine constitutional questions raised by internet piracy, proposed legislation to regulate the internet, copyright law, and other issues related to intellectual property. It will include perspectives from the speakers, questions from a CWRU student panel, and audience participation.

August 2012








































About the Friday Lunch Newsletter

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