Business and the Roberts Court

Business and the Roberts Court

Author: Jonathan H. Adler

Publisher: Oxford University Press

Published: 2016

Total Pages: 353

ISBN-13: 0199859345

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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 the first 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.


The Roberts Court

The Roberts Court

Author: Marcia Coyle

Publisher: Simon and Schuster

Published: 2013-05-07

Total Pages: 534

ISBN-13: 145162753X

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For years, the Supreme Court led by Chief Justice John Roberts has been at the center of a constitutional maelstrom. Here, the much-honored, expert Supreme Court reporter Marcia Coyle's examination of four landmark cases is "informative, insightful, clear and fair...Coyle reminds us that Supreme Court decisions matter. A lot." (Portland Oregonian). 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 US 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 analysis 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 and how they 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 case. Most dramatically, her reporting shows how dedicated conservative lawyers and groups have strategized to find cases and crafted 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 to the struggle to lay down the law of the land.


Uncertain Justice

Uncertain Justice

Author: Laurence Tribe

Publisher: Macmillan

Published: 2014-06-03

Total Pages: 416

ISBN-13: 0805099093

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An assessment of how the Supreme Court under Chief Justice John Roberts is significantly influencing the nation's laws and reinterpreting the Constitution includes in-depth analysis of recent rulings and their implications.


The Chief

The Chief

Author: Joan Biskupic

Publisher: Basic Books

Published: 2019-03-26

Total Pages: 415

ISBN-13: 0465093280

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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.


American Justice 2019

American Justice 2019

Author: Mark Joseph Stern

Publisher: University of Pennsylvania Press

Published: 2019-10-04

Total Pages: 194

ISBN-13: 0812296834

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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.


Managed Speech

Managed Speech

Author: Gregory P. Magarian

Publisher: Oxford University Press

Published: 2017-03-07

Total Pages: 297

ISBN-13: 0190466812

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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 Origins of Business, Money, and Markets

The Origins of Business, Money, and Markets

Author: Keith Roberts

Publisher: Columbia University Press

Published: 2011-06-28

Total Pages: 381

ISBN-13: 0231526857

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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

The Burger Court and the Rise of the Judicial Right

Author: Michael J. Graetz

Publisher: Simon and Schuster

Published: 2017-06-06

Total Pages: 480

ISBN-13: 1476732515

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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.


The Case Against the Supreme Court

The Case Against the Supreme Court

Author: Erwin Chemerinsky

Publisher: Penguin Books

Published: 2015-09-29

Total Pages: 402

ISBN-13: 0143128000

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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.