/ Law Faculty/ James Huffman

James Huffman

Emeritus Dean and Professor of Law

Biography

Professor Huffman joined the law school faculty in 1973, was appointed Acting Dean in 1993 and Dean in 1994, and returned to full time teaching in 2006. Born in Fort Benton, Montana, Jim graduated from Montana State University, the Fletcher School of Law and Diplomacy at Tufts University, and the University of Chicago Law School. He has been a visiting professor at Auckland University in New Zealand, the University of Oregon, the University of Athens in Greece and Universidad Francisco Marroquin in Guatemala. He was also a fellow at the Humane Studies Institute and a Distinguished Bradley Scholar at the Heritage Foundation. Jim is a trustee of the Morris K. Udall and Stewart L. Udall Foundation, and serves on the board of the Property and Environment Research Center (PERC). He is a member and former Chair of the Executive Committee of the Environment and Property Rights Practice Group of the Federalist Society. He is admitted to practice before the Montana courts, the United States Court of Appeals for the Federal Circuit and the United States Supreme Court. He is the author of three books and more than 100 articles and chapters on a wide array of legal topics.

Specialty Areas and Course Descriptions

Constitutional Law
Natural Resources
Jurisprudence
Constitutional History,
Graduate Environmental Law Seminar
Water Law

Academic Credentials

BS 1967 Montana State University
MA 1969 Fletcher School of Law and Diplomacy, Tufts University
JD 1972 University of Chicago Law School

Bibliography

Books

PRIVATE PROPERTY AND STATE POWER (Palgrave Macmillan 2013).
PRIVATE PROPERTY AND THE CONSTITUTION (Palgrave Macmillan 2013).
GOVERNMENT LIABILITY AND DISASTER MITIGATION: A COMPARATIVE STUDY (University Press 1986).

