Cato Supreme Court Review, 2005-2006

by Moller, Mark K.

• ISBN13: 9781933995014
• ISBN10: 1933995017
• Format: Paperback
• Copyright: 2006-09-14
• Publisher: Cato Institute

Summary

The appointments of Chief Justice John Roberts and Associate Justice Samuel Alito made this a momentous year for the Supreme Court. Now, speculation is rife about the impact these justices will have on our constitutional rights. In its first term, the new Roberts Court has tackled controversial cases involving assisted suicide, wetlands, campaign finance, free speech, and privacy rights-providing, in the process, important hints about the direction the new Court will chart. In this annual review from the Cato Institute, edited by Mark Moller, leading legal scholars analyze these and other far-reaching cases of the 2005-2006 Supreme Court term. More necessary than ever, the Cato Supreme Court Review is unique and timely reading, critiquing the Court's decisions and emerging directions with authenticity, insight, and clarity.

Table of Contents

Foreword	p. vii
Introduction	p. 1
Annual B. Kenneth Simon Lecture
Religion and the Constitution: A Libertarian Perspective	p. 7
Articles
Separation of Powers in Wartime: An Exchange
More Real than Apparent: Separation of Powers, the Rule of Law, and Comparative Executive "Creativity" in Hamdan v. Rumsfeld	p. 51
An Imperial Judiciary at War: Hamdan v. Rumsfeld	p. 83
Federalism
A False Dawn for Federalism: Clear Statement Rules after Gonzales v. Raich	p. 113
Dabit, Preemption, and Choice of Law	p. 141
DaimlerChrysler Corp. v. Cuno, State Investment Incentives, and the Future of the Dormant Commerce Clause Doctrine	p. 173
Freedom of Speech
The Per Curiam Opinion of Steel: Buckley v. Valeo as Superprecedent? Clues from Wisconsin and Vermont	p. 195
Unanimously Wrong	p. 217
Religious Liberty
Taking Accomodation Seriously: Religious Freedom and the O Centro Case	p. 257
Fourth Amendment and Criminal Procedure
The End of the Exclusionary Rule, Among Other Things: The Roberts Court Takes on the Fourth Amendment	p. 283
Finding Bickel Gold in a Hill of Beans	p. 311
Antitrust
Missed Opportunities in Independent Ink	p. 333
Coming Up
Looking Ahead: October Term 2006	p. 361
Contributors	p. 387
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