Business And The Roberts Court

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Business and the Roberts Court

Jonathan H. Adler
Business and the Roberts Court Book PDF

Author : Jonathan H. Adler
Publisher : Oxford University Press
Page : 288 pages
File Size : 51,5 Mb
Release : 2016-06-20
Category : Law
ISBN : 9780190620912

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Business and the Roberts Court by Jonathan H. Adler Pdf

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

Marcia Coyle
The Roberts Court Book PDF

Author : Marcia Coyle
Publisher : Simon and Schuster
Page : 416 pages
File Size : 49,8 Mb
Release : 2013-05-07
Category : Political Science
ISBN : 9781451627534

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The Roberts Court by Marcia Coyle Pdf

The Roberts Court, seven years old, sits at the center of a constitutional maelstrom. Through four landmark decisions, Marcia Coyle, one of the most prestigious experts on the Supreme Court, reveals the fault lines in the conservative-dominated Court led by Chief Justice John Roberts Jr. Seven minutes after President Obama put his signature to a landmark national health care insurance program, a lawyer in the office of Florida GOP attorney general Bill McCollum hit a computer key, sparking a legal challenge to the new law that would eventually reach the nation’s highest court. Health care is only the most visible and recent front in a battle over the meaning and scope of the U.S. Constitution. The battleground is the United States Supreme Court, and one of the most skilled, insightful, and trenchant of its observers takes us close up to watch it in action. Marcia Coyle’s brilliant inside account of the High Court captures four landmark decisions—concerning health care, money in elections, guns at home, and race in schools. Coyle examines how those cases began—the personalities and conflicts that catapulted them onto the national scene—and how they ultimately exposed the great divides among the justices, such as the originalists versus the pragmatists on guns and the Second Amendment, and corporate speech versus human speech in the controversial Citizens United campaign case. Most dramatically, her analysis shows how dedicated conservative lawyers and groups are strategizing to find cases and crafting them to bring up the judicial road to the Supreme Court with an eye on a receptive conservative majority. The Roberts Court offers a ringside seat at the struggle to lay down the law of the land.

Uncertain Justice

Laurence Tribe,Joshua Matz
Uncertain Justice Book PDF

Author : Laurence Tribe,Joshua Matz
Publisher : Henry Holt and Company
Page : 416 pages
File Size : 51,5 Mb
Release : 2014-06-03
Category : Political Science
ISBN : 9780805099133

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Uncertain Justice by Laurence Tribe,Joshua Matz Pdf

With the Supreme Court more influential than ever, this eye-opening book tells the story of how the Roberts Court is shaking the foundation of our nation's laws From Citizens United to its momentous rulings regarding Obamacare and gay marriage, the Supreme Court under Chief Justice John Roberts has profoundly affected American life. Yet the court remains a mysterious institution, and the motivations of the nine men and women who serve for life are often obscure. Now, in Uncertain Justice, Laurence Tribe and Joshua Matz show the surprising extent to which the Roberts Court is revising the meaning of our Constitution. This essential book arrives at a make-or-break moment for the nation and the court. Political gridlock, cultural change, and technological progress mean that the court's decisions on key topics—including free speech, privacy, voting rights, and presidential power—could be uniquely durable. Acutely aware of their opportunity, the justices are rewriting critical aspects of constitutional law and redrawing the ground rules of American government. Tribe—one of the country's leading constitutional lawyers—and Matz dig deeply into the court's recent rulings, stepping beyond tired debates over judicial "activism" to draw out hidden meanings and silent battles. The undercurrents they reveal suggest a strikingly different vision for the future of our country, one that is sure to be hotly debated. Filled with original insights and compelling human stories, Uncertain Justice illuminates the most colorful story of all—how the Supreme Court and the Constitution frame the way we live.

In the Balance: Law and Politics on the Roberts Court

Mark Tushnet
In the Balance Law and Politics on the Roberts Court Book PDF

Author : Mark Tushnet
Publisher : W. W. Norton & Company
Page : 352 pages
File Size : 41,9 Mb
Release : 2013-09-30
Category : Law
ISBN : 9780393241433

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In the Balance: Law and Politics on the Roberts Court by Mark Tushnet Pdf

An examination of the initial years of the Roberts Court and the intellectual battle between Roberts and Kagan for leadership. When John Roberts was appointed chief justice of the Supreme Court, he said he would act as an umpire. Instead, his Court is reshaping legal precedent through decisions unmistakably—though not always predictably—determined by politics as much as by law, on a Court almost perfectly politically divided. Harvard Law School professor and constitutional law expert Mark Tushnet clarifies the lines of conflict and what is at stake on the Supreme Court as it hangs “in the balance” between its conservatives and its liberals. Clear and deeply knowledgeable on both points of law and the Court’s key players, Tushnet offers a nuanced and surprising examination of the initial years of the Roberts Court. Covering the legal philosophies that have informed decisions on major cases such as the Affordable Care Act, the political structures behind Court appointments, and the face-off between John Roberts and Elena Kagan for intellectual dominance of the Court, In the Balance is a must-read for anyone looking for fresh insight into the Court’s impact on the everyday lives of Americans.

