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Tel: 215.898.4571
Fax: 215.573.2025
Email: madler@law.upenn.edu
Expertise
- Administrative Law
- Constitutional Law
- Social Science and the Law
Bio
Matthew Adler is a prolific and respected scholar in the areas of constitutional law, administrative law, regulation, and legal theory.
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Matthew Adler is a prolific and respected scholar in the areas of constitutional law, administrative law, regulation, and legal theory. He is particularly interested in the application of rigorous philosophical techniques to problems of public law. Since his appointment to the Penn faculty in 1995, Adler has published almost 50 articles or shorter scholarly works, including publications in such prestigious journals as the Harvard, Yale, Duke, Michigan, Minnesota, Northwestern, NYU, Virginia, and University of Pennsylvania Law Reviews, the Supreme Court Review, the Journal of Legal Studies, and Legal Theory as well as his recent book co-authored with Eric Posner, New Foundations of Cost-Benefit Analysis. Adler's scholarship focuses on three areas. The first is policy analysis, including cost-benefit analysis, the distributive implications of policy choice, alternative metrics such as QALYs, the use of surveys to measure well-being, incommensurability, the choice between lifetime and sublifetime perspectives, bounded rationality and other issues. The second is risk regulation. Adler's next book project is to explore the normative foundations of risk regulation from both welfarist and non-welfarist perspectives. The third is constitutional theory. Adler's early work in this area concerned the structure of constitutional rights, and he has more recently published a series of articles about the applicability of H.L.A. Hart's notion of a "rule of recognition" to the U.S. Constitution. Adler has also been recognized in 2001 and 2006 by students with the Harvey Levin Memorial Award for Excellence in Teaching. In 2007, he received the University’s Lindback Award for Distinguished Teaching.
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Representative Professional Positions
Penn Law - Leon Meltzer Professor of Law (2006 -); Professor (2000-06); Assistant Professor (1995-2000); Fellow, Institute for Law and Economics
Virginia - Visiting Professor, fall 2002.
Paul, Weiss, Rifkind, Wharton & Garrison, New York, N.Y. - Associate (1994)
Law Clerk to Justice Sandra Day O'Connor, U.S. Supreme Court (1992-93)
Law Clerk to Judge Harry Edwards, U.S. Court of Appeals for the D.C. Circuit (1991-92)
Representative Publications
Inequality and Uncertainty: Theory and Legal Applications, 155 U. PA. L. REV. 279 (2006). (Joint work: Matthew Adler & Chris Sanchirico).
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NEW FOUNDATIONS OF COST BENEFIT ANALYSIS (2006) (with Eric Posner).
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Constitutional Fidelity, The Rule of Recognition, and the Communitarian Turn in Contemporary Positivism, 75 FORDHAM L. REV. 1671 (2006).
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Policy Analysis for Natural Hazards, 56 DUKE L.J. 1 (2006)
Welfare Polls: A Synthesis, 81 N.Y.U. L. REV. 1875 (2006).
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Equity Analysis and Natural Hazards Policy, in ON RISK AND DISASTER: LESSONS FROM HURRICANE KATRINA 129 (Ronald Daniels et al. eds., 2006)
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Popular Constitutionalism and the Rule of Recognition: Whose Practices Ground U.S. Law?, 100 NW. U. L. REV. 719 (2006).
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QALYs and Policy Evaluation: A New Perspective, 6 YALE J. HEALTH POL’Y, L. & ETHICS 1 (2006).
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Justification, Legitimacy, and Administrative Governance, Issues in Legal Scholarship, Article 3 (2005).
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Against 'Individual Risk': A Sympathetic Critique of Risk Assessment, 153 U. PA. L. REV. 1121 (2005).
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Fear Assessment: Cost-Benefit Analysis and the Pricing of Fear and Anxiety, 79 CHI. -KENT L. REV 977 (2004).
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Risk, Death and Harm: The Normative Foundations of Risk Regulation, 87 MINN. L. REV. 1293 (2003).
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The Puzzle of "Ex Ante Efficiency": Does Rational Approvability Have Moral Weight?, 151 U. PA. L. REV. 1255 (2003).
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Constitutional Existence Conditions and Judicial Review, 89 VA. L. REV. 1105 (2003) (with Michael C. Dorf).
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Rational Choice, Rational Agenda-Setting and Constitutional Law: Does the Constitution Require Basic or Strengthened Public Rationality?, in LINKING LAW AND POLITICAL SCIENCE (Christoph Engel & Adrienne Heritier eds., 2003).
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COST-BENEFIT ANALYSIS: LEGAL, ECONOMIC AND PHILOSOPHICAL PERSPECTIVES (2000) (with ERIC POSNER).
Beyond Efficiency and Procedure: A Welfarist Theory of Regulation, 28 FLA. ST. U. L. REV. 241 (2000) (contribution to symposium on regulatory theory, with responses by Rob Atkinson and Dan Rodriguez).
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Rights, Rules, and the Structure of Constitutional Adjudication: A Response to Professor Fallon, 113 HARV. L. REV. 1371 (2000).
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Personal Rights and Rule-Dependence: Can the Two Coexist?, 6 LEGAL THEORY 337 (2000).
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Expressive Theories of Law: A Skeptical Overview, 148 U. PA. L. REV. 1363 (2000) (with a response by Elizabeth Anderson and Richard Pildes).
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Implementing Cost-Benefit Analysis when Preferences are Distorted, 29 J. LEGAL STUD. 1105 (2000) (with Eric Posner) (also published as a chapter in COST-BENEFIT ANALYSIS: LEGAL, ECONOMIC AND PHILOSOPHICAL PERSPECTIVES).
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Rethinking Cost-Benefit Analysis, 109 YALE L.J. 165 (1999) (with Eric Posner).
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Incommensurability, Incomparability and Practical Reason (book review), 19 PHIL. IN REV. 168 (1999).
Rights Against Rules: The Moral Structure of American Constitutional Law, 97 MICH. L. REV. 1 (1998).
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The New Etiquette of Federalism: New York, Printz and Yeskey, 1998 SUP. CT. REV. 71 (with Seth Kreimer).
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For additional publications, please consult
Current & Recent Research
Current Working Papers
THE RULE OF RECOGNITION AND THE CONSTITUTION (Oxford University Press, forthcoming 2009) (co-edited with Kenneth Himma).
Risk Equity: A New Proposal, HARV. ENVTL. L. REV. (forthcoming 2008).
Happiness Research and Cost-Benefit Analysis, J. LEGAL STUD. (forthcoming 2008) (co-authored with Eric Posner).
Bounded Rationality and Legal Scholarship, in THE METHODOLOGY OF LAW AND ECONOMICS (Mark White ed., Cambridge University Press, forthcoming 2008).
Well-Being, Inequality and Time: The Time Slice Problem and its Policy Implications (working paper)
Why De Minimis? (working paper)
Representative Professional Activities
Co-organizer, Conference on Constitutional Theory (annual conference of leading constitutional theorists, at Vanderbilt Law School, NYU Law School, and Penn Law; first session, April 2003; second session, October 2004; third session, April 2006).
Co-organized Symposia on: Risk and the Law, Penn Law, 2005; Preferences and Rational Choice, Penn Law, 2002; Rights and Rules, Columbia, 1999; Cost-Benefit Analysis, Univ. of Chicago, 1999; Law and Incommensurability, Penn Law, 1998.
Co-editor (with Brian Bix) of CONSTITUTIONAL LAW, JURISPRUDENCE, AND LEGAL PHILOSOPHY ABSTRACTS (on-line SSRN journal publishing abstracts of working papers and forthcoming articles).
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