The U.S. Supreme Court and New Federalism: From the Rehnquist Court to the Roberts Court. By Christopher P. Banks and John C. Blakeman. Lanham, MD: Rowman & Littlefield, 2012. 348p. $49.95.

In this first systematic and extensive application of cross-judicial methodology, we examine the members of the Rehnquist Court (1986–94 terms) with prior appellate court experience to discern any correlation with their Supreme Court behavior in terms of nonconsensual opinion writing and voting. We find that they become less consensual as justices than they were as judges in the lower court. Importantly, this finding holds after controlling for such institutional differences between the two court levels as size, ideology, case types, stare decisis, and norms. Consistent with the neoinstitutional perspective, we surmise that this behavior change is due to the modern Supreme Court being unique, a court on which the members feel it is desirable, necessary, and possible to express policy disagreements with the majority via separate opinions and votes.

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The U.S. Supreme Court, new federalism, and public policy

Controversies in American Federalism and Public Policy ◽

10.4324/9781315178448-1 ◽

2018 ◽

pp. 1-17

Author(s):

John C. Blakeman ◽

Christopher P. Banks

Keyword(s):

Public Policy ◽

Supreme Court ◽

New Federalism ◽

The U.S

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Antitrust: U.S. Supreme Court Affirms FTC Jurisdiction but Vacates Scope of Analysis on CDA Policy

The Journal of Law Medicine & Ethics ◽

10.1017/s1073110500012912 ◽

1999 ◽

Vol 27 (2) ◽

pp. 197-198

Author(s):

Joseph R. Zakhary

Keyword(s):

Public Relations ◽

Supreme Court ◽

Federal Trade Commission ◽

Ninth Circuit ◽

Court Of Appeals ◽

For Profit ◽

Rule Of Reason ◽

Antitrust Analysis ◽

Business Financing ◽

The U.S

In California Dental Association v. FTC, 119 S. Ct. 1604 (1999), the U.S. Supreme Court reviewed a decision by the U.S. Court of Appeals for the Ninth Circuit that a nonprofit affiliation of dentists violated section 5 of the Federal Trade Commission Act (FTCA), 15 U.S.C.A. § 45 (1998), which prohibits unfair competition. The Court examined two issues: (1) the Federal Trade Commission's (FTC) jurisdiction over the California Dental Association (CDA); and (2) the proper scope of antitrust analysis. The Court unanimously held that CDA was subject to FTC's jurisdiction, but split 5-4 in its finding that the district court's use of abbreviated rule-of-reason analysis was inappropriate.CDA is a voluntary, nonprofit association of local dental societies. It boasts approximately 19,000 members, who constitute roughly threequarters of the dentists practicing in California. Although a nonprofit, CDA includes for-profit subsidiaries that financially benefit CDA members. CDA gives its members access to insurance and business financing, and lobbies and litigates on their behalf. Members also benefit from CDA marketing and public relations campaigns.

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