Business and the Roberts Court

Author: Jonathan H. Adler

Publisher: Oxford University Press

ISBN: 0199859345

Category: Commercial law

Page: 352

View: 9956

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In recent years, the Supreme Court appears to have taken a greater interest in "business" issues. Does this reflect a change in the Court's orientation, or is it the natural outcome of the appellate process? Is the Court "pro-business"? If so, in what ways do the Court's decisions support business interests and what does that mean for the law and the American public? Business and the Roberts Court provides the first critical analysis of the Court's business-related jurisprudence. In this volume, prominent academics examine the Roberts Court's handling of business-related cases, through a series of empirical and doctrinal analyses. Issues covered include securities law, antitrust, labor law, preemption, and environmental law, among others. Business law and regulatory cases touch on many important legal doctrines and can have far-reaching effects. Understanding the bases upon which the Supreme Court decides business-related cases is of tremendous importance to practitioners and academics. It can also further greater understanding of one of the nation's most important government institutions. These issues are of interest to academics, but also of practical importance to Supreme Court and business practitioners.

The Roberts Court

The Struggle for the Constitution

Author: Marcia Coyle

Publisher: Simon and Schuster

ISBN: 1451627513

Category: History

Page: 407

View: 4111

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A National Law Journal correspondent and forefront expert on the Supreme Court traces the first seven years of the Roberts Court to report on its direction and the resolutions of five landmark cases on race, guns, immigration, campaign finance and health care.

The New Roberts Court, Donald Trump, and Our Failing Constitution

Author: Stephen M. Feldman

Publisher: Springer

ISBN: 331956451X

Category: Political Science

Page: 274

View: 2242

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This book traces the evolution of the constitutional order, explaining Donald Trump’s election as a symptom of a degraded democratic-capitalist system. Beginning with the framers’ vision of a balanced system—balanced between the public and private spheres, between government power and individual rights—the constitutional order evolved over two centuries until it reached its present stage, Democracy, Inc., in which corporations and billionaires wield herculean political power. The five conservative justices of the early Roberts Court, including the late Antonin Scalia, stamped Democracy, Inc., with a constitutional imprimatur, contravening the framers’ vision while simultaneously claiming to follow the Constitution’s original meaning. The justices believed they were upholding the American way of life, but they instead placed our democratic-capitalist system in its gravest danger since World War II. With Neil Gorsuch replacing Scalia, the new Court must choose: Will it follow the early Roberts Court in approving and bolstering Democracy, Inc., or will it restore the crucial balance between the public and private spheres in our constitutional system?

In the Balance: Law and Politics on the Roberts Court

Author: Mark Tushnet

Publisher: W. W. Norton & Company

ISBN: 0393073440

Category: Law

Page: 324

View: 6908

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Examines the initial years of the Roberts Court, covering the legal philosophies that have informed decisions on such major cases as the Affordable Care Act, the political structures behind appointments, and the struggle for dominance of the Court.

Federalism and Subsidiarity

NOMOS LV

Author: James E. Fleming,Jacob T Levy

Publisher: NYU Press

ISBN: 1479875554

Category: Law

Page: 464

View: 4128

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In Federalism and Subsidiarity, a distinguished interdisciplinary group of scholars in political science, law, and philosophy address the application and interaction of the concept of federalism within law and government. What are the best justifications for and conceptions of federalism? What are the most useful criteria for deciding what powers should be allocated to national governments and what powers reserved to state or provincial governments? What are the implications of the principle of subsidiarity for such questions? What should be the constitutional standing of cities in federations? Do we need to “remap” federalism to reckon with the emergence of translocal and transnational organizations with porous boundaries that are not reflected in traditional jurisdictional conceptions? Examining these questions and more, this latest installation in the NOMOS series sheds new light on the allocation of power within federations.

The U.S. Supreme Court and New Federalism

From the Rehnquist to the Roberts Court

Author: Christopher P. Banks,John C. Blakeman

Publisher: Rowman & Littlefield Publishers

ISBN: 1442218584

Category: Law

Page: 362

View: 374

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Constitutional scholars Christopher P. Banks and John C. Blakeman offer the most current and the first book-length study of the U.S. Supreme Court’s “new federalism” begun by the Rehnquist Court and now flourishing under Chief Justice John Roberts. While the Rehnquist Court reinvorgorated new federalism by protecting state sovereignty and set new constitutional limits on federal power, Banks and Blakeman show that in the Roberts Court new federalism continues to evolve in a docket increasingly attentive to statutory construction, preemption, and business litigation

The Supreme Court Compendium

Data, Decisions, and Developments

Author: Lee Epstein,Jeffrey A. Segal,Harold J. Spaeth,Thomas G. Walker

Publisher: CQ Press

ISBN: 148337663X

Category: Law

Page: 872

View: 8118

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The Supreme Court Compendium provides historical and statistical information on the Supreme Court: its institutional development; caseload; decision trends; the background, nomination, and voting behavior of its justices; its relationship with public, governmental, and other judicial bodies; and its impact. With over 180 tables and figures, this new edition is intended to capture the full retrospective picture through the 2013-2014 term of the Roberts Court and the momentous decisions handed down within the last four years, including United States v. Windsor, National Federation of Independent Business v. Sebelius, and Shelby County v. Holder.