Articles

Oregon Supreme Court Muddies the Waters: Kramer v. City of Lake Oswego (forthcoming)
Judges, Bureaucrats and the Leviathan State: A Reply to Professor Funk (35 years later), 49 Environmental Law (forthcoming 2019)
The Public Trust Doctrine: A Brief (and True) History, 10 George Washington Journal of Energy & Environmental Law 15 (2019).
American Prairie Reserve: Protecting Wildlife Habitat on a Grand Scale, 59 Natural Resources Journal 35 (2019).
Background Principles: Still Searching for the Holy Grail, 69 South Carolina Law Review (Forthcoming 2018).
Henry Manne’s Subtle but Important Influences on Environmental Law, 46 European Journal of Law and Economics 261 (2018).
Juliana v. United States: Debating the Fundamentals of the Fundamental Right to a Sustainable Climate,” (with Erink Ryan, Mary Wood, Irma Russel and Richard Frank) FSU Law Review Rehearing 2018, http://www.fsulawreview.com/article/juliana-v-united-states-debating-the-fundamentals-of-the-fundamental-right-to-a-sustainable-climate/
A Common Law of and for the Virgin Islands, 46 Stetson L. Rev. 367 (2016-2017).
Protecting the Great Lakes: The Allure and Limitations of the Public Trust Doctrine, 93 University of Detroit Mercy Law Review 239 (2016).
People Made Law: Spontaneous Order, Change and the Common Law, 11 Journal of Law, Economics & Policy 179 (2015).
Why Liberating the Public Trust Doctrine is Bad for the Public, 45 Environmental Law Review 337 (2015).
PPL Montana v. Montana: A Unanimous Smackdown of a State Land Grab, 2011-2012 Cato Supreme Court Review 167 (2012).
Against the Current: Four Decades in Water Law and Policy, 42 Environmental Law Review 19 (2012).
Comprehensive River Basin Management: The Limits of Collaborative, Stakeholder-Based, Water Governance, 49 Natural Resources Journal 117 (2009).
The Federal Role in Water Resource Management, 17 New York University Environmental Law Journal 669 (2008)
The Federal Role in Water Resource Management, 17 New York University Environmental Law Journal 669 (2008).
Speaking of Inconvenient Truths — A History of the Public Trust Doctrine, 18 Duke Environmental Law & Policy Journal 1 (2008).
Beware of Greens in Praise of the Common Law, 58 Case Western Reserve Law Review 813 (2008).
Background Principles and the Rule of Law: Fifteen Years after Lucas, 35 Ecology Quarterly Law Review 101 (2008).
From Legal History to Legal Theory: Or Is It the Other Way Around, 40 Tulsa Law Review 579 (2005).
American Legal Education: Past, Present and Future, 12 Hakkuoh Review of Law and Politics 298 (2005).
A Dialogue on Private Property, 4 The Green Bag 403 (2004).
Environmental Perspectives: Moving Toward a Market-Oriented Middle Ground, 28 Harvard Journal of Law & Public Policy 61 (2004).
Water Marketing in Western Prior Appropriation States: A Model for the East, 21 Georgia State University Law Review 429 (2004).
Making Environmental Regulation More Adaptive Through Decentralizationi: The Case for Subsidiarity, 52 Kansas Law Review 1377 (2004).
Limited Prospects for Privatization of Public Lands: Presidio and Valles Caldera May Be as Good as It Gets, 44 Natural Resources Journal 475 (2004).
Politics and Judicial Independence: A Proposal for Reform of Judicial Selection in Oregon, 39 Willamette Law Review 1425 (2003).
Either You’re With Us or Against Us: No Room for the Skeptical Environmentalist, 53 Case Western Law Reserve Law Review 391 (2002).
American Legal History According to Horwitz: The Rule of Law Yields to Power, 37 Tulsa Law Review 953 (2002).
Marketing Biodiversity, 38 Idaho Law Review 421 (2002).
The Impact of Land Use Regulations on Small and Emerging Businesses, 5 The Journal of Small and Emerging Business Law 49 (2001) (with Elizabeth Howard).
Retroactivity, the Rule of Law, and the Constitution, 51 Alabama Law Review 1095 (2000).
The Impact of Regulation on Small and Emerging Businesses, 4 The Journal of Small and Emerging Business Law 307 (2000).
The Past and Future of Environmental Law, 30 Environmental Law 23 (2000).
The Public Interest in Private Property Rights, 50 Oklahoma Law Review 377 (1997); reprinted in 35 The Public Land and Resources Law Digest 339 (1998).
Managing America’s Public Lands: Proposals for the Future - Introductory Remarks, 18 Public Land and Resources Law Review 143 (1997).
Judge Plager’s “Sea Change” in Regulatory Takings Law, 6 Fordham Environmental Law Review 597 (1995).
Managing the Northern Forests: Lessons From the West, 19 Vermont Law Review 477 (1995).
Dolan v. City of Tigard: Another Step in the Right Direction, 25 Environmental Law 143 (1995).
Round Table Discussion: Science, Environment, and the Law, 21 Ecology Law Quarterly 351 (1994).
The Inevitability of Private Rights in Public Lands, 65 University of Colorado Law Review 241 (1994).
Markets, Regulation, and Environmental Protection, 55 Montana Law Review 425 (1994).
Do Species and Nature Have Rights?, 13 Public Land Law Review 51 (1992).
An Exploratory Essay on Native Americans and Environmentalism, 63 University of Colorado Law Review 901 (1992).
Protecting the Environment from Orthodox Environmentalism, 15 Harvard Journal of Law & Public Policy 349 (1991).
Advisory Opinions and Canadian Constitutional Development: The Supreme Court’s Reference Jurisdiction, 74 Minnesota Law Review 1251 (1990) (with Mardilyn Saathoff).
Public Lands Management in an Age of Deregulation and Privatization, 10 Public Lands Law Review 29 (1989).
A Fish Out of Water: The Public Trust Doctrine in a Constitutional Democracy, 19 Environmental Law 527 (1989) and in Issues in Legal Scholarship, Joseph Sax and the Public Trust (2003). (http://www.bepress. com/ils/iss4/art6)
Law, Comparative Legal Study, and Disaster Taxonomy, 7 International Journal of Mass Emergencies & Disasters #3 (1989).
Phillips Petroleum v. Mississippi: A Hidden Victory for Private Property, 19 Environmental Law Reporter 10051 (1989).
Avoiding the Takings Clause Through the Myth of Public Rights: The Public Trust and Reserved Rights Doctrines at Work, 3 Journal of Land Use & Environmental Law 171 (1987).
Chicken Law in an Eggshell: A Dissenting Note, 16 Environmental Law 761 (1986).
Trusting the Public Interest to Judges: A Comment on the Public Trust Writings of Professors Sax, Wilkinson, Dunning and Johnson, 63 Denver University Law Review 565 (1986).
Justificacion Legal: La Importancia de la Distincion de Hart Entre Descripcion y Prescripcion, in El Concepto de Derecho de H.L.A. Hart (special edition of Revista de Ciencias Sociales, Universidad de Valparaiso, Chile) (1987).
From Legal History to Legal Theory: A Comment on the Work of Lawrence Friedman, 63 University of Oregon Law Review 671 (1984).
The Commerce Clause and State-Owned Resources: South-Central Timber v. LeReche, Western Natural Resource Litigation Digest 36 (Winter, 1984).
Government Liability and Natural Hazard Mitigation in Japan, The Soviet Union, China, New Zealand and The United States, #1 The International Journal of Mass Emergencies and Disasters 379 (1983).
Governing America’s Resources: Federalism in the 1980’s, Vol. 12, Environmental Law 863 (1982).
Allocative Impacts of Mineral Severance: Implications for the Regulation of Surface Mining, 22 Natural Resources Journal 201 (1982).
Government Liability for the External Costs of Earthquake Prediction (presented at UNESCO Conference, Paris, April, 1979) (reprinted in Recent Developments in World Seismology, Peking, 1982).
Wilderness and Individual Liberty, 16 Idaho Law Review 407 (1980).
Agriculture and the Columbia River: A Legal and Policy Perspective, 10 Environmental Law 281 (1980).
Toward a Theory of Land Use Planning: Lessons from Oregon (with Reuben C. Plantico), 14 Land and Water Law Review 1 (1979).
A History of Forest Policy in the United States, 8 Environmental Law 239 (1978).
Individual Liberty and Environmental Regulation: Can We Protect People While Preserving the Environment?, 7 Environmental Law 431 (1977).
Allocative and Energetic Implications of Land Use Planning, 5 Environmental Law 477 (1975).
Energy: The Limit to Growth, 5 Environmental Law 1 (1974).
Is the Law Graduate Prepared To Do Research?, 26 Journal of Legal Education 520 (1974).