The Chief

Joan Biskupic
The Chief Book PDF

Author : Joan Biskupic
Publisher : Basic Books
Page : 415 pages
File Size : 44,5 Mb
Release : 2019-03-26
Category : Biography & Autobiography
ISBN : 9780465093281

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The Chief by Joan Biskupic Pdf

An incisive biography of the Supreme Court's enigmatic Chief Justice, taking us inside the momentous legal decisions of his tenure so far. John Roberts was named to the Supreme Court in 2005 claiming he would act as a neutral umpire in deciding cases. His critics argue he has been anything but, pointing to his conservative victories on voting rights and campaign finance. Yet he broke from orthodoxy in his decision to preserve Obamacare. How are we to understand the motives of the most powerful judge in the land? In The Chief, award-winning journalist Joan Biskupic contends that Roberts is torn between two, often divergent, priorities: to carry out a conservative agenda, and to protect the Court's image and his place in history. Biskupic shows how Roberts's dual commitments have fostered distrust among his colleagues, with major consequences for the law. Trenchant and authoritative, The Chief reveals the making of a justice and the drama on this nation's highest court.

The Origins of Business, Money, and Markets

Keith Roberts
The Origins of Business Money and Markets Book PDF

Author : Keith Roberts
Publisher : Columbia University Press
Page : 381 pages
File Size : 53,5 Mb
Release : 2011-06-28
Category : Business & Economics
ISBN : 9780231526852

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The Origins of Business, Money, and Markets by Keith Roberts Pdf

To understand business and its political, cultural, and economic context, it helps to view it historically, yet most business histories look no further back than the nineteenth century. The full sweep of business history actually begins much earlier, with the initial cities of Mesopotamia. In the first book to describe and explain these origins, Roberts depicts the society of ancient traders and consumers, tracing the roots of modern business and underscoring the relationship between early and modern business practice. Roberts's narrative begins before business, which he defines as selling to voluntary buyers at a profit. Before business, he shows, the material conditions and concepts for the pursuit of profit did not exist, even though trade and manufacturing took place. The earliest business, he suggests, arose with the long distance trade of early Mesopotamia, and expanded into retail, manufacturing and finance in these command economies, culminating in the Middle Eastern empires. (Part One) But it was the largely independent rise of business, money, and markets in classical Greece that produced business much as we know it. Alexander the Great's conquests and the societies that his successors created in their kingdoms brought a version of this system to the old Middle Eastern empires, and beyond. (Part Two) At Rome this entrepreneurial market system gained important new features, including business corporations, public contracting, and even shopping malls. The story concludes with the sharp decline of business after the 3rd century CE. (Part Three) In each part, Roberts portrays the major new types of business coming into existence. He weaves these descriptions into a narrative of how the prevailing political, economic, and social culture shaped the nature and importance of business and the status, wealth, and treatment of business people. Throughout, the discussion indicates how much (and how little) business has changed, provides a clear picture of what business actually is, presents a model for understanding the social impact of business as a whole, and yields stimulating insights for public policy today.

The Burger Court and the Rise of the Judicial Right

Michael J. Graetz,Linda Greenhouse
The Burger Court and the Rise of the Judicial Right Book PDF

Author : Michael J. Graetz,Linda Greenhouse
Publisher : Simon and Schuster
Page : 480 pages
File Size : 53,8 Mb
Release : 2017-06-06
Category : History
ISBN : 9781476732510

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The Burger Court and the Rise of the Judicial Right by Michael J. Graetz,Linda Greenhouse Pdf

The magnitude of the Burger Court has been underestimated by historians. When Richard Nixon ran for president in 1968, "Impeach Earl Warren" billboards dotted the landscape, especially in the South. Nixon promised to transform the Supreme Court--and with four appointments, including a new chief justice, he did. This book tells the story of the Supreme Court that came in between the liberal Warren Court and the conservative Rehnquist and Roberts Courts: the seventeen years, 1969 to 1986, under Chief Justice Warren Burger. It is a period largely written off as a transitional era at the Supreme Court when, according to the common verdict, "nothing happened." How wrong that judgment is. The Burger Court had vitally important choices to make: whether to push school desegregation across district lines; how to respond to the sexual revolution and its new demands for women's equality; whether to validate affirmative action on campuses and in the workplace; whether to shift the balance of criminal law back toward the police and prosecutors; what the First Amendment says about limits on money in politics. The Burger Court forced a president out of office while at the same time enhancing presidential power. It created a legacy that in many ways continues to shape how we live today. Written with a keen sense of history and expert use of the justices' personal papers, this book sheds new light on an important era in American political and legal history.--Adapted from dust jacket.

