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Misreading the Roberts Court

Anna Harvey

in A Mere Machine: The Supreme Court, Congress, and American Democracy

Published in print:
2013
Published Online:
January 2014
ISBN:
9780300171112
eISBN:
9780300199192
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300171112.003.0008
Subject:
Political Science, American Politics

So far this book has shown that the widespread belief in the Supreme Court's independence can give rise to misleading expectations about its jurisprudence, especially when the justices's preferences ... More


Breakdown by Court Order

Stephen E. Gottlieb

in Unfit for Democracy: The Roberts Court and the Breakdown of American Politics

Published in print:
2016
Published Online:
September 2016
ISBN:
9780814732427
eISBN:
9780814732434
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814732427.003.0009
Subject:
Law, Constitutional and Administrative Law

Contrary to the history, traditions, and science discussed above, the Roberts Court has been undermining democracy, from its consistent preference for business and corporate interests over ... More


Is the Roberts Court Business Friendly?: Is the Pope Catholic?

J. Mitchell Pickerill

in Business and the Roberts Court

Published in print:
2016
Published Online:
August 2016
ISBN:
9780199859344
eISBN:
9780190620929
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199859344.003.0003
Subject:
Political Science, American Politics

This chapter in Business and the Roberts Court provides an empirical analysis of the Roberts Court’s decisions in business-related cases in comparison to its predecessors. At an aggregate level, the ... More


Business as Usual?: The Roberts Court and Environmental Law

Jonathan H. Adler

in Business and the Roberts Court

Published in print:
2016
Published Online:
August 2016
ISBN:
9780199859344
eISBN:
9780190620929
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199859344.003.0011
Subject:
Political Science, American Politics

This chapter in Business and the Roberts Court examines the Roberts Court’s approach to environmental cases. Overall, business interests have won more cases than they have lost in the Roberts Court. ... More


Managed Speech and Beyond: Confronting the Roberts Court’s First Amendment

Gregory P. Magarian

in Managed Speech: The Roberts Court's First Amendment

Published in print:
2017
Published Online:
March 2017
ISBN:
9780190466794
eISBN:
9780190466824
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190466794.003.0009
Subject:
Law, Constitutional and Administrative Law

This chapter explains and critiques managed speech as the Roberts Court’s mode of First Amendment doctrine. Managed speech has three core elements: empowering stable, responsible institutions, both ... More


Securities Law in the Roberts Court: Agenda or Indifference?

A. C. Pritchard

in Business and the Roberts Court

Published in print:
2016
Published Online:
August 2016
ISBN:
9780199859344
eISBN:
9780190620929
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199859344.003.0005
Subject:
Political Science, American Politics

This chapter in Business and the Roberts Court considers the Court’s securities law cases. Although the Roberts Court has heard more securities law cases than its predecessors, analysis of the ... More


Business, the Roberts Court, and the Solicitor General: A Further Exploration

Bradley W. Joondeph

in Business and the Roberts Court

Published in print:
2016
Published Online:
August 2016
ISBN:
9780199859344
eISBN:
9780190620929
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199859344.003.0002
Subject:
Political Science, American Politics

This chapter in Business and the Roberts Court provides an empirical analysis of the Roberts Court’s decisions in business-related cases exploring whether there is an identifiable “probusiness” ... More


In the Business of Free Speech: The Roberts Court and Citizens United

Joel M. Gora

in Business and the Roberts Court

Published in print:
2016
Published Online:
August 2016
ISBN:
9780199859344
eISBN:
9780190620929
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199859344.003.0009
Subject:
Political Science, American Politics

No case concerning corporations has attracted more attention or prompted more debate than Citizens United v. Federal Election Commission. While controversial, Citizens United may not be evidence of a ... More


The Marrow of Tradition: Categorical Exclusions from First Amendment Protection

Gregory P. Magarian

in Managed Speech: The Roberts Court's First Amendment

Published in print:
2017
Published Online:
March 2017
ISBN:
9780190466794
eISBN:
9780190466824
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190466794.003.0001
Subject:
Law, Constitutional and Administrative Law

This chapter begins the first part of the book, which considers disputes about government regulations of private speech. This chapter explores the Roberts Court’s decisions about whether and why it ... More


Fair and Balanced: Regulations of Political Dissent and Commercial Profit

Gregory P. Magarian

in Managed Speech: The Roberts Court's First Amendment

Published in print:
2017
Published Online:
March 2017
ISBN:
9780190466794
eISBN:
9780190466824
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190466794.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter covers the more common First Amendment technique of balancing speech interests against government regulatory interests. Here the Roberts Court has reached divergent outcomes in two major ... More


