Cato Supreme Court Review 2006-2007Mark K. Moller Once again, the Cato Supreme Court Review will analyze the most notable cases from the most recent term. |
From inside the book
Results 1-5 of 61
Page x
... ment . Both sides understood the problem of majoritarian tyranny , of course . And far from grounding legitimacy in mere political will , both sides invoked reason and the theory of natural rights . Thus , our first principle as a ...
... ment . Both sides understood the problem of majoritarian tyranny , of course . And far from grounding legitimacy in mere political will , both sides invoked reason and the theory of natural rights . Thus , our first principle as a ...
Page xi
... ment in the campaign finance debate . To abbreviate the decision for present purposes , the Court's five conservatives joined to find that because broadcast ads that were aired before the 2004 federal elections by Wisconsin Right to ...
... ment in the campaign finance debate . To abbreviate the decision for present purposes , the Court's five conservatives joined to find that because broadcast ads that were aired before the 2004 federal elections by Wisconsin Right to ...
Page xiii
... ment . The Court's many campaign finance decisions since then have constituted a checkered history that has , if anything , only muddied the waters further . But little compares with McConnell in 2003 , upholding BCRA's sweeping ...
... ment . The Court's many campaign finance decisions since then have constituted a checkered history that has , if anything , only muddied the waters further . But little compares with McConnell in 2003 , upholding BCRA's sweeping ...
Page xvii
... ment . He could have one or the other of his rights , but not both . That is the classic definition of " coercion . " And as Tribe shows , the point is perfectly generalizable : not only property but any right of choice protected by the ...
... ment . He could have one or the other of his rights , but not both . That is the classic definition of " coercion . " And as Tribe shows , the point is perfectly generalizable : not only property but any right of choice protected by the ...
Page xviii
... ment's illegal acts to mere " hard bargaining . " Those comments barely begin the critique of the Court's argument , a much fuller version of which will be found in Professor Tribe's article . Readers of this Review will be especially ...
... ment's illegal acts to mere " hard bargaining . " Those comments barely begin the critique of the Court's argument , a much fuller version of which will be found in Professor Tribe's article . Readers of this Review will be especially ...
Contents
1 | |
7 | |
18 | |
77 | |
115 | |
the First Amendment Takes a | 133 |
FEDERALISM AND SEPARATION OF POWERS | 167 |
Massachusetts v Environmental | 193 |
Narrow Issue of Taxpayer Standing Highlights Wide | 215 |
Samuel Estreicher | 239 |
MARKETS AND THE | 251 |
Weyerhaeuser and the Search for Antitrusts Holy Grail | 277 |
A Tragedy | 315 |
LOOKING FORWARD | 335 |
CONTRIBUTORS | 355 |
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Common terms and phrases
action activity agency fees Alito Amendment rights Antitrust apply argued argument Buckley campaign finance challenge Circuit claim Commerce Clause concurring Congress congressional constitutional consumer protection costs Court of Appeals defendant discounts dissenting doctrine easement economic employees equally efficient rival Establishment Clause exclusionary conduct express advocacy Federal Election Fifth Amendment Flast Frederick free speech greenhouse gas Grutter Herbert Hovenkamp Hovenkamp interest issue judicial jury Justice Scalia legislative limited litigation Lopez majority McConnell ment monopsony Morse mortgage national banks officials opinion partial-birth abortion plaintiff political speech predatory lending predatory pricing procedure Professor prohibition punitive damages qualified immunity racial raising rivals reasons regulation regulatory rejected restrictions Robbins Robbins's Ross-Simmons rule Souter statute Stevens supra note Supreme Court taxpayer standing tion tort U.S. Supreme Court unconstitutional union violation Wachovia Bank Weyerhaeuser Wisconsin Right WRTL
Popular passages
Page 143 - If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by work or act their faith therein.
Page 148 - But freedom to differ is not limited to things that do not matter much That would be a mere shadow of freedom. The test of its substance is the right to differ as to things that touch the heart of the existing order...
Page 218 - The party who invokes the power must be able to show not only that the statute is invalid but that he has sustained or is immediately in danger of sustaining some direct injury as a result of its enforcement, and not merely that he suffers in some indefinite way in common with people generally.
Page 218 - Treasury — partly realized from taxation and partly from other sources — is shared with millions of others; is comparatively minute and indeterminable; and the effect upon future taxation, of any payment out of the funds, so remote, fluctuating and uncertain, that no basis is afforded for an appeal to the preventive powers of a court of equity.
Page 219 - First, the taxpayer must establish a logical link between that status and the type of legislative enactment attacked. Thus, a taxpayer will be a proper party to allege the unconstitutionality only of exercises of congressional power under the taxing and spending clause of Art. I, § 8, of the Constitution.
Page 218 - We have no power per se to review and annul acts of Congress on the ground that they are unconstitutional. That question may be considered only when the justification for some direct injury suffered or threatened, presenting a justiciable issue, is made to rest upon such an act.
Page 143 - That they are educating the young for citizenship is reason for scrupulous protection of Constitutional freedoms of the individual, if we are not to strangle the free mind at its source and teach youth to discount important principles of our government as mere platitudes.
Page 15 - ... (1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, creed, color or national origin.
Page 186 - clearly erroneous' when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.
Page 103 - For the distinction between discussion of issues and candidates and advocacy of election or defeat of candidates may often dissolve in practical application. Candidates, especially incumbents, are intimately tied to public issues involving legislative proposals and governmental actions. Not only do candidates campaign on the basis of their positions on various public issues, but campaigns themselves generate issues of public interest.