|
|
|
|
|
|
|
Many have commented that the Supreme Court has become extremely friendly to the interests of American business. The Court is taking more cases involving business interests, and has been surprisingly united in these cases: liberal Justices have commented about how "private-securities fraud actions, if not adequately contained, can be employed abusively" (Ginsberg), and the Court has accordingly shown little patience for such suits; the Court has deemed many punitive damages excessive; State law has been partially or fully preempted in products liability suits (e.g. for medical devices in Metronics) in favor of more forgiving federal requirements; there seems to be a consensus on the value of free markets.
Is this a testament to the muscle and power of America’s business community? a victory for sound, rational reasoning? the cause of prevailing political values of the governing coalitions in the elected branches? Our symposium will provide a forum for dialoge, debate, and analysis of the various constitutional issues and explanations for what some have called the Court's extreme friendliness to American business interests.
|
|
