Read e-book online Business and the Roberts court PDF

Rules Procedures

By Jonathan H. Adler

ISBN-10: 0190620927

ISBN-13: 9780190620929

ISBN-10: 0199859345

ISBN-13: 9780199859344

Is the Roberts courtroom 'pro-business'? if that is so, what does this suggest for the legislation and the yank humans? 'Business and the Roberts courtroom' presents a severe research of the Court's business-related jurisprudence, combining a sequence of empirical and doctrinal analyses of the way the Roberts courtroom has taken care of enterprise and company law.

summary: Is the Roberts courtroom 'pro-business'? if this is the case, what does this suggest for the legislations and the yankee humans? 'Business and the Roberts courtroom' offers a serious research of the Court's business-related jurisprudence, combining a sequence of empirical and doctrinal analyses of the way the Roberts court docket has taken care of enterprise and company legislation

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Example text

Therefore, an assessment of the judicial behavior on the Roberts Court in cases involving business interests should begin by asking how the Roberts Court has behaved in these types of cases relative to earlier Supreme Courts. In the following section, I examine the judicial behavior of the newest justices on the Court compared to the justices they replaced in decisions affecting business interests. I also examine the outcomes in those cases and compare the Roberts Court’s record to earlier periods in the Court’s history.

The data reveal that the Court has gradually been moving in the conservative, or probusiness, direction for several decades, and the Roberts Court’s probusiness inclinations are better understood as part of a long trend associated with the rise of conservatism, Republican electoral victories, and, ultimately, the migration of those principles onto the Court through presidential appointments. Over time Republican presidents sought to entrench a free market, deregulation, and probusiness agenda in the judiciary, and in the Supreme Court in particular.

Bus ine s s , the R ober ts Cour t, and the S oli c i tor G e ne ral 33 Finally, as one might expect, the Court granted petitions for certiorari endorsed by the Chamber at an even higher rate when the Solicitor General also urged the Court to grant the petition. 8 reveals that, overall, the Court granted certiorari in seven of the eight cases in which both the Chamber and the Solicitor General urged the Court to grant review—​and every case when the United States was participating as amicus curiae.

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Business and the Roberts court by Jonathan H. Adler

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