dan farberDaniel Farber is the Sho Sato Professor of Law and chair of the Energy and Resources Group at UC Berkeley. He is also the faculty director of the Center for Law, Energy, and the Environment. He serves on the editorial board of Foundation Press, and is a member of the American Academy of Arts and Sciences and of the American Law Institute. He has written several books, including “Judgment Calls: Politics and Principle in Constitutional Law” (Oxford University Press 2008); “Retained by the People: The Silent Ninth Amendment and the Rights Americans Don’t Know They Have” (Basic Books 2007); and “Lincoln’s Constitution” (University of Chicago Press 2003). He earned his B.A., M.A., and J.D. degrees at the University of Illinois.

Justice Thomas Declares War on Rulemaking

Clarence Thomas Attacks Rule Making

*+-Dan Farber: The case involved a relatively obscure issue about the legal status of Amtrak. Justice Thomas used the occasion for a frontal attack on administrative law, including most of environmental law.

Reaching Across the Aisle?

Will Congress Work

*+-Dan Farber: The safest prediction is that our Democratic President and Republican Congress will not in fact be able to work together. But hope springs eternal. Are there areas where common ground exists?

The Ebola Panic

ebola panic

*+-Dan Farber: In a particularly shocking example, Sen. Rand Paul has said that you can get Ebola from standing near someone at a cocktail party. I had trouble believing that he had actually said that, but here’s the video.

Lessons from an Epidemic

Ebola Epidemic Hits America

*+-Dan Farber: It’s time to take a hard look at the adequacy of the entire public health system and its ability to respond to global health emergencies.

House Republicans on Climate Change Concerns

Climate Change Concerns

*+-Dan Farber: All too many members of the House seem to have left the reality-based community in favor of a fairy-tale world where threats go away if you just close your eyes and deny them.

Scalia’s Puzzling Dissent

justice scalia dissents

*+-Dan Farber: The sloppiness of the opinion is all the more noteworthy because we are still nowhere near the end-of-the-term crunch, when things are more likely to slip through the cracks.

The Filibuster and the Environment

stopping-government-590

*+-Dan Farber: In the short run, limiting the filibuster will strengthen the hands of environmental regulators. What about the long run effects?

Rethinking Climate ‘Adaptation’

dirty-climate-590

*+-Don Farber: One of the things I don’t like about the term “adaptation” is that it suggests that we actually can, at some expense, restore ourselves to the same position we would have been in without climate change.

Playing Chicken with Food Safety

Chicken Recall 2013

*+-Dan Farber: Somewhat surprisingly, considering its something the public cares about deeply, food safety doesn’t seem to have many friends in Washington.

The NAACP and the Politics of Race and Regulation

coca cola and the naacp

*+-Dan Farmber: One of the odd aspects of the NAACP’s position is its complaint that the benefits of the regulation will flow disproportionately to poor and minority populations — phrased in terms of depriving this portion of the population of the right to consumer unhealthy foods: