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A Court For The One Percent: How The Supreme Court Contributes To Economic Inequality, Michele Gilman
A Court For The One Percent: How The Supreme Court Contributes To Economic Inequality, Michele Gilman
Utah Law Review
This Article explores the United States Supreme Court’s role in furthering economic inequality. The Occupy Wall Street movement in 2011 not only highlighted growing income and wealth inequality in the United States, but also pointed the blame at governmental policies that favor business interests and the wealthy due to their outsized influence on politicians. Numerous economists and political scientists agree with this thesis. However, in focusing ire on the political branches and big business, these critiques have largely overlooked the role of the judiciary in fostering economic inequality. The Court’s doctrine touches each of the major causes of economic inequality, …
The Philosophy And Jurisprudence Of Chief Justice Roberts, Kiel Brennan-Marquez
The Philosophy And Jurisprudence Of Chief Justice Roberts, Kiel Brennan-Marquez
Utah Law Review
A thicket of commentary has blossomed around the figure of Chief Justice Roberts. The bulk of it, however, has either focused exclusively on his role in the 2011 term or has lumped him in uncritically with the Court’s conservative wing. In response, this Article takes a wider view of his tenure, arguing that Chief Justice Roberts is best understood as an idealist, a true believer in the rule of law, with a special sensitivity toward issues of constitutional structure. In the first Part of the Article, I explore Chief Justice Roberts’s penchant for infusing his opinions with “teaching moments”—a tendency …