Jim Huffman

Born in Fort Benton, Montana, Jim holds degrees from Montana State University, Tufts University, and the University of Chicago Law School. Jim taught for 38 years at Lewis & Clark Law School and served as Dean from 1993 to 2006. Jim is co-founder of Northwest Free Press nd currently serves on the Hoover Institution Task Force on Property Rights, Freedom and Prosperity. Jim was a Distinguished Bradley Scholar at the Heritage Foundation and serves on the boards of the Foundation for Research on Economics and the Environment, the Classroom Law Project and the Rocky Mountain Mineral Law Foundation. He is a member and former Chair of the Executive Committee of the Environment and Property Rights Practice Group of the Federalist Society. Jim is a member of the Montana Bar Association and is admitted to practice before the United States Court of Appeals for the Federal Circuit and the United States Supreme Court. Jim is the author of more than 150 articles and chapters and dozens of op-eds on a wide array of legal and policy topics. In 2010 Jim was the Republic nominee for United States Senator for Oregon

Making Up the Law

Making Up the Law

Originally published in The Oregonian, December 19, 2013 – The ‘public trust doctrine’ and greenhouse gases – Friends don’t let friends misstate the law, particularly when those friends purport to speak with professorial authority.  So I must offer a different view from that expressed by my friends Mike Blumm and Mims Wood (“Court cases put state’s stewardship […]

Lessons from Detroit

Lessons from Detroit

Originally published at The Daily Caller, December 11, 2013 – Detroit and the problem of positive rights – Nearly a half century ago, the late Frank Michelman argued that the equal protection clause of the U.S. Constitution should be understood to guarantee some minimum welfare to all Americans. Over the intervening decades that theme has inspired […]

The Problem with ‘Job Creation’

The Problem with ‘Job Creation’

Originally published at Defining Ideas, December 4, 2013 – In the next election, politicians should reconsider their rhetoric when it comes to the economy. Though hard to believe, and painful to contemplate, Americans face another round of elections in barely a year’s time. If the last few elections are any indication, we will hear a […]

Waiting on Obama

Waiting on Obama

Originally published in The Daily Caller, December 2, 2013 – Waiting on Obama at the Tarmac – Last Monday morning we awoke to news of a pending storm in the Northeast. We were scheduled to fly Tuesday from Portland, Oregon, to New York for Thanksgiving, arriving about the same time as the forecast storm. So my wife […]

Words Worth Memorizing

Words Worth Memorizing

Originally published in The Daily Caller, November 19, 3013 – Why kids, and politicians, should still memorize the Gettysburg Address – 150 years ago today President Abraham Lincoln spoke 277 words that, for generations, were memorized by students in schools across this great nation. Some of those former students, now drawing social security, still remember […]

The Ignorant Presidency

The Ignorant Presidency

Originally published in The Daily Caller, November 18, 2013 – Is it the imperial presidency, the impudent presidency, or just the ignorant presidency? For some time I have thought it was the first, with a dose of the second. I figured President Obama for a man who thinks so well of himself and his notion […]

The City that Doesn’t Work

The City that Doesn’t Work

Originally published in The Oregonian, November 10, 2013 – Portland small businesses have a ‘Right 2 Dream” too – Thirty three years ago, Alexis and Elias Bakouros and Gerry Tsirimiagos opened a Greek restaurant on the corner of NW Second and Burnside in Portland. Their food was superb, the atmosphere that of an Athens taverna and, […]

Court Packing?

Court Packing?

Originally published in The Daily Caller, November 7, 2013 – When it comes to court packing, Obama is no FDR – Senators Ted Cruz and Mike Lee claim that President Obama is engaged in the nefarious business of “court packing.” They object that by nominating individuals to fill the three vacant positions on the federal […]

Do We Really Lose When Regulators Stay Home?

Do We Really Lose When Regulators Stay Home?

Originally published in The Daily Caller, October 31, 2013 – The costs of the shutdown are nothing next to the costs of regulation every year – Everybody seems to agree that the federal government “shutdown” cost the U.S. economy at least $24 billion, an estimate generated by the financial ratings agency Standard and Poor’s and repeated […]

Independence

Independence

Originally published in Defining Ideas, October 23, 2013 – The World According to Kipling –  At a time when Americans are becoming increasingly dependent, here is a reminder of what liberty and independence really are. On October 10, 1923, Nobel Prize–winning author Rudyard Kipling delivered the Rectorial Address to the students of St. Andrews University […]

No Role for Courts in Climate Policy

No Role for Courts in Climate Policy

Originally published in The Daily Caller, October 22, 2013 – Should states be responsible for beating back climate change? – As part of a nationwide strategy to get the state and federal courts to do what the elected representatives of the people and their executive agencies have declined to do on the subject of climate […]

Where’s the Beer?

Where’s the Beer?

Originally published in The Daily Caller, October 14, 2013 – Beer Drinkers Victimized by Shutdown – While it is difficult to sympathize with most furloughed federal employees, who know full well that they will receive retroactive compensation and are thus enjoying a little paid time off — never in past shutdowns have furloughed employees not […]

Government Shutdown

Government Shutdown

Originally published in The Daily Caller, October 3, 2013 – House Republicans have every right to use the tools at their disposal – On Monday, some clever folks at seemingly all of the television news networks came up with the idea of an onscreen clock counting down to the federal government shutdown. As the clocks […]

I’ll Find a Way

I’ll Find a Way

Originally published in The Daily Caller, August 30, 2013 – The New “We Shall Overcome” – While President Obama was delivering remarks commemorating the 50th anniversary of Martin Luther King’s “I have a dream” speech at the Lincoln Memorial, I was driving to Portsmouth, New Hampshire, with my teenage son and daughter to hear one […]

Justice Ginsburg and Judicial Activism

Justice Ginsburg and Judicial Activism

Originally published in The Daily Caller, August 27, 2013 – The Equanimity of Justice Ginsburg – The New York Times reported on Sunday that Justice Ruth Bader Ginsburg does not plan to retire from the Supreme Court so that President Obama will be able to nominate her replacement. “I love my job,” the justice is […]

Showdown at Yucca Mountain

Showdown at Yucca Mountain

Originally published in The Daily Caller, August 15, 2013 – By a 2-1 vote, a panel of the United States Court of Appeals for the District of Columbia ruled this week that the Nuclear Regulatory Commission (NRC) must proceed with its evaluation of the Energy Department’s license application for a nuclear waste storage site at Nevada’s Yucca […]

Humility and Executive Power

Humility and Executive Power

Originally published in The Daily Caller, August 3, 2013 – In a recent Wall Street Journal commentary, Daniel Henninger urged Republicans and Democrats to be wary of President Obama’s “creeping authoritarianism.” It is a recurrent theme among conservative and libertarian commentators, and surely they have a point. The empirical evidence of executive aggrandizement, not to mention the […]

A Win for Private Property

A Win for Private Property

Originally published in The Daily Caller, July 2, 2013 – Property rights deserve as much protection as other rights – Last week, the Supreme Court handed down its decision in Koontz v. St. Johns River Water Management District, one of the biggest property rights cases in years. The case was brought by Coy Koontz, a […]

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