Chapters

“Designing Institutions for the Anthropocene,” in Shawn Regan (ed.), Environmental Policy in the Antrhopocene (2016)
“Protection of Species through the Protection of Water Rights,” in J. Adler (ed.), Rebuilding the Ark: New Perspectives on ESA Reform (forthcoming 2010).
“The Evolving Public Trust Doctrine: An Obstable to Water Marketing, in R. Simmons and D. Gardner (eds.), Water Marketing (forthcoming 2010).
“A Mad Scramble for Infrastructure Dollars,” in T. Anderson and R. Sousa (eds.), Reacting to the Spending Spree: Policy Changes We Can Afford (2009).
“Indian Property Rights and American Federalism,” (with Miller, Robert) in T. Anderson, B. Benson and T. Flanagan (eds.), Self-Determination: The Other Path for Native Americans (2006).
“Science and Values in Species Protection,” in J. Baden and P. Geddes (eds.), Saving a Place: Endangered Species in the 21st Century (2000).
“Free Market Environmentalism and Fairness,” in Environmental Justice and Market Mechanisms: Key Challenges for Environmental Law and Policy (1999).
“Institutional Constraints on Transboundary Water-Marketing,” in T. Anderson and P.J. Hill (eds.), Water Marketing - The Next Generation (1997).
“Comments on Earth in the Balance,” in J. Baden Environmental Gore (1994).
“In the Interests of Wildlife: Overcoming the Tradition of Public Rights,” in T. Anderson and P.J. Hill (eds) Wildlife in the Marketplace (1995).
“A Brief History of North American Water Diplomacy,” in T. Anderson (ed.) North American Transboundary Water Marketing (1994).
“A North American Water Marketing Federation,” in T. Anderson (ed.) North American Transboundary Water Marketing (1994).
“NAFTA and Water: Dare We Talk About Water Markets?” in A.R. Riggs and Tom Velk (eds.) Beyond NAFTA: An Economic, Political and Sociological Perspective at 97 (1993).
“A Federal System for North American Water Marketing,” in J.E. Windsor (ed.) Water Export: Should Canada’s Water Be For Sale? (1992).
“Liberalism and Community in Feminist Legal Theory,” in N. Reynolds, C. Murphy and R. Moffat (eds.), Liberalism and Community (forthcoming).
“Federalism: A Regional Approach to Global Environmental Problems,” in S.K. Majumdar et al (eds) Global Climate Change: Implications, Challenges & Mitigation Measures (1992).
“The Impact of Government Liability on Private Risk Avoidance,” in R. Meiners and B. Yandle (eds.), The Economic Consequences of Liability Rules: In Defense of Common Law Liability (1991).
“The Impact of Law on Public and Private Responses to Seismic Risk,” in Genie Parasismique et Aspects Vibratoires Dans le Genie Civil (1989).
“Government Liability and Disaster Mitigation,” in W. Hays (ed.), Workshop on “Evaluation of Earthquake Hazards and Risk in the Puget Sound and Portland Areas” (1988).
“The Public Trust Doctrine: Judicial Evasion of Constitutional and Prudential Limits on the Police Power,” in T. Anderson (ed.) Western Resources in Transition: The Public Trust Doctrine and Property Rights (1987).
“Allocating Water to Instream Uses: Private Alternatives,” in America Society of Agricultural Engineers, Water Resources Law (1986).
“Government Tort Liability for Mount St. Helens Fury,” in S. Keller (ed.), Mount St. Helens: Five Years Later (1987).
“Environmental Management of Natural Resources in the United States” (with George Coggins), in Natural Resources Management in a Federal State, Canadian Institute of Resources Law (1985).
“Public and Private Allocation of Urban Forest Resources,” in G.A. Bradley (ed.), Land Use and Forest Resources in a Changing Environment (1984).
“Policy Implications of Legal Liability for Government Involvement in Earthquake Engineering,” in 7 Proceedings of the Eighth World Conference on Earthquake Engineering 909 (1984).
“Naturaleza de la Teoria Legal,” 2 Communicaciones 203 (Primer Congreso Internacional de Filosofia del Derecho), Instituto de Cultura Juridica, Universidad Nacional de La Plata, La Plata, Argentina (1982).
“Instream Water Use: Public and Private Alternatives,” in T. Anderson (ed.) Water Resources: Bureaucracy, Property Rights, and the Environment, Ballinger Press (1982).
“Water and Public Control,” New Directions in Water Policy, Water Resources Research Institute, Oregon State University (1980).
“Allocating Water to In-Stream Uses: A Legal Perspective,” 59 EOS - Transactions American Geophysical Union (March, 1978).

Research Reports

LCDC’s New Rules for Farm and Forest Land: A Summary & Critique for Oregon Public Policy Institute (1993)
Water Rights Transfers: A Legal, Economic and Informational Analysis of Water in Oregon (with R.G. Kraynick, et al.) Water Resources Research Institute, Oregon State University (1983)
The Allocation of Water to Instream Flows: Montana Water Resources Management, Natural Resources Law Institute, Portland (1980)
The Allocation of Water to Instream Flows: Colorado Water Resources Management (with Marvin Berry), Natural Resources Law Institute, Portland (1980)
The Allocation of Water to Instream Flows: A Comparative Study of Policy Making and Technical Information in the States of Colorado, Idaho, Montana, and Washington (with several others), Natural Resources Law Institute, Portland (1980)
Federal Tort Liability for Natural Disaster Warning Systems (with Steven Rosen) Lewis & Clark Law School, Portland (1977)
The Lake Izabal Area of Guatemala: Communications, Social Change, and Agricultural Development (with William R. Lassey, et al., Center for Planning and Development, Montana State University (1969)

