Cato Supreme Court Review: 2019-2020
Herausgeber: Burrus, Trevor
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Cato Supreme Court Review: 2019-2020
Herausgeber: Burrus, Trevor
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In this annual review from the Cato Institute, leading legal scholars analyze the 2019-2020 Supreme Court term, specifically the most important and far-reaching cases of the year, plus cases coming up. Now in its nineteenth edition, the Review is the first scholarly journal to appear after the term's end and the only one grounded in the nation's first principles, liberty, and limited government.
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In this annual review from the Cato Institute, leading legal scholars analyze the 2019-2020 Supreme Court term, specifically the most important and far-reaching cases of the year, plus cases coming up. Now in its nineteenth edition, the Review is the first scholarly journal to appear after the term's end and the only one grounded in the nation's first principles, liberty, and limited government.
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Hinweis: Dieser Artikel kann nur an eine deutsche Lieferadresse ausgeliefert werden.
Produktdetails
- Produktdetails
- Verlag: Cato Institute
- Seitenzahl: 300
- Erscheinungstermin: 15. Oktober 2020
- Englisch
- ISBN-13: 9781952223112
- ISBN-10: 1952223113
- Artikelnr.: 60154040
- Herstellerkennzeichnung
- Libri GmbH
- Europaallee 1
- 36244 Bad Hersfeld
- 06621 890
- Verlag: Cato Institute
- Seitenzahl: 300
- Erscheinungstermin: 15. Oktober 2020
- Englisch
- ISBN-13: 9781952223112
- ISBN-10: 1952223113
- Artikelnr.: 60154040
- Herstellerkennzeichnung
- Libri GmbH
- Europaallee 1
- 36244 Bad Hersfeld
- 06621 890
Edited by Trevor Burrus
Topics and Contributors for the 2019-2020 Cato Supreme Court Review
FOREWORD - The Review's publisher examines how the Court, now with Justices
Kavanaugh and Gorsuch, is shaping up.
By Ilya Shapiro
INTRODUCTION - The Review's editor in chief gives a preview of the Review
and an overview of the trends in the previous term.
By Trevor Burrus
ANNUAL B. KENNETH SIMON LECTURE: "Judicial Independence and the Roberts
Court" - A prominent federal appeals judge examines whether the
"conservative" and "liberal" judges vote in predicable lockstep, or
whether, in fact, our independent judiciary is functioning as the Framers'
intended.
Judge Thomas M. Hardiman
DACA AND THE DREAMERS - DHS v. Regents - The Court aimed to sketch the
limits of unilateral executive action in the context of the controversial
immigration debate. The chief justice found that, in repealing DACA, the
Trump administration didn't weigh the consequences carefully enough.
By Peter S. Margulies
THE PRESIDENT'S REMOVAL POWER - Seila Law v. CFPB - The Court waded into
the power dynamic between Congress and the White House by examining whether
the director of the CFPB can be removed by the president only for cause.
The decision could ultimately restructure some significant federal
agencies.
By Ilan Wurman
OBAMACARE: REDUX - Little Sisters of the Poor v. Pennsylvania - Obamacare's
litigation legacy lingers on as the Supremes saved the nunnery from the
ACA's so-called contraception mandate.
By Robin Fretwell Wilson & Tanner Bean
EQUITABLE REMEDIES - Liu v. SEC - The Court cabins the SEC's ability to
disgorge defendants beyond ill-gotten gains. Many questions still remain,
but the SEC must now be more careful when taking assets.
By Jennifer Schulp
INSANITY AND STATE LAW - Kahler v. Kansas - The Supremes offer strong
protection to a state's right and responsibility to formulate its own
criminal law in light of local needs and traditions. This includes
determining when "insanity" absolves a killer-and when it doesn't.
By Paul J. Larkin Jr.
QUALIFIED AND ABSOLUTE IMMUNITY - Hernandez v. Mesa - Quite relevant to
recent public discourse over law enforcement's exaggerated legal
protections, the Court's ruling on a cross-border shooting incident risks a
precedential loophole in which federal officers are essentially absolutely
immune from personal liability.
