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The Constitutional Right To A Treaty Preemption Defense, David Sloss
The Constitutional Right To A Treaty Preemption Defense, David Sloss
Faculty Publications
The Constitution includes several provisions specifically designed to protect criminal defendants. For example, the Fourth Amendment prohibits "unreasonable searches and seizures," the Sixth Amendment guarantees that criminal defendants have a right to legal representation, and the Eighth Amendment prohibits cruel and unusual punishments. The Constitution' s Founders recognized that state power is at its apex when the state threatens individuals with criminal sanctions. Accordingly, they adopted special constitutional rules to protect "the individual defendant from the awesome power of the State."
The Due Process Clause provides critical protection for criminal defendants; it stipulates that no State shall "deprive any person …
Business, The Roberts Court, And The Solicitor General: Why The Supreme Court's Recent Business Decisions May Not Reveal Very Much, Sri Srinivasan, Bradley W. Joondeph
Business, The Roberts Court, And The Solicitor General: Why The Supreme Court's Recent Business Decisions May Not Reveal Very Much, Sri Srinivasan, Bradley W. Joondeph
Faculty Publications
This essay presents an empirical examination of the full universe of the Roberts Court’s decisions affecting the interests of business from January 2006, when Justice Alito joined the Court, to January 2009. As a purely descriptive matter, we find that the Court tended to reach results favorable to business interests, and that it tended to adopt the positions urged by the Bush administration. Moreover, when those two positions diverged-most saliently, in cases where the United States and the United States Chamber of Commerce filed opposing amicus briefs-the Roberts Court overwhelmingly sided with the government.
While these findings are interesting, our …