Essays and Commentaries

“A Flawed Defense of Safe Spaces in the New York Times,” Quillette (September 6, 2019)
“Purporting to Be Friends of the Court, a Gang of Five Threatens the High Court,” Inside Sources (August 23, 2019)
“SCOTUS Census Ruling Is Judicial Decesion-Making at Its Worst,” Inside Sources (July 1, 2019)
“9th Circuit Weighs ‘Climate Kids’ Lawsuit,” Inside Sources (June 11, 2019)
“Constitutional Crisis? No!” Inside Sources (May 21, 2019)
“How the Diversity Mission Has Limited Free Speech on Campus,” Law and Liberty (May 15, 2019)
“Destined for More Partisanship and Hatred,” Inside Sources (May 1, 2019)
“A Town Acknowledges Its History, Looks to the Future,” Inside Sources (March 14, 2019)
“Many Asylum-Seekers Have the American Left to Thank,” Inside Sources (February 6, 2019)
“The State of the Union Is a Tradition for Trump to End – Permanently,” Daily Caller (January 21, 2019)
“Will Progressives Assure Trump a Second Term?” Inside Sources (January 3, 2019)
“Now, Now. Let’s Not Have Any of That – Media Uses H.W. Bush’s Death to Take Shots at Trump,” Daily Caller (December 5, 2018)
“How About a Little Humility in Victory?” Inside Sources (November 30, 2018)
“Both Trump and Roberts Have a Point,” Daily Caller (November 26, 2018)
“Previously Unrecognized Rights: Climate Change Lawsuits and the Rule of Law,” Quillette (October 30, 2018)
“One Winner From Kavanaugh Hearing – Presumption of Innocence,” Inside Sources (October 23, 2018)
“We Are Doomed to Re-Live the Kavanaugh Nightmare,” Inside Sources (October 11, 2018)
“The Orchestrated Disruptions of Kavanaugh’s Hearings Demonstrated Neither Democracy nor Free Speech,” Daily Caller (September 18, 2018)
“Bag the Impeachment Talk,” Inside Sources (September 13, 2018)
“New Respectability of Socialism,” Inside Sources (August 30, 2018)
“Are Judges Worth the Price?” Inside Sources (July 17, 2018)
“Roe v. Wade Will Survive Brett Kanavaugh,” Daily Caller (July 13, 2018)
“Politics Stains Judicial Nominations,” Inside Sources (July 8, 2018)
“Is Trump a Threat to Democracy?” Inside Sources (June 7, 2018)
“The Senate Should Use Its Canceled Vacation to Assert Its Constitutional Power Against Trump,” Daily Caller (June 7, 2018)
“The Meaning of Feminism,” Inside Sources (May 24, 2018)
“A Deeper Look at the Janus Case,” Inside Sources (March 1, 2018)
“The Real Message Sent by Alabama Is that the State Is Deeply Divided. And That’s All,” Daily Caller (December 20, 2017)
“Rather Than Destroying Statues, Erect New Ones,” Inside Sources (September 19, 2017)
“Antifa Violence Is a Symptom of a Deeper Problem,” Daily Caller (September 7, 2017)
“Court Chips Away at Property Rights,” Inside Sources (July 5, 2017)
“It Makes No Sense to Censor Offensive Words,” Daily Caller (June 20, 2017)
“Four Questions (With Answers) from Montana’s Special Election for Congress,” Daily Caller (May 27, 2017)
“On Teaching About Property and Markets,” Inside Sources (May 17, 2017)
“Why Trumpcare Failed,” Inside Sources (March 31, 2017)
“Politicians in Robes,” Daily Caller (March 21, 2017)
“EPA’s Mission Is to Faithfully Execute the Laws,” Inside Sources (March 20, 2017)
“Bipartisan Abuse of Executive Power,” Daily Caller (February 13, 2017)
“Health Care, Not Health Insurance, Is What Matters,” Inside Sources (February 1, 2017)
“Trump’s Travel Ban Shouldn’t Be Controversial,” Daily Caller (Janaury 31, 2017)
“The Continuing Politicization of the Supreme Court,” Daily Caller (January 30, 2017)
“Handwringing Among the Progressives,” Inside Sources (January 17, 2017)
“ Law Professors Don’t Like Jeff Sessions Because They Are Liberals,” Daily Caller (January 6, 2017)
“To the Victor Belongs the Office, Not the Spoils,” Daily Caller (December 2, 2016)
“Malheur Frustration,” Daily Caller (October 31, 2016)
“Too Much Democracy? Hoover Digest (October 21, 2016)
“The Supreme Court in the Balance,” Defining Ideas (September 21, 2016)
“Obama Is Wrong on Colin Kaepernick,” Daily Caller (September 8, 2016)
“The University of Chicago Has Defended Higher Education,” Daily Caller (August 30, 2016)
“I Ran for Senate as a Republican. Now I’ve Left the Party,” Daily Caller (August 16, 2016)
“America Is Not A Pure Democracy,” Defining Ideas (July 12, 2016)
“It’s Time to Fire Trump,” Daily Caller (June 24, 2016)
“Bring Back Required Western Civ,” Inside Sources (April 25, 2016)
“Bernie Sanders and the Good People of Wall Street,” Daily Caller (April 18, 2016)
“ Supreme Court Politics,” Defining Ideas (April 7, 2016)
“Why Not Third and Fourth Party Candidates for President?” Daily Caller (March 31, 2016)
“The Court After Scalia,” Defining Ideas (March 1, 2016)
“The Clean Power Plan and Partisanship on the Supreme Court,” Inside Sources (February 17, 2016)
“Why Young People Like Bernie Sanders,” Daily Caller (February 9, 2016)
“Humility and the Iowa Caucus,” Daily Caller (February 4, 2016)
“Justice Obama? Hillary Clinton Can’t Be Serious,” Daily Caller (January 28, 2016)
“The New Sagebrush Rebels,” Defining Ideas (January 21, 2016)
“The Civility of the DNC,” Daily Caller (January 15, 2016)
“The Real Cause of Campus Racism,” Defining Ideas (December 15, 2015)
“Where Are the College Presidents Who Still Respect the First Amendment?” Daily Caller (December 14, 2015)
“Do Climate Change Alarmists Have No Shame?” Daily Caller (November 17, 2015)
“Has Being a Skilled Liar Become a Qualification for High Office?” Daily Caller (October 28, 2015)
“The Edmund Burke of Maycomb County,” Defining Ideas (October 8, 2015)
“Global Warming Goes to Court,” Defining Ideas (September 1, 2015)
“A ‘Success’? The Jury’s Still Out on Obamacare,” Daily Caller (August 18, 2015)
“The Case for Banning ‘To Kill a Mockingbird’,” Daily Caller (July 30, 2015)
“For Being a Republican, I Helped Create Donald Trump?” Daily Caller (July 27, 2015)
“Law Schools Are Flunking,” Hoover Digest (June 19, 2015)
