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Business and the Roberts court - download pdf or read online

By Jonathan H. Adler

ISBN-10: 0190620927

ISBN-13: 9780190620929

ISBN-10: 0199859345

ISBN-13: 9780199859344

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

summary: Is the Roberts courtroom 'pro-business'? if this is the case, what does this suggest for the legislation and the yank 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 ways the Roberts courtroom has taken care of enterprise and company legislations

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This differs from the pattern of the Chamber’s participation at the merits stage, which has steadily increased over the same period. 3 percent for paid petitions and 1 percent for petitions as a whole. But obviously, correlation is not causation. 0% (0/​7) actually affected the Court’s decision making. Indeed, given the Chamber’s sophistication, it seems likely that its lawyers only urged the Court to grant petitions that they knew were good candidates for plenary review. So while the Court has granted a remarkably high proportion of the petitions endorsed by the Chamber, it is unclear what inferences we can draw from this.

Furthermore, even if we so assume, the Epstein, Landes, and Posner study could only establish that the Roberts Court has been friendlier to business interests than its predecessor Courts, not that it has favored businesses relative to other litigants. The nub of the problem is that we cannot say whether the success rate of business interests demonstrates that the Roberts Court is truly probusiness without knowing how a “business neutral” Court would have ruled in precisely the same set of cases.

28 Id. at 1512. 29 Id. at 1525. 30 Id. at 1510–​12. 31 Id. at 1518. 32 To be sure, experienced Supreme Court lawyers often represent employees, consumers, and investors at the Court, but this is more likely after the justices have set the case down for plenary review. At the certiorari stage—​where the Court’s resources are the most stretched, such that counsel can be most influential—​the specialized Supreme Court bar disproportionately represents the interests of the business community. All of this means that the business-​related legal questions that the Court ultimately decides could well be ones on which business litigants are disproportionately likely to prevail.

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Business and the Roberts court by Jonathan H. Adler


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