The Problem of Social Cost

The Problem of Social Cost, by Ronald H. Coase, Journal of Law and Economics (October 1960)

"the most cited law review article of all time" --Jonathan H. Adler

Are the Recent Recess Appointments Constitutional?

Are the Recent Recess Appointments Constitutional? by Charles J. Cooper, Michael B. Rappaport, Peter M. Shane, William R. Yeomans, and Dean A. Reuter

Loving Liberals

Jeff Shesol reviews The Cause: The Fight for American Liberalism From Franklin Roosevelt to Barack Obama, by Eric Alterman and Kevin Mattson.

"The intimation of The Cause — of both its title and its tone — is that there really is a true faith against which subsequent vintages of liberalism must be judged (and found wanting). 'Neo­liberals' like Gary Hart are dismissed as callow and cold; 'New Democrats' of the late 1980s are overly in thrall to their corporate donors; and Michael Dukakis, poor Michael Dukakis, is not merely a loser but 'no liberal at all — just a sign of the desperate times into which American liberalism had fallen in its apparently endless quest for solid political ground.' As for Clinton, Jimmy Carter and Barack Obama, the Democrats who have been elected president since Johnson, The Cause flays all three for yielding to 'political pressures' and becoming 'far more conservative' as president than as presidential candidates."

Federalist Society Mobile Apps

From the Federalist Society's national office,

The Federalist Society Mobile app is now available for download. You can find the mobile app for your Android device on Google Play. The app for your iOS device is now available at iTunes.

Engage Volume 12, Issue 3, November 2011

At the national website, this issue of Engage: The Journal of the Federalist Society Practice Groups is online (and now tardily linked here).

State Court Docket Watch Spring 2012

Now up at the national Federalist Society website.

"In an effort to increase dialogue about state court jurisprudence, the Federalist Society presents State Court Docket Watch. This newsletter is one component of the State Courts Project, presenting original research on state court jurisprudence and illustrating new trends and ground-breaking decisions in the state courts. This edition contains updates on important state court decisions in Wisconsin, Arkansas, Pennsylvania, Montana, Georgia, and California."

The Wisconsin article is Wisconsin Supreme Court Rules Plaintiffs Entitled to Receive "Phantom Damages", by Andrew C. Cook, on Orlowski v. State Farm Mutual Automobile Ins. Co., 2012 WI 21.

The Lochneresque monster

Just back from the recent Constitutional Interpretation and Change Conference at Yale Law School, Michael Greve posts,

"It is impossible to convey the constitutional establishment’s near-clinical obsession with, and hysteria over, the possible invalidation of the ACA’s individual mandate. ...

"The real fear is that the Constitution might pose some limit to progressivism’s anything-goes imagination.

"One could argue that the Constitution was enacted for precisely that purpose."

(Via Randy Barnett at The Volokh Conspiracy)