“Looting for ‘Justice’,” Defining Ideas (June 10, 2015)
“Laurence Tribe: A ‘Traitor’ to the Environmental Agenda,” Daily Caller (April 10, 2015)
“Paul Krugman and Walmart’s Market Wage,” Daily Caller (March 4, 2015)
“America’s Law School Cartel,” Defining Ideas (February 12, 2015)
“Keystone: Testimony to Regulatory Sclerosis,” Inside Sources (February 9, 2015)
“The Travesty of Signing Day,” Daily Caller (February 5, 2015)
“Unspecified Charges of Voter Suppression Aren’t a ‘Better Politics,’ Mr. President,” Daily Caller (January 22, 2015)
“Columbia Law School Offers Students a Fainting Couch,” Daily Caller (December 9, 2014)
“Do Democrats Really Believe Obama Is Within the Scope of Executive Power?” Daily Caller (November 25, 2014)
“The Academy and the Right To Be Comfortable,” Daily Caller (November 10, 2014)
“The Case Against Early Voting,” Daily Caller (October 30, 2014)
“Overcoming Ideology in our Energy Policies,” Inside Sources (October 23, 2014)
“What the Media Left Out About the Riot in Keene,” Daily Caller (October 20, 2014)
“Leave the President’s Legacy to Historians,” Daily Caller (October 16, 2014)
“When Government Discriminates,” Defining Ideas (October 14, 2014)
“If Voters Need To Be Bribed to Turn Out, Do We Really Want Them Voting?” Daily Caller (August 19, 2014)
“EPA’s New Ozone Standards and the Case for Optimal Pollution,” Daily Caller (August 15, 2014)
“Iowa’s High Court Strikes a Blow for Property Rights,” Inside Sources (August 7, 2014)
“Paul Krugman’s Proof by Repeated Assertion,” Daily Caller (July 29, 2014)
“The DC Circuit Strikes a Blow Against the ACA: Is it Law or Politics?” Daily Caller (July 23, 2014)
“The Problem with a National Energy Policy,” Inside Sources (July 20, 2014)
“The Hobby Lobby Decision Doesn’t Need To Be ‘Fixed’,” Daily Caller (July 14, 2014)
“Is Inequality Worth ‘Fixing’?” Daily Caller (June 5, 2014)
“Do Chimps Have Human Rights?” Defining Ideas (May 21, 2014)
“The Environmental Costs of Environmental Protection,” Inside Sources (May 14, 2014)
“Michael Grimm’s Climate Change About-Face and the Truth about Truth,” Daily Caller (April 28, 2014)
“Keystone Courts,” Defining Ideas (March 12, 2014)
“To get comprehensive tax reform, Sen. Wyden needs to abandon special interest tax extenders,” The Daily Caller (February 24, 2014)
“Washington healthcare exchange puts on sweepstakes for Sasquatch music festival tickets,” The Daily Caller (February 18, 2014)
“The Real Public Servants,” Defining Ideas (February 6, 2014)
“Did the Wall Street Journal and the New York Times read the same CBO report on Obamacare?” The Daily Caller (February 6, 2014)
“The State of the Union is a national embarrassment,” The Daily Caller (January 28, 2014)
“Please do not misgender your students,” The Daily Caller (January 24, 2014)
“If the Senate won’t act on a nomination, the president should find a new one,” The Daily Caller (January 13, 2014)
“Insurance coverage of birth control still makes no sense,” The Daily Caller (January 7, 2014)
“Do chimpanzees have rights?” The Daily Caller (December 27, 2013)
“The ‘public trust doctrine’ and greenhouse gases,” The Oregonian (December 19, 2013)
“Detroit and the problem of positive rights,” The Daily Caller (December 11, 2013)
“The Problem with ‘Job Creation’,” Defining Ideas (December 4, 2013)
“Waiting on Obama at the tarmac,” The Daily Caller (December 2, 2013)
“Why kids and politicians should still memorize the Gettysburg Address,” The Daily Caller (November 19, 2013)
“The ignorant presidency,” The Daily Caller (November 18, 2013)
“Portland businesses, too, have a ‘Right 2 Dream’,” The Oregonian (November 10, 2013)
“When it comes to court packing, Obama is no FDR,” The Daily Caller (November 7, 2013)
“The costs of the shutdown are nothing next to the costs of regulation every year,” The Daily Caller (October 31, 2013)
“The World According to Kipling,” Defining Ideas (October 23, 2013)
“Should states be responsible for beating back climate change?” The Daily Caller (October 22, 2013)
“Beer drinkers victimized by shutdown,” The Daily Caller (October 14, 2013)\
“House Republicans have every right to use the tools at their disposal,” The Daily Caller (October 3, 2013)
“’I’ll Find a Way’; The new ‘We Shall Overcome’,” The Daily Caller (August 30, 2013)
“The equanimity of Justice Ginsburg,” The Daily Caller (August 27, 2013)
“Humility and executive power,” The Daily Caller (August 3, 2013)
“Property rights deserve as much protection as other rights,” The Daily Caller (July 2, 2013)
“The Quiet Americans,” Hoover Digest (July 1, 2013)
“The Tax Collector vs. The Constitution,” Defining Ideas (June 26, 2013)
“Packing the DC Circuit with DC lawyers,” The Daily Caller (June 7, 2013)
“Property rights trump ‘public trust doctrine’ in Turner bison dispute,” Bozeman Daily Chronicle (June 3, 2013)
“The IRS targeting was wrong, even if some of the targeted groups did break law,” The Daily Caller (May 30, 2013)
“What the Supreme Court’s decision in Arlington v. FCC means for America,” The Daily Caller (May 22, 2013)
“Court erodes foundation of stream access,” Great Falls Tribune (May 12, (2013)
“The enduring myth of government job creation,” The Daily Caller (May 10, 2013)
“The government wants me to return my son’s ‘leftover’ Social Security money,” The Daily Caller (April 9, 2013)
“Let Them Drink Big Sodas,” Defining Ideas (April 3, 2013)
“Do we need affirmative action for conservative professors?” The Daily Caller (March 15, 2013)
“With environmental concerns put to rest, will Obama finally approve Keystone?” The Daily Caller (March 2, 2013)
“Perverse Incentives of the Lawyers Guild,” The Wall Street Journal (February 21, 2013)
“The sorry state of the State of the Union address,” The Daily Caller (February 15, 2013)
“The Disenfranchisement of Rural America,” Defining Ideas (February 13, 2013)
