| 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. - David L. Brennan Professor Emeritus of Law and Adjunct Professor of Political Science at Case Western Reserve University School of Law |
Friday August 31, 2018
12:30-1:30 p.m.
Dampeer Room
Kelvin Smith Library *
Case Western Reserve University
Dear Colleagues:
We're back! The Friday Lunch, formally known as the Public Affairs Discussion Group, begins again on Friday, August 31, and I return as the moderator of (most of) our gatherings. Thank you very much to the wonderful colleagues who moderated the meetings while I was on sabbatical during Spring semester: Professors Jon Entin, Peter J. Haas, Tom Mortimer and Peter Pesch. I am exceedingly grateful for your help.
We return with the traditional lead-off discussion and I'm extremely pleased to welcome back Professors Adler and Entin for a review and preview of the Supreme Court. This time we may focus a bit less on specific cases decided and on the docket, and a bit instead on the nomination of Judge Brett Kavanaugh to succeed Justice Anthony Kennedy. This could be one of the most significant appointments in a very long time, and while one should not be too sure how any Justice will act when on the highest bench, Judge Kavanaugh's long record means that there is a great deal of evidence on which to project his contributions if confirmed. Professor Adler has commented extensively in the press about this, especially
on Judge Kavanaugh's approach to the "administrative state." Yet there are plenty of cases also to discuss, including the Supreme Court's decision during the past term that the plaintiffs in the Gill v. Whitford Wisconsin redistricting case did not have standing to sue - thereby avoiding the issue of whether the redistricting in question was constitutional. Having previewed the case for us during the Spring, Professor Entin will surely have pertinent comments!
I look forward to seeing old friends and maybe some new faces this coming Friday. Please note that a partial schedule for the rest of the semester is below. Please let me know of any suggestions about topics that you may have, by e-mailing me at joseph.white@case.edu.
All best regards,
Joe White
Luxenberg Family Professor of Public Policy and Director, Center for Policy Studies
About Our Guest
Jonathan H. Adler is the inaugural Johan Verheij Memorial 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, administrative and constitutional law.
Professor Adler is the author or editor of seven books, including Business and the Roberts Court (Oxford University Press, 2016) and Rebuilding the Ark: New Perspectives on Endangered Species Act Reform (AEI Press, 2011), and over a dozen book chapters. His articles have appeared in publications ranging from the Harvard Environmental Law Review and Yale Journal on Regulation to The Wall Street Journal and USA Today. He has testified before Congress a dozen times, and his work has been cited in the U.S. Supreme Court. A 2016 study identified Professor Adler as the most cited legal academic in administrative and environmental law under age 50.
Professor Adler is a contributing editor to National Review Online and a regular contributor to the popular legal blog, “The Volokh Conspiracy.” A regular commentator on constitutional and regulatory issues, he has appeared on numerous radio and television programs, ranging from the PBS "Newshour with Jim Lehrer" and NPR's "Talk of the Nation" to the Fox News Channel and "Entertainment Tonight."
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).
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. Our programs are open to all and no registration is required. We usually meet in the Dampeer Room of Kelvin Smith Library.
* Kelvin Smith Library requires all entrants to show identification when entering the building, unless they have a university i.d. that they can magnetically scan. We are sorry if that seems like a hassle, but it has been Library policy for a while in response to security concerns. Please do not complain to the library staff at the entrance, who are just doing their jobs.
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.
Schedule of Friday Lunch Upcoming Topics and Speakers:
September 7: "Step Therapy" to Reduce Spending on Prescription Drugs: Legal and Ethical Implications. With Sharona Hoffman, Edgar A. Hahn Professor of Law and Co-Director, Law-Medicine Center.***Alternate Location: Room LL06, Lower Level, Kelvin Smith Library***
September 14: Aliens and Alienation: Social Implications If We Are Alone in the Universe. With Michael W. Clune, Professor of English.
September 21: The Social Enterprise Zoo. With Dennis R. Young, Professor Emeritus, Georgia State University; Former Director, Mandel Center for Nonprofit Organizations.
September 28: Panama and Paradise: What Have We Learned From the "Papers," and Will It Make Any Difference? With Richard Gordon, Professor of Law and Director, Financial Integrity Institute.
