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Business and the Roberts court


What Is Probusiness?What’s the Baseline?The Limits of Quantitative AnalysisA Qualitative AssessmentToward a More Complete PictureBusiness, the Roberts Court, and the Solicitor General. A Further ExplorationSelection Bias and the Statistical Analysis of Supreme Court Decision MakingThe Chamber of Commerce and the Solicitor General in the Roberts CourtDecisions on the MeritsDecisions Regarding Petitions for a Writ of CertiorariConclusionIs the Roberts Court Business Friendly? Is the Pope Catholic?IntroductionIs It Accurate to Label the Roberts Court “Business Friendly”?Economic and Union Activity Issues in the Roberts CourtOther Business-Related Issues in the Roberts CourtIs the Pope Catholic? Continuity and Change in the Roberts CourtThe Roberts Court, Economic Issues, and the Attitudinal ModelThe Roberts Court, Economic Issues, and the Political RegimeConclusionsAdvocacy Matters. Transforming the Court by Transforming the BarThe Modern Reemergence of a Supreme Court BarExplaining the Rise of the Modern Supreme Court BarThe Transformation of the Corporate BarThe Paradox of the Court’s Shrinking DocketThe Significance of the Modern Supreme Court BarShifting the Plenary DocketAntitrust LawTort LiabilityNorfolk RailwayChanging the OutcomeConclusionSecurities Law in the Roberts Court. Agenda or Indifference?Statutory Interpretation and Legislative IntentSLUSAMerrill Lynch v. DabitKircher v. Putnam Funds TrustStatute of LimitationsMerck & Co. Inc. v. ReynoldsCredit Suisse Securities v. SimmondsGabelli v. SECStatutory Interpretation and the Securities LawsThe Administrative StateAntitrust v. Securities RegulationSeparation of PowersSecurities Laws and the Administrative StateThe Class-Action Menace?Judicial Gatekeeping: The Pleading Standard, Materiality, and Class CertificationMaterialityClass CertificationErica P. John Fund, Inc. v. HalliburtonAmgen Inc. v. Connecticut Retirement Plans and Trust FundsMutual Fund LitigationScheme LiabilityJanus Capital Group v. First Derivatives TradersForeign Class ActionsAntiplaintiff Court?ConclusionCivil Procedure in the Roberts CourtFrom “Mere Notice” to “Notice Plus Plausibility” PleadingThe Criticism of Twombly and IqbalDid Twombly and Iqbal Cause a Revolution?Are Twombly and Iqbal Examples ofConservative Judicial Activism?Was It Time to Do Something about Discovery?The Roberts Court and the Limits ofAntitrustThe Limits ofAntitrust and the Need for a Decision-Theoretic ApproachDecision Theory and the Roberts Court’s Antitrust DecisionsDecisions Concerning Substantive Liability RulesLeeginWeyerhaeuserLinkLineIndependent InkDagherDecisions Concerning Procedures and ImmunitiesCredit SuisseTwomblyAmerican NeedleConclusionPreemption Doctrine in the Roberts Court. Constitutional Dual Federalism by Another Name?IntroductionWhy Does the Court Have Discretion to Define Statutes’ Preemptive Effect?"Areas of Traditional State Regulation”: Shadowy Enumerated Powers in the Roberts Court?“Commercial” Contexts: Arbitration, Securities Litigation, Banking, Collective Bargaining, and ShippingThe Federal Arbitration Act CasesSecurities Litigation, Banking, and TransportationLabor Law“Regulatory” Contexts: The Presumption Against Preemption in Tort, Physician-Assisted Suicide, Property, Criminal Law, and ImmigrationTort Law and the Triumph of the Nondiscrimination Theory of PreemptionState Regulation of Undocumented Aliens in the WorkplaceState Autonomy in Preemption DoctrineConclusion: What Are the Merits of Dual Federalism in Preemption Doctrine?In the Business of Free Speech. The Roberts Court and Citizens UnitedIntroduction: Citizens United—A Household WordCitizens United: The OrganizationCitizens United: The Decision No ExitCollision CourseThe Doctrinal ResponseThe Political ResponseThe Roberts Court and Campaign Finance LawThe Roberts Court and the First AmendmentConclusion—The Roberts Court: In the Business ofFree SpeechEmployment Law in the Roberts Court. Public Goals, Private EnforcementIntroductionDiscrimination and the Policies ofWorkplace ManagementArbitral FaithERISA and Allowance for ImperfectionThe Roberts Court and Private BureaucracyConclusionBusiness as Usual? The Roberts Court and Environmental LawWhat Is “Probusiness” or “Antienvironment”?The Roberts Court’s Environmental DecisionsHot Times in the High CourtClearing the AirA Stream of DeferenceCurbing Regulation by LitigationA Soft Spot for Property RightsNothing Environmental about Environmental CasesThe Roberts Court’s Effect on Environmental Law
 
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