“Drone policy isn’t the only area where Obama has stretched his authority,” The Daily Caller (February 7, 2013)
“Social security reform and the entitlement mentality,” The Daily Caller (January 29, 2013)
“DC Circuit gets it right on NLRB appointments,” The Daily Caller (January 26,l 2013)
“Why ‘entitlement’ programs aren’t really entitlements,” The Daily Caller (January 21, 2013)
“Obama’s gun-violence executive orders and the Constitution,” The Daily Caller (January 15, 2013)
“Balance may be good politics, but it’s bad economics,” The Daily Caller (January 8, 2013)
“Lisa Jackson and the limits of executive power,” The Daily Caller (December 31, 2012)
“Nike pact might not be binding,” Statesman Journal (December 13, 2012)
“Debating climate change: Are all doubters really ‘hapless’ or ‘greedy’?” The Oregonian (December 10, 2012)
“Health Care vs. Health Insurance,” Defining Ideas (December 5, 2012)
“Congressional Republicans shouldn’t accept IOU’s,” The Daily Caller (December 3,, 2012)
“Why is my 13-year old daughter eligible for Social Security?” The Daily Caller (November 26, 2012)
“Hey Barack!” The Daily Caller (November 5, 2012)
“It’s the economy, stupid – and the courts,” The Daily Caller (November 1, 2012)
“Is early voting a bad thing?” The Daily Caller (October 27, 2012)
“The buck never stops with Obama or the media,” The Daily Caller (October 23, 2012)
“Krugman unhinged,” The Daily Caller (October 16, 2012)
“What’s Big Bird doing in the federal budget to begin with?” The Daily Caller (October 10, 2012)
“The community organizer vs. the businessman,” The Daily Caller (October 4, 2012)
“Down with ‘Creative’ Government Lawyers,” Defining Ideas (October 4, 2012)
“The New York Times and Mitt Romney’s ‘government handout’,” The Daily Caller (October 3, 2012)
“Broken windows at the White House,” The Daily Caller (September 27, 2012)
“Grub with POTUS? Yuck,” The Daily Caller (September 21, 2012)
“The Constitution is down but not out,” The Daily Caller (September 17, 2012)
“Why modern political conventions are misleading,” The Daily Caller (September 8, 2012)
“Why Clint Eastwood’s speech worked,” The Daily Caller (September 1, 2012)
“The Poison in our politics,” The Daily Caller (August 23, 2012)
“Torture by Tort,” Defining Ideas (August 15, 2012)
“What sports teach us about failure,” The Daily Caller (August 14, 2012)
“Chick-fil-A fracas highlights widespread confusion about First Amendment,” The Daily Caller (August 10, 2012)
“Coal dust is the new spotted owl,” The Daily Caller (August 2, 2012)
“Judge Milan Smith right to criticize Ninth Circuit’s overreach,” The Daily Caller (July 23, 2012)
“The chief justice in Wonderland,” The Daily Caller (July 11, 2012)
“Obamacare ruling is judicial activism of the most pernicious sort,” The Daily Caller (June 28, 2012)
“The real problem with the Bush tax cuts,” The Daily Caller (June 18, 2012)
“Obamacare vs. Federalism,” Defining Ideas (June 7, 2012)
“Supreme Court right to strike down HUD rule,” The Daily Caller (June 4, 2012)
“Obama didn’t flip-flop on gay marriage,” The Daily Caller (May 11, 2012)
“The real confidence fairy,” The Daily Caller (May 4, 2012)
“In lieu of taxes, Congress should pay real value to fund rural timber counties,” The Oregonian (April 29, 2012)
“What the Arizona immigration case is really about,” The Daily Caller (April 26, 2012)
“On bikes and obesity,” The Daily Caller (April 20, 2012)
“Constitutional Footsie,” Defining Ideas (April 13, 2012)
“How Green Is My Folly.” Hoover Digest (April 6, 2012)
“Who’s the extremist?” The Daily Caller (April 11, 2012)
“President Obama sets the state for a political assault on the Supreme Court,” The Daily Caller (April 3, 2012)
“Who owns lands under rivers?” National Law Journal (April 2, 2012) [also appeared in New Jersey Lawyer (April 3, 2012) and Texas Lawyer (April 4, 2012)]
“The individual mandate case is an opportunity to begin restoring the framer’s vision,” The Daily Caller (March 26, 2012)
“Obama tries to have it both ways on Keystone pipeline,” The Daily Caller (March 23, 2012)
“The point of American federalism,” The Daily Caller (March 22, 2012)
“Senators put aside differences to support corporate welfare,” The Daily Caller (March 14, 2012)
“Wind, timber and hypocrisy in the Pacific Northwest,” The Daily Caller (March 9, 2012)
“The Contraception Hawks,” Defining Ideas (March 7, 2012)
“The self-fulfilling prophecy of an all-powerful president,” The Daily Caller (February 28, 2012)
“Rule by government experts is a recipe for tyranny,” February 21. 2012
“A budget worthy of Greece,” The Daily Caller (February 14, 2012)
“Lincoln’s prescient warming,” The Daily Caller (February 13, 2012)
“Newspaper editorialists should stop politicizing every Supreme Court case,” The Daily Caller (February 6, 2012)
“Will Newt Neuter the Courts?” Defining Ideas (January 26, 2012)
“We need a better measure of ‘congressional futility’,” The Daily Caller (January 25, 2012)
“The ‘Commerce Clause Mandate’,” Defining Ideas (January 17, 2012)
“Obama has sent hither swarms of officers to harass our people,” The Daily Caller (January 16, 2012)
“What my seventh-grade daughter learned during her school’s ‘sustainability day’,” The Daily Caller (January 10, 2012)
“But what about Ron Paul?” The Daily Caller (January 4, 2012)
“Durban delegates kick the can down the road,” December 13, 2011)
“Civil disobedience requires more than an illegal tent,” The Daily Caller (November 17, 2011)
“The EU’s ‘Non-Regression’ Gambit,” The Wall Street Journal (Europe Edition) (November 11, 2011)
“D.C. Circuit finds no significant limit on commerce power,” The Daily Caller (November 11, 2011)
“Land use regulation: Don’t call defenders of property rights zealots,” The Oregonian (November 8, 2011)
“Wanted: More Judicial Activism,” Defining Ideas (November 4, 2011)
“Occupy the nation: from Wall Street to Portlandia,” The Daily Caller (October 30, 2011)
