Business and the Roberts court by Jonathan H. Adler

By Jonathan H. Adler

Is the Roberts court docket 'pro-business'? if this is the case, what does this suggest for the legislations and the yankee humans? 'Business and the Roberts court docket' presents a severe research of the Court's business-related jurisprudence, combining a sequence of empirical and doctrinal analyses of ways the Roberts court docket has taken care of company and enterprise law.

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

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44 The Solicitor General participated in eighty of these 103 cases, twenty-​one times as a party and fifty-​nine times as amicus curiae. 1 documents, the Chamber’s participation at the merits stage of Supreme Court litigation has generally increased over the life of the Roberts Court, growing from eleven cases in the 2005 October Term to a high of twenty-​one in the 2010 October Term. All told, the Chamber participated in almost 27 percent of the cases that the Court slated for plenary review in the 2010 term, a remarkable figure for any litigant other than the United States.

EPA framed—​and thus skewed—​the universe of questions for the Court to decide subsequently. Or consider the impact of Congress’s recent enactment of an important, far-​ reaching statute imposing a number of new obligations on business entities, a statute like the Americans with Disabilities Act (ADA). Given the broad range of rights conferred (and responsibilities imposed) by the ADA, the act’s precise contours have been the subject of frequent appellate litigation; indeed, the Supreme Court has averaged roughly one ADA case per term since the statute’s passage in 1990.

3 indicates, the proportion of the Court’s docket involving union activity has been on the decline for decades, and the Roberts Court has followed suit, constituting less than 2 percent of its docket. Nineteen percent of the Roberts Court decisions have been in the economic activity issue area, which is only slightly up from 17 and 16 percent in the Rehnquist and Burger Courts, respectively, but is still less than the Warren and Vinson Courts, at 23 and 29 percent, respectively. 6 One issue area in which the Roberts Court appears to deviate from the Rehnquist Court is in the area of federalism and federal preemption.

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