Cato Supreme Court Review: 2007-2008


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About the Book

Now in its seventh year, this acclaimed annual publication, which comes out every September, brings together leading national scholars to analyze the Supreme Court’s most important decisions from the term just ended and preview the year ahead. The Cato Supreme Court Review is unlike any other publication that follows the work of the Court:

• It is timely. An in-depth review, it appears less than three months after the Court’s term ends and before the new term begins.
• Although directed to legal experts, its articles are fully accessible to nonattorneys interested in the work of the Court.
• Crucial to its exceptional coverage, the Review takes a Madisonian perspective–grounded in the nation’s first principles, liberty and limited government.

Cases critiqued in the 2007-2008 edition include major Court decisions on the Second Amendment, the rights of enemy combatant detainees in Guantánamo and elsewhere, the applicability of international law in state criminal proceedings, the regulation of political parties, and the biggest cases in decades in the areas of securities, patent, and energy law.

About the Editor

Ilya Shapiro is a senior fellow in constitutional studies and editor-in-chief of the Cato Supreme Court Review. Before joining Cato he was Special Assistant/Advisor to the Multi-National Force-Iraq on rule of law issues; practiced international, political, commercial, and antitrust litigation at Patton Boggs LLP and Cleary Gottlieb LLP; and clerked on the U.S. Court of Appeals for the Fifth Circuit. Mr. Shapiro has written for a wide variety of publications and regularly appears on TV and radio to comment on legal issues. Mr. Shapiro holds degrees from Princeton University, the London School of Economics, and the University of Chicago Law School, and has been an adjunct professor at the George Washington University Law School.

Topics & Contributors

TREATY ENFORCEMENT AND EXECUTIVE POWERSMedellín v. Texas – Whether a World Court ruling binds U.S. courts, and whether the president can enforce it.
By Ilya Shapiro

DETAINEE RIGHTSBoumediene v. Bush/Al-Odah v. United States, and Munaf v. Geren/Geren v. Omar – The procedures that should control disputes over the rights of enemy combatants in Guantanamo and elsewhere.
By Eric A. Posner

DETAINEE RIGHTSBoumediene v. Bush/Al-Odah v. United States, and Munaf v. Geren/Geren v. Omar – Another view on detainees’ rights to challenge their detention.
By David D. Cole

RIGHTS OF FREE ASSOCIATIONWashington State Grange v. Washington State Republican Party and New York Board of Elections v. Torres – What control should political parties have over how candidates are selected and who can claim affiliation?
By Erik S. Jaffe

GUN RIGHTSDistrict of Columbia v. Heller – Does the Second Amendment grant an individual right to keep and bear arms?
By Clark Neily

SEARCH AND SEIZUREVirginia v. Moore – A look at the Court’s unanimous decision that a search incident to an arrest that violates state law is still constitutional.
By Edward J. Loya, Jr.

LABOR LAW, FREE SPEECHChamber of Commerce v. Brown – The Court strikes down a California law that restricted employer speech on unionization.
By William J. Kilberg and Jennifer J. Schulp

SECURITIESStoneridge Investment Partners v. Scientific-Atlanta – A look at the Court’s recent jurisprudence on liability for aiding and abetting fraudulent statements.
By Adam C. Pritchard

PATENTSQuanta Computer v. LG Electronics – Examines the Court’s use of the patent exhaustion doctrine in deciding whether patent holders should be able to sue third parties for royalties.
By F. Scott Kieff

REGULATORY PREEMPTION – Current cases such as Riegel v. Medtronic, Inc. and Warner-Lambert v. Kent; future cases such as Wyeth v. Levine and Altria v. Good – What the Court’s docket says about business regulation and federalism.
By Daniel E. Troy and Rebecca K. Wood

ENERGYMorgan Stanley v. Public Utility No. 1 – Issues arising from the renegotiation of utility contracts after the California electricity crisis of 2000.
By Richard P. Bress


THE ONCE AND FUTURE FIRST AMENDMENT – Judge Janice Rogers Brown of the U.S. Court of Appeals for the D.C. Circuit presents her argument that constitutional guarantees of political, personal, and economic freedom are intertwined.

LOOKING AHEAD – Thomas C. Goldstein, leading Supreme Court advocate and founder of SCOTUSblog, offers analysis and predictions for the 2008-09 term.


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