In the Balance: Law and Politics on the Roberts Court

Mark Tushnet
In the Balance Law and Politics on the Roberts Court Book PDF

Author : Mark Tushnet
Publisher : W. W. Norton & Company
Page : 345 pages
File Size : 46,8 Mb
Release : 2013-09-30
Category : Biography & Autobiography
ISBN : 9780393073447

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In the Balance: Law and Politics on the Roberts Court by Mark Tushnet Pdf

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.

Business and the Roberts Court

Jonathan H. Adler
Business and the Roberts Court Book PDF

Author : Jonathan H. Adler
Publisher : Oxford University Press
Page : 353 pages
File Size : 45,6 Mb
Release : 2016
Category : Law
ISBN : 9780199859344

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Business and the Roberts Court by Jonathan H. Adler Pdf

Is the Roberts Court 'pro-business'? If so, what does this mean for the law and the American people? 'Business and the Roberts Court' provides a critical analysis of the Court's business-related jurisprudence, combining a series of empirical and doctrinal analyses of how the Roberts Court has treated business and business law.

Managed Speech

Gregory P. Magarian
Managed Speech Book PDF

Author : Gregory P. Magarian
Publisher : Oxford University Press
Page : 304 pages
File Size : 50,8 Mb
Release : 2017-03-07
Category : Law
ISBN : 9780190466817

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Managed Speech by Gregory P. Magarian Pdf

Our constitutional freedom to speak out against government and corporate power is always fragile, but today it faces unprecedented hazards. In Managed Speech: The Roberts Court's First Amendment, leading First Amendment scholar, Gregory Magarian, explores and critiques how the present U.S. Supreme Court, led by Chief Justice John Roberts, has reshaped and degraded the law of expressive freedom. This timely book shows how the Roberts Court's free speech decisions embody a version of expressive freedom that Professor Magarian calls "managed speech". Managed speech empowers stable, responsible institutions, both government and private, to manage public discussion; disfavors First Amendment claims from social and political outsiders; and, above all, promotes social and political stability. Professor Magarian examines all of the more than forty free speech decisions the Supreme Court handed down between Chief Justice Roberts' ascent in 2005 and Justice Antonin Scalia's death in 2016. Those decisions, taken together, aggressively advance stability at a steep cost to robust public debate. Professor Magarian proposes a theoretical alternative to managed speech, one that would aim to increase the range of ideas and voices in public discussion: "dynamic diversity." A First Amendment doctrine based on dynamic diversity would prioritize political dissent and the rights of journalists, allow for reasonable regulations of money in politics, and work to broaden opportunities for speakers to be heard. This book offers a fresh, critical perspective on the crucial question of what the First Amendment should mean and do.

The Case Against the Supreme Court

Erwin Chemerinsky
The Case Against the Supreme Court Book PDF

Author : Erwin Chemerinsky
Publisher : Penguin Books
Page : 402 pages
File Size : 49,8 Mb
Release : 2015-09-29
Category : History
ISBN : 9780143128007

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The Case Against the Supreme Court by Erwin Chemerinsky Pdf

Both historically and in the present, the Supreme Court has largely been a failure In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two centuries, the hallowed Court has been far more likely to uphold government abuses of power than to stop them. Drawing on a wealth of rulings, some famous, others little known, he reviews the Supreme Court’s historic failures in key areas, including the refusal to protect minorities, the upholding of gender discrimination, and the neglect of the Constitution in times of crisis, from World War I through 9/11. No one is better suited to make this case than Chemerinsky. He has studied, taught, and practiced constitutional law for thirty years and has argued before the Supreme Court. With passion and eloquence, Chemerinsky advocates reforms that could make the system work better, and he challenges us to think more critically about the nature of the Court and the fallible men and women who sit on it.

