In this annual review from the Cato Institute, Ilya Shapiro and leading legal scholars analyze the 2018-2019 Supreme Court term, specifically the most important and far-reaching cases of the year, plus cases coming up. Now in its eighteenth edition, the Review is the first scholarly journal to appear after the term's end and the only one grounded in the nation's first principles, liberty, and limited government.
In this annual review from the Cato Institute, Ilya Shapiro and leading legal scholars analyze the 2018-2019 Supreme Court term, specifically the most important and far-reaching cases of the year, plus cases coming up. Now in its eighteenth edition, the Review is the first scholarly journal to appear after the term's end and the only one grounded in the nation's first principles, liberty, and limited government.
FOREWORD - The Review's publisher examines how the Court, now with Justices Kavanaugh and Gorsuch, is shaping up. By Ilya Shapiro AGENCY DEFERENCE - Kisor v. Wilkie - Many people thought the Court would roll back the administrative state, but instead they tinkered with the edges. Was this actually a big decision? By Paul S. Larkin Jr. CROSSES ON PUBLIC LAND - American Legion v. American Humanist Association - The Court blocked an attack on a ceremonial cross on public land. Does the decision signal an end to "cross wars" and other challenges to religious symbols in public places? By Michael McConnell FIGHTING EMINENT DOMAIN - Knick v. Township of Scott, PA - Fighting eminent domain became easier as the Court overturned a 34-year-old roadblock to bringing challenges. By Ilya Somin LIQUOR LICENSING - Tennessee Wine & Spirits Retailers Association v. Thomas - The 21st Amendment couldn't save Tennessee's residency requirement for liquor licenses from being struck down under the Commerce Clause. By Braden Boucek CONGRESSIONAL DELEGATION - Gundy v. United States - This sleeper blockbuster showed that the Court might be willing to revisit the question of whether Congress delegates too much of its power to agencies. By Gary S. Lawson FIGHTING CIVIL FORFEITURE - Timbs v. Indiana - The Constitution's Excessive Fines Clause now applies to the states, and it can also apply to civil forfeitures, opening new avenues to challenge a commonly abused practice. By Brianne J. Gorod and Brian R. Frazelle DOUBLE JEOPARDY - Gamble v. United States - The Court declined to overturn the "dual sovereign" exception to the Double Jeopardy Clause, which allows both a state and the federal government to prosecute someone twice for the same offense. By Anthony J. Colangelo ANTITRUST & APPLE - Apple Inc. v. Pepper - Does Apple have a monopoly on apps? Can App Store purchasers sue even though they aren't direct purchasers? The Court said yes, charting a new direction in antitrust law. By Joshua D. Wright
FOREWORD - The Review's publisher examines how the Court, now with Justices Kavanaugh and Gorsuch, is shaping up. By Ilya Shapiro AGENCY DEFERENCE - Kisor v. Wilkie - Many people thought the Court would roll back the administrative state, but instead they tinkered with the edges. Was this actually a big decision? By Paul S. Larkin Jr. CROSSES ON PUBLIC LAND - American Legion v. American Humanist Association - The Court blocked an attack on a ceremonial cross on public land. Does the decision signal an end to "cross wars" and other challenges to religious symbols in public places? By Michael McConnell FIGHTING EMINENT DOMAIN - Knick v. Township of Scott, PA - Fighting eminent domain became easier as the Court overturned a 34-year-old roadblock to bringing challenges. By Ilya Somin LIQUOR LICENSING - Tennessee Wine & Spirits Retailers Association v. Thomas - The 21st Amendment couldn't save Tennessee's residency requirement for liquor licenses from being struck down under the Commerce Clause. By Braden Boucek CONGRESSIONAL DELEGATION - Gundy v. United States - This sleeper blockbuster showed that the Court might be willing to revisit the question of whether Congress delegates too much of its power to agencies. By Gary S. Lawson FIGHTING CIVIL FORFEITURE - Timbs v. Indiana - The Constitution's Excessive Fines Clause now applies to the states, and it can also apply to civil forfeitures, opening new avenues to challenge a commonly abused practice. By Brianne J. Gorod and Brian R. Frazelle DOUBLE JEOPARDY - Gamble v. United States - The Court declined to overturn the "dual sovereign" exception to the Double Jeopardy Clause, which allows both a state and the federal government to prosecute someone twice for the same offense. By Anthony J. Colangelo ANTITRUST & APPLE - Apple Inc. v. Pepper - Does Apple have a monopoly on apps? Can App Store purchasers sue even though they aren't direct purchasers? The Court said yes, charting a new direction in antitrust law. By Joshua D. Wright
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