October 5: TBA
***Alternate Location: Mather House 100, 11201 Euclid Ave.***
October 12: Caesarism: Populism and Leadership in Ancient Rome and Greece. With Timothy Wutrich, Senior Instructor in Classics, and Rachel Sternberg, Associate Professor of Classics.
***Alternate Location: Mather House Room 100, 11201 Euclid Ave.***
October 19: The Context of Coverage: Ohio’s Medicaid Expansion. With Loren C. Anthes, Public Policy Fellow and Director, Medicaid Policy Center, Center for Community Solutions.
October 26: TBA
November 2: Biennial Pre-Election Forecast Discussion. With Joseph White, Luxenberg Professor of Public Policy, and Andrew M. Lucker, Adjunct Professor of Political Science
Alternate Location: Mather House Room 100, 11201 Euclid Ave.
November 9: TBA
November 16: TBA
November 23: Thanksgiving break.
November 30: Just How Powerful is Putin? With Stephen Crowley, Professor and Chair, Department of Political Science, Oberlin College.
December 7: Union Decline in a Populist Era: The Experience of Western Democracies. With Chris Howell, James Monroe Professor of Politics, Oberlin College.
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August 27, 2018
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
ENCRYPTION: PRIVACY v. PUBLIC SAFETY
Join a student panel for the 2018 CWRU Constitution Day program featuring Raymond Ku, J.D., Professor of Law and Director, Center for Cyberspace Law & Policy, Case Western Reserve University School of Law and William C. Snyder, J.D.,
Teaching Professor, Syracuse University College of Law, Monday September 17, 2018, 4:00 p.m., CWRU School of Law, Moot Courtroom (A59), 11075 East Blvd., Cleveland, Ohio 44106. Free and open to the public. Sponsored by the Office of the President, Office of Government and Community Relations, Department of Political Science, Center for Policy Studies, and School of Law.
The social contract upon which the United States government is based obliges the government to protect its citizens,and this may restrict certain of their liberties. Thus, a balance must be struck between the government’s duty to provide protection and a person’s right to privacy.
Pressure to eliminate the digital privacy of individuals is increasing. From the FBI’s efforts to decrypt the iPhone of the December 2015 San Bernardino mass shooter to Carpenter v. US (2017), the debate on privacy versus public safety needs to be addressed. How can the federal government strike a balance between privacy and public safety? What, if any, restrictions should be placed on the government when accessing private data during the course of a criminal investigation?
The Constitution Day Student Committee is pleased to welcome Raymond Ku, J.D. and William C. Snyder, J.D. to discuss these critical questions related to the Fourth and Fifth Amendments.
STATE COURTS IN A FEDERAL SYSTEM
A discussion with The Honorable Joan L. Larsen, judge of the United States Court of Appeals for the Sixth Circuit, Tuesday September 25, 2018, 4:30 p.m., CWRU School of Law, Moot Courtroom (A59), 11075 East Blvd., Cleveland, Ohio 44106. Free and open to the public.
State courts are the courts most likely to affect an ordinary person’s life. Development of the common law of property, tort and contract, as well as the law governing our most personal relationships, family law, are the province of state courts. Most criminal law is state law; and most criminal prosecutions happen in state court. In these, and in other areas, state courts have been innovators. For example, state courts have taken the lead in developing new ways to work with non-violent criminal offenders, through the creation of problem-solving courts such as veterans' treatment courts, drug courts, and mental health courts. And while most people think only of the U.S. Constitution when they think of their rights, each of our fifty states has its own constitution too, whose interpretation, by state judges, is not formally constrained by the parallel work of the federal courts. In other words, state courts matter. In fact, there was no guarantee that federal courts, besides the Supreme Court, would even exist. Our Constitution did not require it—Congress had the discretion, but not duty, to create lower federal courts. But as the federal court system has grown, it has developed an ever-evolving, complicated relationship with the state courts. There are many doctrines, such as abstention and procedural requirements in habeas corpus that are designed to respect the work of the state courts and recognize the states’ primacy. But how robustly should federal courts apply these doctrines? And how much deference should state courts give to federal court resolution of the parallel problems that confront them? These, and many other questions, are inherent in our federal system.
The Honorable Joan L. Larsen was nominated by the President on May 8, 2017 and confirmed by the Senate on November 1, 2017. Before her appointment to the federal bench, Judge Larsen served two terms as a Justice of the Michigan Supreme Court, where she was the court’s liaison to Michigan’s drug, sobriety, mental health and veteran’s courts.
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