ISBN : 9780199859344
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.
Introduction: In Search of the Pro-Business Court
Jonathan H. Adler
Business, the Roberts Court, and the Solicitor General: A Further Exploration
Bradley W. Joondeph
Is the Court Business-Friendly? Is the Pope Catholic?
J. Mitchell Pickerill
Richard J. Lazarus
Securities Law in the Roberts Court: Agenda or Indifference?
Civil Procedure in the Roberts Court
Brian T. Fitzpatrick
The Roberts Court and the Limits of Antitrust
Thomas A. Lambert
Preemption in the Roberts Court: Dual Federalism By Another Name?
Roderick M. Hills, Jr.
In the Business of Free Speech: The Roberts Court and Citizens United
Joel M. Gora
Employment Law in the Roberts Court: Public Goals, Private Enforcement
Matthew T. Bodie
Business as Usual? The Roberts Court and Environmental Law
Jonathan H. Adler