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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. - David L. Brennan Professor of Law and Political Science at Case Western Reserve University School of Law
Friday September 4, 2015
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 Obergefell v. Hodges on same sex marriage, King v. Burwell on the Affordable Care Act, Zivotofsky v. Kerry on presidential and congressional powers, or a series of cases about elections? 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 was one of the leading proponents for the plaintiffs' position in King. Jonathan Entin is Professor of Law and Political Science. Each teaches Constitutional Law for the School of Law. Their different views and extensive expertise ensure that the discussion 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 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. 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).

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. For a few weeks construction on East Boulevard will block northbound traffic to the Severance garage. So if you are coming from Euclid Ave, please turn north at Ford Drive, then left at Bellflower and left from Bellflower onto East Boulevard, heading south. From the Severance 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 also 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 11: The United States Since 9/11. A panel discussion with Michael W. Clune, Professor of English; Pete Moore, Marcus A. Hanna Associate Professor of Political Science; and Joe White, Luxenberg Family Professor of Public Policy.

September 18: The New Wave of Abortion Restrictions. With B. Jessie Hill, Judge Ben C. Green Professor of Law and Associate Dean for Academic Affairs at the Case Western Reserve University School of Law.

September 25: What's Happening in Lake Erie? With Gerald Matisoff, Professor of Earth, Environmental, and Planetary Sciences.

October 2: Moving Towards Health Care Justice: Navigating the ACA and Beyond. With Rachel Rosen DeGolia, Director, Universal Health Care Action Network and Health Benefits Exchange navigator.

October 9: China’s Aging Population: Policy Decisions and Program Challenges. With M.C. “Terry” Hokenstad, Distinguished University Professor and Ralph S. and Dorothy P. Schmitt Professor, Mandel School of Applied Social Sciences. ***Alternate Location: Mather House Room 100***

October 16: The Issues About Issue 3, The Ohio Marijuana Legalization Initiative. With Mark Naymik, Columnist, The Plain Dealer.

October 23: Energy, Climate, and the Historian's View of the Future. With Peter A. Shulman, Associate Professor of History.

October 30: From "9 to 5" to What? New Work Patterns and Their Implications. With Jenny Rae Hawkins, Visiting Assistant Professor of Economics.

November 6: A Year Away from the 2016 Election…. With Paul Herrnson, Professor of Political Science, University of Connecticut.

November 13: Why Virtual Schools are Growing So Fast, and What it Might Mean for the Future of Public Education. With Peter Robertson, Senior Vice President of School Operations, Connections Education.

November 20: Integrating the Inner City Through Mixed-Income Development. With Mark Joseph, Associate Professor at MSASS and Director, National Initiative on Mixed-Income Communities; Taryn Gross, Project Coordinator for the Initiative, and Emily Miller, Project Associate for the Initiative. Co-sponsored with the Schubert Center for Child Studies. ***Alternate Location: Mandel Community Studies Center Room 115, 11402 Bellflower Road***

November 27: Thanksgiving Break

December 4: Making Clean Energy Work. With Walter Money, Whole House Energy Solutions.

August 31, 2015

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Upcoming Events

Sexual Misconduct on College Campuses: Justice and Due Process

A discussion with Cynthia Grant Bowman, Ph.D., J.D., Dorothea S. Clarke Professor of Law, Cornell University Law School and Howard Kallem, J.D., Director of Title IX Compliance, Duke University.

Wednesday September 16, 2015, 4:00 p.m.-5:30 p.m., Moot Courtroom, Case Western Reserve University School of Law, 11075 East Boulevard, Cleveland, OH 44106-1769. 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. A reception will follow at The Law School.

Our annual Constitution Day program addresses one of the most controversial issues on university campuses. In response to many reports that universities did little to help victims of sexual assault on campus and to sanction perpetrators, the Department of Education's Office for Civil Rights in 2011 established new standards for how universities should respond to complaints. The Department has made making college campuses safer through this effort a major priority. As of August of this year, the OCR had 129 outstanding investigations, having already settled others. But the effort has been challenged by faculty who say universities' new policies manifestly abuse standards of due process. The critics have included some of the best-known legal scholars of women's issues in the country.

Join us as a prominent participant in the enforcement effort and a prominent critic discuss the issues, responding to questions from a panel of CWRU students.

The Revenge of the Nerds, and Other Dispatches from the Intellectual Property Wars

A Global Currents Lecture Discussion with Susan K. Sell, Ph.D., Professor of Political Science and International Affairs, The George Washington University.

Monday October 5, 2015, 4:00 p.m.-5:30 p.m., Case Western Reserve University, Tinkham Veale University Center, Senior Classroom A, 11038 Bellflower Road, Cleveland, OH. This program is made possible by the generosity of Ms. Eloise Briskin and sponsored by the Center for Policy Studies.

In the 1980s the United States government made negotiation and enforcement of strong “intellectual property” rights one of the guiding principles of its foreign policy. It was backed by major corporations and in many cases governments from developed nations. One stage was the 1994 Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), but TRIPS, as Susan Sell argues, in retrospect was only a step in a much more extensive series of restrictions that have been achieved in a series of forums since.

Yet this campaign has met major setbacks. In 2001 the WTO Doha Declaration underscored countries’ rights to put public health before patents. In 2012, legislation to restrict downloading, streaming, and file-sharing on the internet was breezing through Congress, until it was suddenly swamped by a tidal wave of net-based protest.

The newest battle in the now nearly Thirty-Years War about intellectual property involves the Trans-Pacific Partnership. What might we learn from the past about what could happen next? To help us understand the battle and the war, we will be joined by Professor Susan Sell, one of the leading scholars of the conflict.

September 2015






































About the Friday Lunch Newsletter

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