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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.
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Acknowledgements
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
Advocacy Matters
Richard J. Lazarus
Securities Law in the Roberts Court: Agenda or Indifference?
A.C. Pritchard
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
Contributors
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Professor of Law and Director, Center for Business Law and Regulation, Case Western Reserve University
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"Determining whether the Roberts Court is a 'business court' requires going beyond superficialities and examining specific doctrines and cases. This volume does that brilliantly." -Paul Clement, Bancroft PLLC, 43rd U.S. Solicitor General
"Finally. We now have a collection of pieces from the leading scholars in the field that takes us beyond the rhetoric of the Roberts Court as 'pro-business.' It is an indispensable volume for anyone giving serious thought to these important issues." -Tom Goldstein, Publisher, SCOTUSblog
"It is commonplace for politicians, journalists, and the public at large to debate whether the Supreme Court is 'pro-business.' As the essays in this outstanding volume demonstrate, however, this is not just the wrong question-it is an inherently incoherent question. One cannot analyze Supreme Court decisions by simply totting up wins and losses from a single term, as many mindless end-of-term articles try doing. Instead, one must take a longer view over many terms. But even if one does so it is rarely obvious that specific decisions can be easily categorized as pro- or anti-business. Accordingly, the contributors to this volume bring to bear a much more sophisticated set of tools to analyze how the Supreme Court affects business. It will therefore require a place on the bookshelf of any lawyer, judge, or academic who cares about the relationship of law and business." -Stephen M. Bainbridge, William D. Warren Distinguished Professor of Law, UCLA School of Law