“Rigged to Re-Elect,” Hoover Digest (October 12, 2011)
“President Obama must really want to have dinner with me,” The Daily Caller (October 9, 2011)
“Bill McKibben is no Martin Luther King,” The Daily Caller (September 6, 2011)
“Will free health care lead to unnecessary doctor visits?” The Daily Caller (August 31, 2011)
“What’s at stake in the Obamacare cases,” The Daily Caller (August 13, 2011)
“Don’t expect promised spending cuts to materialize,” The Daily Caller (July 25, 2011)
“Environmentalist Wisdom: Shoot One Owl to Save The Other,” The Wall Street Journal (July 30, 2011)
“Supreme Court deals major blow to environmentalists,” The Daily Caller (July 12, 2011)
“Arguments against offshore drilling lack substance,” The Oregonian (June 27, 2011)
“Global warming lawsuit twists concept of public trust,” Missoulian (May 31, 2011)
“Environmentalists’ novel new legal theory,” The Daily Caller (May 20, 2011)
“Redistricting: An open letter to Oregon’s secretary of state,” The Oregonian (May 16, 2011)
“Politics of endangered species,” Washington Times (April 27, 2011)
“How Donor Disclosure Hurts Democracy,” The Wall Street Journal (April 11, 2011)
“Don’t remove the blindfold from justice,” The Oregonian (April 10, 2011)
“The deeper issue beneath the debate over Obamacare,” The Oregonian (February 8, 2011)
“Wyden’s forest bill would stymie state’s timber industry,” Bend Bulletin (June 12, 2010)
“Arrogance always gets its comeuppance,” The Oregonian (January 21. 2010)
“Let us resolve: No whoppers in 2010,” The Oregonian (December 31, 2009)
“A messy merger of science and politics,” The Oregonian (December 10, 2009)
“Legislative shenanigans: Dissing the voters who elected them,” The Oregonian (November 19, 2009)
“Left high and dry in the Klamath Basin?” The Oregonian (October 29, 2009)
“Tracking the wily stimulus dollar,” The Oregonian (October 8, 2009)
“Civics education: In need of more than worthy gestures,” The Oregonian (September 17, 2009)
“Health care: facing the realities of rationing,” The Oregonian (August 27, 2009)
“Rhetorical stimulus: In Oregon parlance, a job really isn’t one,” The Oregonian (August 5, 2009)
“A Mad Scramble for Infrastructure Dollars,” Defining Ideas (August 1, 2009)
“Walking the talk on ‘fedelilty to the law’,” The Oregonian (July 16, 2009)
“Strange bedfellows on property rights,” The Oregonian (June 25, 2009)
“Turning our backs on the Constitution,” The Oregonian (June 4, 2009)
“Doing Business in the public interest,” The Oregonian (May 14, 2009)
“Below the glow of our bright green future,” The Oregonian (April 23, 2009)
“Outraged at those bonuses? Get over it,” The Oregonian (April 2, 2009)
“A reality check on state energy policy,” The Oregonian (March 12, 2009)
“Public access muddies waters,” PERC Reports (March, 2009)
“A spending binge that has no parallel,” The Oregonian (February 23, 2009)
“If you don’t build it, they won’t come,” The Oregonian (January 22, 2009)
“Veepstakes Vicissitudes,” The Washington Times (September 1, 2008)
“Property Rights and Wrongs,” The Washington Times (July 26, 2008)
“Little Guys, Big Guys: Both Have Rights,” The Oregonian (October 17, 2007)
“Property-Rights Showdown,” The Wall Street Journal (July 21, 2007)
“The Perfect Storm,” Brainstorm NW, (April, 2007)
“Measure 37: The Billion-Dollar Gift Never Given,” The Oregonian (March 26, 2007).
“A Different Context: Using Clients to Impugn Lawyers,” The National Law Journal (March 19, 2007).
“Suspending the Law,” The Oregonian (January 18, 2007).
“Implementing Measure 37,” The Oregonian (April 19, 2006).
“Transferability is Key to Property Rights,” The Oregonian (April 19, 2006).
“Compensation on Property Use isn’t a Windfall,” The Oregonian (October 23, 2005).
“Consent or Not,” The Washington Times (May 19, 2003).
“Politics Already Part of Judicial Selection,” The Oregonian (May 12, 2002).
“Concluding Remarks,” American Judicature Society Symposium: Selecting Federal Judges; The Role of the Executive and Legislative Branches, 86 Judicature 34 (2002).
“Court Ruling was Correct,” The National Law Journal (August 6, 2001) A25.
“Interior Needs a Free Market Approach,” Los Angeles Times (January 23, 2001) B9.
“Justices Boost Federalism Again,” The National Law Journal (January 22, 2001) A17.
“Law Defines Role for Florida Legislature,” The Washington Times (December 1, 2000).
“Courts Won’t Have the Real Last Word on Election,” The Oregonian (December 1, 2000).
“Legal Academics are Ducking the Clinton Issue,” The National Law Journal (January 25, 1999) A26.
“Lopez Pops Feds’ Ballooning Powers,” The National Law Journal A21.
“Supreme Court Actions Misinterpreted,” The Oregonian (May 5, 1995) C7.
“Dolan v. City of Tigard: Another Step in the Restoration of the Takings Clause,” 5 NRLI News 7 (1994).
“Without Just Compensation, It is Just a Taking,” 16 The National Law Journal (May 30, 1994) A19.
“The Right Direction,” (comment on Lucas v. South Carolina Coastal Commission) 4 NRLI News 3 (1993).
“Salmon Issue Will Spawn Many Economic Effects,” Puget Sound Business Journal (December 4-10, 1992, p.7).
“Truth and Values in Environmental Policy,” 1 NRLI News 10 (#2) (1990).
“Can Farmers and Hunters Coexist: Fee Hunting and Other Alternatives,” 6Ag. Law Updates #1, p.4 (1988).
“The Public Trust Doctrine: Trampling on Property Rights While Harming the Environment,” PERC Viewpoints No. 5 (1988).
“The Courts and National Forest Management,” 2 Tomorrow’s Forests 12 (#3) (1987).
“Disaster Mitigation and Government Liability,” 9 Natural Hazards Observer 1 (May, 1985).
“The Role of Courts in the Implementation and Administration of Environmental Legislation,” 3 The Advocate (No.2) 9 (1984).
“A Distant Perspective on American Law,” 2 The Advocate (No. 2) 4 (1983).
“Statewide Land Use Planning: A Process in Search of a Purpose,” InSite #57, page 4 (1979).