By Stephen I. Vladeck
THE PRESIDENT: SUBPOENA RESISTANT? - Trump v. Vance & Trump v. Mazars -The
Court finds that a president is hardly personally immune from state
subpoenas, but Congress needs to get its facts straight before it subpoenas
records from the president. All justices agree that the president is not
absolutely immune from either.
By Jonathan H. Adler
CHURCH AND STATE - Espinoza v. Montana - The Court holds that
state-constitutional "Blaine Amendments"-restricting state expenditure on
religious schools-cannot stop individual parents from using state tuition
assistance for such purposes.
By Clint Bolick
TRIALS ON TRIAL - Ramos v. Louisiana - The incorporation of the Fourteenth
Amendment against the states continues unabated, as the Court rules that
guilty verdicts in criminal trials must be unanimous. Possibly a worthy
policy goal but, as a constitutional matter, originalists would like a
word.
By Nicholas M. Mosvick & Mitchell A. Mosvick
ELECTORAL COLLEGE - Chiafalo v. Washington & Colorado v. Baca - Its crunch
time for the Electoral College in this test of a state's power to control
its presidential electors. The Court chose to follow a tradition of wide
latitude to a state's choices, reducing the chance that the outcome of a
presidential election might ever hang on the whims of a cadre of faithless
electors.
By Keith E. Whittington
LOOKING AHEAD - The Pacific Legal Foundation's Anastasia Boden previews
what we can expect in the Court's next term.
FOREWORD - The Review's publisher examines how the Court, now with Justices
Kavanaugh and Gorsuch, is shaping up.
By Ilya Shapiro
INTRODUCTION - The Review's editor in chief gives a preview of the Review
and an overview of the trends in the previous term.
By Trevor Burrus
ANNUAL B. KENNETH SIMON LECTURE: "Judicial Independence and the Roberts
Court" - A prominent federal appeals judge examines whether the
"conservative" and "liberal" judges vote in predicable lockstep, or
whether, in fact, our independent judiciary is functioning as the Framers'
intended.
Judge Thomas M. Hardiman
DACA AND THE DREAMERS - DHS v. Regents - The Court aimed to sketch the
limits of unilateral executive action in the context of the controversial
immigration debate. The chief justice found that, in repealing DACA, the
Trump administration didn't weigh the consequences carefully enough.
By Peter S. Margulies
THE PRESIDENT'S REMOVAL POWER - Seila Law v. CFPB - The Court waded into
the power dynamic between Congress and the White House by examining whether
the director of the CFPB can be removed by the president only for cause.
The decision could ultimately restructure some significant federal
agencies.
By Ilan Wurman
OBAMACARE: REDUX - Little Sisters of the Poor v. Pennsylvania - Obamacare's
litigation legacy lingers on as the Supremes saved the nunnery from the
ACA's so-called contraception mandate.
By Robin Fretwell Wilson & Tanner Bean
EQUITABLE REMEDIES - Liu v. SEC - The Court cabins the SEC's ability to
disgorge defendants beyond ill-gotten gains. Many questions still remain,
but the SEC must now be more careful when taking assets.
By Jennifer Schulp
INSANITY AND STATE LAW - Kahler v. Kansas - The Supremes offer strong
protection to a state's right and responsibility to formulate its own
criminal law in light of local needs and traditions. This includes
determining when "insanity" absolves a killer-and when it doesn't.
By Paul J. Larkin Jr.
QUALIFIED AND ABSOLUTE IMMUNITY - Hernandez v. Mesa - Quite relevant to
recent public discourse over law enforcement's exaggerated legal
protections, the Court's ruling on a cross-border shooting incident risks a
precedential loophole in which federal officers are essentially absolutely
immune from personal liability.
By Stephen I. Vladeck
THE PRESIDENT: SUBPOENA RESISTANT? - Trump v. Vance & Trump v. Mazars -The
Court finds that a president is hardly personally immune from state
subpoenas, but Congress needs to get its facts straight before it subpoenas
records from the president. All justices agree that the president is not
absolutely immune from either.
By Jonathan H. Adler
CHURCH AND STATE - Espinoza v. Montana - The Court holds that
state-constitutional "Blaine Amendments"-restricting state expenditure on
religious schools-cannot stop individual parents from using state tuition
assistance for such purposes.
