SELECTED
PUBLICATIONS
For an up-to-date listing of publications by Jonathan H. Adler, see the C.V. here.
Adler
articles on SSRN
Commentaries
on NATIONAL REVIEW ONLINE
Environmentalism
at the Crossroads:
Green Activism in America
[Whiny Review
of Crossroads by "Animal People"]
The Costs of
Kyoto:
Climate Change Policy and Its Implications
Ecology, Liberty and Property:
A Free Market Environmental Reader
Read
the Introduction Online
Articles
The Green Costs of Kelo: Economic Development Takings and Environmental Protection (with Ilya Somin), WASHINGTON UNIVERSITY LAW REVIEW (forthcoming).[SSRN]
Once More, With Feeling: Reaffirming the Limits of Clean Water Act Jurisdiction, THE SUPREME COURT AND THE CLEAN WATER ACT: FIVE ESSAYS ON RAPANOS (K. Wroth ed., Vermont Law School Land Use Institute 2007, forthcoming) [SSRN]
When Is Two a Crowd: The Impact of Federal Action on State Environmental Regulation, 31 HARVARD ENVIRONMENTAL LAW REVIEW (forthcoming) [SSRN]
Reckoning with Rapanos: Revisiting "Waters of the United States" and the Limits of Federal Wetland Regulation, 14 MISSOURI ENVIRONMENTAL LAW & POLICY REVIEW 1 (2006) [SSRN]
Don’t Politicize Science (Unless You’re on My Side), review of C. Mooney, The Republican War on Science, REGULATION, Spring 2007. [SSRN]
Standing in the Hot-Seat: Climate Change Litigation, ENGAGE, Vol. 8, No. 1 (2007).
Prosecuting Journalists Would be Unprecedented and Unwise, NATIONAL SECURITY LAW REPORT, Vol. 28, No. 3 (September 2006).
Review of D. Schoenbrod, Saving the Environment from Washington, INDEPENDENT REVIEW, Vol. 10, No. 4 (Summer 2006).
Back to the Future of Conservation: Changing Perceptions of Property Rights & Environmental Protection, 1 NYU JOURNAL OF LAW & LIBERTY 987 (2005) (symposium, invited) [Draft on SSRN]
Jurisdictional Mismatch in Environmental Federalism, 14 NYU ENVIRONMENTAL LAW JOURNAL 130 (2005) (symposium, invited).
Looking
Ahead to the 2005-06 Term, Cato Supreme Court Review 2004-05
Is
Morrison Dead? Assessing a Supreme Drug (Law) Overdose, 9 Lewis & Clark
Law Review 751 (2005)
A
Vast Right-Wing Conspiracy: It’s Neither Vast nor a Conspiracy. Discuss,
Legal Affairs (May-June 2005)
How
to Protect Environmental Protections? 25 Environmental Law Reporter 10,413
(2005) (roundtable transcript)
Judicial
Federalism and the Future of Federal Environmental Regulation, 90 Iowa Law
Review 377 (2005)
Antitrust
Barriers to Cooperative Fishery Management, in The Evolution of Property
Rights in Fisheries, ed. D. Leal (2004)
Conservation
Cartels: How Competition Policy Conflicts with Environmental Protection,
Regulation (2004)
Conservation
Through Collusion: Antitrust as an Obstacle to Marine Resource Conservation,
61 Washington and Lee Law Review (2004)
Frank
Meyer: The Fusionist as Federalist, Publius: The Journal of Federalism, Vol.
34, No. 4 (2004)
Marsh
Madness, in Incentives and Conservation: The Next Generation of
Environmentalism, ed. D. Benjamin (2004)
The
Fable of Federal Environmental Regulation, 54 Case Western Reserve Law
Review (2004) (symposium)
Regulating
Genetically Modified Foods: Is Mandatory Labeling the Right Answer? 10
Richmond Journal of Law and Technology 14 (2003) (symposium)
(Review)
“Free Market Environmentalism,” rev. ed., 22 Cato Journal 182 (2002)
Do
Conservation Conventions Conserve? in SUSTAINABLE DEVELOPMENT: PROMOTING
PROGRESS OR PERPETUATING POVERTY? (J. Morris, ed. 2002).
