Justice Sotomayor on the Supreme Court: A Boon for Business?
Dana M. Muir
University of Michigan - Stephen M. Ross School of Business
North Carolina State University - Department of Business Management
Stephanie M. Greene
Boston College - Carroll School of Management
University of Maryland - Robert H. Smith School of Business
Robert E. Thomas
University of Florida - Warrington College of Business Administration; Business Law & Legal Studies
Ross School of Business Paper No. 1134
Virgina Law and Business Review, Fall 2009
In this essay, five business law professors with specialties in five different doctrinal areas analyze Justice Sonia Sotomayor’s jurisprudence in those areas and consider the implications of her appointment to the Supreme Court. Each of the areas, intellectual property, antitrust, securities, ERISA, and employment law, involves an area of federal law of significant importance to businesses. Although employment law also is a matter of state law, this essay focuses on the federal employment law statutes. Based on our analysis, we believe that Justice Sotomayor will approach business cases from a neutral perspective. Overall, we find support for the generally accepted view that Justice Sotomayor hews closely to precedent and uses a careful, methodical approach to her legal decisions and case drafting. We also find support, though, in a number of the doctrinal areas that Justice Sotomayor brings a strong sense of fairness and demand for appropriate process. At the same time, there are indications across multiple areas that she is quite deferential to governmental actors, including agency expertise. Finally, her approach to damages also reflects her sense of fairness with examples indicating a tendency to limit damage awards to the amount of loss by plaintiffs.
Number of Pages in PDF File: 30
Keywords: juridsprudence, Supreme Court, intellectual property, antitrust, securities, employment law
JEL Classification: K10, K21, K22, K31working papers series
Date posted: October 7, 2009
© 2013 Social Science Electronic Publishing, Inc. All Rights Reserved.
This page was processed by apollo1 in 1.844 seconds