By Clint Bolick
TRIALS ON TRIAL - Ramos v. Louisiana - The incorporation of the Fourteenth
Amendment against the states continues unabated, as the Court rules that
guilty verdicts in criminal trials must be unanimous. Possibly a worthy
policy goal but, as a constitutional matter, originalists would like a
word.
By Nicholas M. Mosvick & Mitchell A. Mosvick
ELECTORAL COLLEGE - Chiafalo v. Washington & Colorado v. Baca - Its crunch
time for the Electoral College in this test of a state's power to control
its presidential electors. The Court chose to follow a tradition of wide
latitude to a state's choices, reducing the chance that the outcome of a
presidential election might ever hang on the whims of a cadre of faithless
electors.
By Keith E. Whittington
LOOKING AHEAD - The Pacific Legal Foundation's Anastasia Boden previews
what we can expect in the Court's next term.
Topics and Contributors for the 2019-2020 Cato Supreme Court Review
FOREWORD - The Review's publisher examines how the Court, now with Justices
Kavanaugh and Gorsuch, is shaping up.
By Ilya Shapiro
INTRODUCTION - The Review's editor in chief gives a preview of the Review
and an overview of the trends in the previous term.
By Trevor Burrus
ANNUAL B. KENNETH SIMON LECTURE: "Judicial Independence and the Roberts
Court" - A prominent federal appeals judge examines whether the
"conservative" and "liberal" judges vote in predicable lockstep, or
whether, in fact, our independent judiciary is functioning as the Framers'
intended.
Judge Thomas M. Hardiman
DACA AND THE DREAMERS - DHS v. Regents - The Court aimed to sketch the
limits of unilateral executive action in the context of the controversial
immigration debate. The chief justice found that, in repealing DACA, the
Trump administration didn't weigh the consequences carefully enough.
By Peter S. Margulies
THE PRESIDENT'S REMOVAL POWER - Seila Law v. CFPB - The Court waded into
the power dynamic between Congress and the White House by examining whether
the director of the CFPB can be removed by the president only for cause.
The decision could ultimately restructure some significant federal
agencies.
By Ilan Wurman
OBAMACARE: REDUX - Little Sisters of the Poor v. Pennsylvania - Obamacare's
litigation legacy lingers on as the Supremes saved the nunnery from the
ACA's so-called contraception mandate.
By Robin Fretwell Wilson & Tanner Bean
EQUITABLE REMEDIES - Liu v. SEC - The Court cabins the SEC's ability to
disgorge defendants beyond ill-gotten gains. Many questions still remain,
but the SEC must now be more careful when taking assets.
By Jennifer Schulp
INSANITY AND STATE LAW - Kahler v. Kansas - The Supremes offer strong
protection to a state's right and responsibility to formulate its own
criminal law in light of local needs and traditions. This includes
determining when "insanity" absolves a killer-and when it doesn't.
By Paul J. Larkin Jr.
QUALIFIED AND ABSOLUTE IMMUNITY - Hernandez v. Mesa - Quite relevant to
recent public discourse over law enforcement's exaggerated legal
protections, the Court's ruling on a cross-border shooting incident risks a
precedential loophole in which federal officers are essentially absolutely
immune from personal liability.
By Stephen I. Vladeck
THE PRESIDENT: SUBPOENA RESISTANT? - Trump v. Vance & Trump v. Mazars -The
Court finds that a president is hardly personally immune from state
subpoenas, but Congress needs to get its facts straight before it subpoenas
records from the president. All justices agree that the president is not
absolutely immune from either.
By Jonathan H. Adler
CHURCH AND STATE - Espinoza v. Montana - The Court holds that
state-constitutional "Blaine Amendments"-restricting state expenditure on
religious schools-cannot stop individual parents from using state tuition
assistance for such purposes.
By Clint Bolick
TRIALS ON TRIAL - Ramos v. Louisiana - The incorporation of the Fourteenth
Amendment against the states continues unabated, as the Court rules that
guilty verdicts in criminal trials must be unanimous. Possibly a worthy
policy goal but, as a constitutional matter, originalists would like a
word.