Letting Money into Elections: Citizens United and McCutcheon

Gregory P. Magarian

in Managed Speech: The Roberts Court's First Amendment

Published in print:
2017
Published Online:
March 2017
ISBN:
9780190466794
eISBN:
9780190466824
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190466794.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter examines the Roberts Court’s most notorious, controversial decision, Citizens United v. Federal Election Commission, which strikes down long-standing bans on election spending by ... More


Keeping Money out of Elections: Government Leveling and Labor Speech

Gregory P. Magarian

in Managed Speech: The Roberts Court's First Amendment

Published in print:
2017
Published Online:
March 2017
ISBN:
9780190466794
eISBN:
9780190466824
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190466794.003.0008
Subject:
Law, Constitutional and Administrative Law

This chapter covers another group of Roberts Court campaign finance decisions that, contrary to this Court’s signature decision in Citizens United, restrict the flow of money into politics. These ... More


Introduction: In Search of the Probusiness Court

Jonathan H. Adler

in Business and the Roberts Court

Published in print:
2016
Published Online:
August 2016
ISBN:
9780199859344
eISBN:
9780190620929
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199859344.003.0001
Subject:
Political Science, American Politics

The Supreme Court under Chief Justice Roberts is often described as a “probusiness” court, favoring the interests of business groups and large corporations over those of consumers, workers, and the ... More


Speakers, Cornered: Weakening the Public Forum

Gregory P. Magarian

in Managed Speech: The Roberts Court's First Amendment

Published in print:
2017
Published Online:
March 2017
ISBN:
9780190466794
eISBN:
9780190466824
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190466794.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter discusses government properties, which First Amendment law calls “public forums,” that offer underfunded speakers opportunities to reach audiences. The Roberts Court has limited those ... More


Advocacy Matters: Transforming the Court by Transforming the Bar

Richard J. Lazarus

in Business and the Roberts Court

Published in print:
2016
Published Online:
August 2016
ISBN:
9780199859344
eISBN:
9780190620929
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199859344.003.0004
Subject:
Political Science, American Politics

This chapter in Business and the Roberts Court documents the emergence of a highly specialized, elite Supreme Court bar that disproportionately represents business interests. The Court grants the ... More


Preemption Doctrine in the Roberts Court: Constitutional Dual Federalism by Another Name?

Roderick M. Hills

in Business and the Roberts Court

Published in print:
2016
Published Online:
August 2016
ISBN:
9780199859344
eISBN:
9780190620929
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199859344.003.0008
Subject:
Political Science, American Politics

This chapter in Business and the Roberts Court examines the Court’s preemption decisions. These decisions do not consistently favor business interests and seem to follow a traditional script of dual ... More


Business and the Roberts Court

Jonathan H. Adler (ed.)

Published in print:
2016
Published Online:
August 2016
ISBN:
9780199859344
eISBN:
9780190620929
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199859344.001.0001
Subject:
Political Science, American Politics

The Supreme Court under Chief Justice Roberts is often described as a “probusiness” court, favoring the interests of business groups and large corporations over those of consumers, workers, and the ... More


Employment Law in the Roberts Court: Public Goals, Private Enforcement

Matthew T. Bodie

in Business and the Roberts Court

Published in print:
2016
Published Online:
August 2016
ISBN:
9780199859344
eISBN:
9780190620929
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199859344.003.0010
Subject:
Political Science, American Politics

This chapter in Business and the Roberts Court looks at the Roberts Court’s labor and employment law cases through the lens of human resources. These cases, taken together, appear to show sympathy ... More


The Roberts Court and the Limits of Antitrust

Thomas A. Lambert

in Business and the Roberts Court

Published in print:
2016
Published Online:
August 2016
ISBN:
9780199859344
eISBN:
9780190620929
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199859344.003.0007
Subject:
Political Science, American Politics

This chapter in Business and the Roberts Court examines the Court’s antitrust decisions. Whereas the Rehnquist Court decided relatively few antitrust cases, the Roberts Court has shown a greater ... More


Equity Over Empathy

Bernadette Meyler

in Passions and Emotions: NOMOS LIII

Published in print:
2012
Published Online:
March 2016
ISBN:
9780814760147
eISBN:
9780814763490
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814760147.003.0012
Subject:
Political Science, Political Theory

This chapter argues that the set of dichotomies that West proposes conflates empathy with moral judgment and proper judicial reasoning with an assessment of actual, rather than hypothetical, factual ... More


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