Fables
of the Cuyahoga: Reconstructing a History of Environmental Protection, 14
Fordham Environmental Law Review 89 (2002) (symposium)
Introduction: The Virtues and Vices of Skeptical Environmentalism, 53
Case Western Reserve Law Review 249 (2002) (symposium) (with Andrew P. Morriss)
Judicial
Federalism Not Anti-Environment, Environmental Forum, Vol. 19, No. 4 (2002)
Legal
Obstacles to Private Ordering in Marine Fisheries, 8 Roger Williams
University Law Review 9 (2002) (symposium)
The
Precautionary Principle’s Challenge to Progress, Global Warming &
Other Eco-Myths, ed. R. Bailey (2002)
The Role of the Judiciary in Preserving Federalism, 1 Georgetown Journal
of Law & Public Policy 49 (2002) (inaugural symposium issue)
Free
and Green: A New Approach to Environmental Protection, 24 Harvard Journal of
Law & Public Policy 653 (2001)
Let Fifty Flowers Bloom: Transforming the States into Laboratories of
Environmental Policy, 31 Environmental Law Reporter 11,284 (2001)
Stand
or Deliver: Citizen Suits, Standing, and Environmental Protection, 12 Duke
Environmental Law & Policy Forum 39 (2001)
The
Ducks Stop Here? The Environmental Challenge to Federalism, 9 Supreme Court
Economic Review 205 (2001)
Clean Politics, Dirty Profits, in The Politics of the Environment, ed. T.
Anderson (2000)
Faux
Market Environmentalism, Regulation, Vol. 23, No. 1 (2000)
More Sorry than Safe: Assessing the Precautionary Principle and the Proposed
International Biosafety Protocol, 35 Texas International Law Journal 173
(2000)
The Cartagena Protocol and Biological Diversity: Biosafe or Bio-Sorry? 12
Georgetown International Environmental Law Review 761 (2000)
Waste
& the Dormant Commerce Clause—A Reply (response to Richard Epstein), 3
The Green Bag 2d 253 (2000)
Swamp
Rules: The End of Federal Wetlands Regulation? Regulation, Vol. 22, No. 2
(1999)
Wetlands, Waterfowl, and the Menace of Mr. Wilson: Commerce Clause
Jurisprudence and the Limits of Federal Wetlands Regulation, 29
Environmental Law 1 (1999)
A New Environmental Federalism, Forum for Applied Research and Public
Policy (Winter 1998)
Bean
Counting for a Better Earth: Environmental Enforcement at the EPA,
Regulation, Vol. 21, No. 2 (1998)
The Green Aspects of Printz: The Revival of Federalism and Its Implications
for Environmental Law, 6 George Mason Law Review 573 (Spring 1998)
Studies
Let Fifty Flowers Bloom: Unleashing State-Level Environmental Innovation
(Federalism Project, American Enterprise Institute 2001)
Greenhouse
Policy Without Regrets, lead author (Competitive Enterprise Institute) (PDF)
Environmental
Performance
at the Bench: The EPA's Record
in Federal Court (Reason Public Policy Institute)
Property Rights,
Regulatory Takings, and Environmental Protection
(Competitive Enterprise Institute)
Time to Reopen
the Clean Air Act: Clearing Away the Regulatory Smog (with K.H.
Jones) (Cato Institute)
Taken to the Cleaners:
A Case Study of the Overregulation of American Small Business (Cato
Institute)
Testimony
The
Scope of "Waters of the United States" before the Senate
Subcommittee on Fisheries, Wildlife, and Water, 8/1/2006
Gas Price
Act of 2005, before the Senate Environment Committee, 10/18/2005
Property Rights before the Senate Judiciary
Committee
Flow
Control before the Senate Environment
& Public Works Committee
Federal
Funding of the National Fish & Wildlife Foundation before the House
Resources Committee
ENVIRONMENTAL POLITICS
GOP
Needs Environmental Message (1996
Commentary
on NPR)
GOP
vs. the Environment? (1995 IBD op-ed)
HOW DOES THE EPA FARE IN COURT?
A
Legal Cloud Over EPA (Legal
Times)
[More
on this subject]
DO THE FEDS NEED TO OWN MORE
LAND?
The
Great GOP Land Grab (Guest Commentary on National Review Online)
Debate
on PBS' Technopolitics
IS THE PRECAUTIONARY PRINCIPLE
SOUND POLICY?
Better
Safe than Sorry? (column from Intellectual
Ammunition)
Greenhouse
Policy Without Regrets, lead author (Competitive Enterprise Institute) (PDF)
The
Cartagena Protocol and Biological Diversity: Biosafe or Bio-Sorry? 12 Georgetown
International Environmental Law Review (2000) [available through SSRN]
More Sorry than Safe: Assessing the Precautionary Principle and Proposals
for an International Biosafety Protocol, 35 Texas Intl Law Journal
173 (2000)
What
Does It Mean to Be a "Green" Consumer?
A
Debate on National Public Radio
(May 1999) [Real Audio File]
A more complete list of my publications
is forthcoming on this site.
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