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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’s work focuses on three areas: policy analysis, risk regulation, and constitutional theory.
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Matthew Adler’s work focuses on three areas: policy analysis, risk regulation, and constitutional theory. He is the author of numerous articles and several books, including New Foundations of Cost-Benefit Analysis (Harvard, 2006; co-authored with Eric Posner); and of the forthcoming Well-Being and Equity: A Framework for Policy Analysis, which systematically discusses how to integrate considerations of fair distribution into policy analysis (Oxford 2010). Adler is an editor of Legal Theory, the leading journal in the area of law and philosophy. His edited volume, The Rule of Recognition and the U.S. Constitution (Oxford 2009; edited with Ken Himma) is an innovative work at the intersection of jurisprudence and constitutional theory, which discusses the applicability of H.L.A.’s notion of a “rule of recognition” to the U.S. legal system. Adler was recognized by law students in 2001 and 2006 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
Visiting Professor - Columbia, University of Chicago, University of Virginia
Law Clerk to Judge Harry Edwards, U.S. Court of Appeals for the D.C. Circuit (1991-92)
Law Clerk to Justice Sandra Day O'Connor, U.S. Supreme Court (1992-93)
Paul, Weiss, Rifkind, Wharton & Garrison, New York, N.Y. - Associate (1994)
Representative Publications
WELL-BEING AND EQUITY: A FRAMEWORK FOR POLICY ANALYSIS (Oxford University Press, forthcoming 2010).
THE RULE OF RECOGNITION AND THE CONSTITUTION (Oxford University Press, forthcoming 2009) (co-edited with Kenneth Himma).
Future Generations: A Prioritarian View, 77 GEO. WASH. L. REV. 1478 (2009) (contribution to symposium on future generations).
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Risk Equity: A New Proposal, 32 HARV. ENVTL. L. REV. 1 (2008).
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Happiness Research and Cost-Benefit Analysis, 37 J. LEGAL STUD. S253 (2008) (co-authored with Eric Posner).
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Policy Analysis for Natural Hazards: Some Cautionary Lessons from Environmental Policy Analysis, 32 ADMIN. & REG. L. 11 (2007).
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Corrective Justice and Liability for Global Warming, 155 U. PA . L. REV. 1859 (2007).
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Economic Growth and the Interests of Future (and Past and Present) Generations: A Comment on Tyler Cowen, 74 U. CHI. L. REV. 41 (2007)
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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)
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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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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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COST-BENEFIT ANALYSIS: LEGAL, ECONOMIC AND PHILOSOPHICAL PERSPECTIVES (2000) (with ERIC POSNER).
Rights, Rules, and the Structure of Constitutional Adjudication: A Response to Professor Fallon, 113 HARV. L. REV. 1371 (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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For additional publications, please consult
Current & Recent Research
Current Working Papers
Bounded Rationality and Legal Scholarship, in THE METHODOLOGY OF LAW AND ECONOMICS (Mark White ed., Cambridge University Press, forthcoming 2008).
Why De Minimis? (working paper)
Well-Being, Inequality and Time: The Time Slice Problem and its Policy Implications (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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