By Nicholas M. Mosvick & Mitchell A. Mosvick
ELECTORAL COLLEGE - Chiafalo v. Washington & Colorado v. Baca - Its crunch
time for the Electoral College in this test of a state's power to control
its presidential electors. The Court chose to follow a tradition of wide
latitude to a state's choices, reducing the chance that the outcome of a
presidential election might ever hang on the whims of a cadre of faithless
electors.
By Keith E. Whittington
LOOKING AHEAD - The Pacific Legal Foundation's Anastasia Boden previews
what we can expect in the Court's next term.
FOREWORD - The Review's publisher examines how the Court, now with Justices
Kavanaugh and Gorsuch, is shaping up.
By Ilya Shapiro
INTRODUCTION - The Review's editor in chief gives a preview of the Review
and an overview of the trends in the previous term.
By Trevor Burrus
ANNUAL B. KENNETH SIMON LECTURE: "Judicial Independence and the Roberts
Court" - A prominent federal appeals judge examines whether the
"conservative" and "liberal" judges vote in predicable lockstep, or
whether, in fact, our independent judiciary is functioning as the Framers'
intended.
Judge Thomas M. Hardiman
DACA AND THE DREAMERS - DHS v. Regents - The Court aimed to sketch the
limits of unilateral executive action in the context of the controversial
immigration debate. The chief justice found that, in repealing DACA, the
Trump administration didn't weigh the consequences carefully enough.
By Peter S. Margulies
THE PRESIDENT'S REMOVAL POWER - Seila Law v. CFPB - The Court waded into
the power dynamic between Congress and the White House by examining whether
the director of the CFPB can be removed by the president only for cause.
The decision could ultimately restructure some significant federal
agencies.
By Ilan Wurman
OBAMACARE: REDUX - Little Sisters of the Poor v. Pennsylvania - Obamacare's
litigation legacy lingers on as the Supremes saved the nunnery from the
ACA's so-called contraception mandate.
By Robin Fretwell Wilson & Tanner Bean
EQUITABLE REMEDIES - Liu v. SEC - The Court cabins the SEC's ability to
disgorge defendants beyond ill-gotten gains. Many questions still remain,
but the SEC must now be more careful when taking assets.
By Jennifer Schulp
INSANITY AND STATE LAW - Kahler v. Kansas - The Supremes offer strong
protection to a state's right and responsibility to formulate its own
criminal law in light of local needs and traditions. This includes
determining when "insanity" absolves a killer-and when it doesn't.
By Paul J. Larkin Jr.
QUALIFIED AND ABSOLUTE IMMUNITY - Hernandez v. Mesa - Quite relevant to
recent public discourse over law enforcement's exaggerated legal
protections, the Court's ruling on a cross-border shooting incident risks a
precedential loophole in which federal officers are essentially absolutely
immune from personal liability.
By Stephen I. Vladeck
THE PRESIDENT: SUBPOENA RESISTANT? - Trump v. Vance & Trump v. Mazars -The
Court finds that a president is hardly personally immune from state
subpoenas, but Congress needs to get its facts straight before it subpoenas
records from the president. All justices agree that the president is not
absolutely immune from either.
By Jonathan H. Adler
CHURCH AND STATE - Espinoza v. Montana - The Court holds that
state-constitutional "Blaine Amendments"-restricting state expenditure on
religious schools-cannot stop individual parents from using state tuition
assistance for such purposes.
By Clint Bolick
TRIALS ON TRIAL - Ramos v. Louisiana - The incorporation of the Fourteenth
Amendment against the states continues unabated, as the Court rules that
guilty verdicts in criminal trials must be unanimous. Possibly a worthy
policy goal but, as a constitutional matter, originalists would like a
word.
By Nicholas M. Mosvick & Mitchell A. Mosvick
ELECTORAL COLLEGE - Chiafalo v. Washington & Colorado v. Baca - Its crunch
time for the Electoral College in this test of a state's power to control
its presidential electors. The Court chose to follow a tradition of wide
latitude to a state's choices, reducing the chance that the outcome of a
presidential election might ever hang on the whims of a cadre of faithless
electors.
By Keith E. Whittington
LOOKING AHEAD - The Pacific Legal Foundation's Anastasia Boden previews
what we can expect in the Court's next term.