The Supreme Court

Jeffrey Rosen,Thirteen/WNET
The Supreme Court Book PDF

Author : Jeffrey Rosen,Thirteen/WNET
Publisher : Macmillan
Page : 294 pages
File Size : 47,8 Mb
Release : 2007-01-09
Category : History
ISBN : 9781429904612

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The Supreme Court by Jeffrey Rosen,Thirteen/WNET Pdf

A leading Supreme Court expert recounts the personal and philosophical rivalries that forged our nation's highest court and continue to shape our daily lives The Supreme Court is the most mysterious branch of government, and yet the Court is at root a human institution, made up of very bright people with very strong egos, for whom political and judicial conflicts often become personal. In this compelling work of character-driven history, Jeffrey Rosen recounts the history of the Court through the personal and philosophical rivalries on the bench that transformed the law—and by extension, our lives. The story begins with the great Chief Justice John Marshall and President Thomas Jefferson, cousins from the Virginia elite whose differing visions of America set the tone for the Court's first hundred years. The tale continues after the Civil War with Justices John Marshall Harlan and Oliver Wendell Holmes, who clashed over the limits of majority rule. Rosen then examines the Warren Court era through the lens of the liberal icons Hugo Black and William O. Douglas, for whom personality loomed larger than ideology. He concludes with a pairing from our own era, the conservatives William H. Rehnquist and Antonin Scalia, only one of whom was able to build majorities in support of his views. Through these four rivalries, Rosen brings to life the perennial conflict that has animated the Court—between those justices guided by strong ideology and those who forge coalitions and adjust to new realities. He illuminates the relationship between judicial temperament and judicial success or failure. The stakes are nothing less than the future of American jurisprudence.

The Business of the Supreme Court

Felix Frankfurter,James McCauley Landis
The Business of the Supreme Court Book PDF

Author : Felix Frankfurter,James McCauley Landis
Publisher : Transaction Publishers
Page : 390 pages
File Size : 47,9 Mb
Release : 2024-06-01
Category : Political Science
ISBN : 9781412819039

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The Business of the Supreme Court by Felix Frankfurter,James McCauley Landis Pdf

As Felix Frankfurter and James Landis write in their preface to The Business of the Supreme Court, "To an extraordinary degree legal thinking dominates the United States. Every act of government, every law passed by Congress, every treaty ratified by the Senate, every executive order issued by the President is tested by legal considerations and may be subjected to the hazards of litigation. Other Nations, too, have a written Constitution. But no other country in the world leaves to the judiciary the powers which it exercises over us." This classic volume, first published in 1928, originated in a series of articles written by Frankfurter, then a professor of law at Harvard University, and his student, Landis, for the Harvard Law Review. These articles chronicled and analyzed the many judiciary acts that were passed between 1789 and 1925, and illuminated the intimate connection between form and substance in the life of American law. For instance: When a community first decided to enact zoning laws--the Supreme Court had to approve. When the United States made a treaty with Germany following World War I--the Supreme Court had to define the limits and meaning of the treaty. Newly reissued with an introduction by constitutional expert Richard G. Stevens, The Business of the Supreme Court is still as fresh and relevant today as it was when first published. It is a work that will aid the student of the law to both love the law and remain true to its purposes.

American Justice 2019

Mark Joseph Stern
American Justice 2019 Book PDF

Author : Mark Joseph Stern
Publisher : University of Pennsylvania Press
Page : 194 pages
File Size : 46,9 Mb
Release : 2019-10-04
Category : Law
ISBN : 9780812296839

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American Justice 2019 by Mark Joseph Stern Pdf

Following the retirement of Justice Anthony Kennedy and the controversial confirmation of Justice Brett Kavanaugh, the Supreme Court plunged into a contentious term that featured divisive cases involving abortion, immigration, capital punishment, and voting rights on the court's docket. In American Justice 2019, Mark Joseph Stern examines the term's most controversial opinions and highlights the consequences of Chief Justice John Roberts stepping into a new role as the court's swing vote. No longer bound by Kennedy's erratic moderation, Roberts has begun doling out victories to both Democrats and Republicans, albeit with a clear rightward tilt. Early in the term, Roberts delivered a public rebuke to Trump's attacks on the judiciary, foreshadowing his refusal to tolerate some of the president's most extreme contortions of the law. Stern tracks the chief justice's evolution from staunch conservative to part-time centrist. Along the way, he details the term's blockbusters and surprises, including an unlikely alliance between Justices Neil Gorsuch and Sonia Sotomayor on criminal justice, and an especially radical ruling on the death penalty that overturned decades of precedent. Stern's account depicts a court sharply divided over its role in American democracy, with the man at its center striving to stay above the political fray without abandoning his conservative instincts.

The Supreme Court Compendium

Lee Epstein
The Supreme Court Compendium Book PDF

Author : Lee Epstein
Publisher : CQ-Roll Call Group Books
Page : 768 pages
File Size : 43,6 Mb
Release : 1996
Category : Constitutional Law
ISBN : UCAL:B4590829

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The Supreme Court Compendium by Lee Epstein Pdf

"The Supreme Court Compendium: Data, Decisions, and Developments is a comprehensive collection of information on the Court and the justices -- past and present. The authors have enriched the second edition not only by adding current information to the tables now include data from the Vinson Court era drawn from the newly expanded U.S. Supreme Court Judicial Database. The second edition also features a list of Internet sites relating to the Court." -- Back cover.