Book Reviews

Book Review: ‘A Climate of Crisis’ by Patrict Allitt, Wall Street Journal (April 23, 2014)
Like the Supreme Court, Posner Is Right for the Wrong Reasons, 2002 Law, Probability and Risk 67 (2002).
Justice Breyer’s Case for Centralized Executive Government, 1995 The Public Interest Law Review 167 (1995).
Civilization in the Balance: Comments on Senator Al Gore’s Earth in the Balance, 23 Environmental Law 233 (1993).
Review of “Theoretical Perspectives on Sexual Difference”, 38 The American Journal of Jurisprudence 411 (1993).
Truth, Purpose and Public Policy: Science and Democracy in the Search for Safety, 21 Environmental Law 1091 (1991).
A Coherent Takings Theory At Last: Comments on Richard Epstein’s “Takings: Private Property and the Power of Eminent Domain”, 17 Environmental Law 153 (1986).
Review of “Regulation of Flood Hazard Areas to Reduce Flood Losses,” Volume 3, 2 International Journal of Mass Emergencies and Disasters 439 (1984).
Pollution and Policy: A Case Essay on California and Federal Experience with Motor Vehicles Air Pollution, 1940-1975, 9 Environmental Law 441 (1979).
Public Trusts: Gaining Access to the Courts, 8 Environmental Law 217 (1978).
The Last Stand, 5 Environmental Law 365 (1975).
Trees As a Minority, 5 Environmental Law 199 (1974).

Copy Link