Business and the Roberts Court


Available July 2016

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Cover for  Business and the Roberts Court

Advance Praise

“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


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