Cato Supreme Court Review: 2009–2010

Now in its ninth year, this acclaimed annual publication brings together leading national scholars to analyze the Supreme Court’s most important decisions from the term just ended and preview the year ahead. The Cato Supreme Court Review is unlike any other publication that follows the work of the Court. A timely and in‐​depth review, it appears less than three months after the Court’s term ends and before the new term begins. Although directed to legal experts, its articles are fully accessible to non‐​attorneys interested in the work of the Court. Crucial to its exceptional coverage, the Review takes a Madisonian perspective, grounded in the nation’s first principles, liberty and limited government.

About the Editor

Ilya Shapiro is a senior fellow in constitutional studies and editor‐​in‐​chief of the Cato Supreme Court Review. Before joining Cato he was Special Assistant/​Advisor to the Multi‐​National Force‐​Iraq on rule of law issues; practiced international, political, commercial, and antitrust litigation at Patton Boggs LLP and Cleary Gottlieb LLP; and clerked on the U.S. Court of Appeals for the Fifth Circuit. Mr. Shapiro has written for a wide variety of publications and regularly appears on TV and radio to comment on legal issues. Mr. Shapiro holds degrees from Princeton University, the London School of Economics, and the University of Chicago Law School, and has been an adjunct professor at the George Washington University Law School.

Topics & Contributors

Strikes down a provision of the McCain‐​Feingold Act that could have led to the regulation of publications and reinforced the idea that corporations and other associations have certain rights. By James Bopp Jr. and Richard E. Coleson

Discusses whether a law criminalizing the “depiction of animal cruelty” violates the First Amendment. By Nadine Strossen

FREEDOM OF ASSOCIATION— Christian Legal Society v. Martinez
Can a public university invoke its nondiscrimination policy to decline to recognize a student group that requires members to adhere to certain beliefs and conduct? By Richard A. Epstein

Asks whether a state can require petition proponents to reveal the personal information of petition signers. By Steve Simpson

SECOND AMENDMENT— McDonald v. Chicago
Extends to the states the individual right to keep and bear arms. By Alan Gura, Ilya Shapiro, and Josh Blackman

HONEST SERVICES FRAUD— Black v. United States; Weyhrauch v. United States; Skilling v. United States
The Court examines a trio of high profile criminal cases to decide whether the federal prohibition on “honest services fraud” violates civil liberties. By Harvey A. Silverglate and Monica R. Shah

FEDERAL POWER—United States v. Comstock
Interprets the Necessary and Proper Clause to determine whether Congress has the power to civilly commit “sexually dangerous” federal prisoners once their prison terms conclude. By Ilya Somin

EXECUTIVE AGENCIES—Free Enterprise Fund v. Public Company Accounting Oversight Board
Examines the constitutional defect in the structure of the agency that was created to enforce the Sarbanes‐​Oxley law. By Hans Bader

FINANCIAL REGULATION—Jones v. Harris Associates A unanimous Court sets the standard for evaluating the propriety of mutual fund managers’ compensation. By Larry Ribstein

One of the biggest patent cases in decades considers whether a “business method” can be patented. By Michael Risch

ANTITRUST—American Needle v. NFL
A unanimous decision allowing a sports merchandise manufacturer to challenge the NFL’s exclusive licenses. By Judd E. Stone and Joshua D. Wright


THE NINTH AMENDMENT IN LIGHT OF TEXT AND HISTORY—Michael W. McConnell of Stanford Law School explains how a misunderstood constitutional
provision helps us understand the fundamental structure of rights reserved and powers granted by the Constitution, the relation of the Bill of Rights to the original Constitution, and the role of natural rights in American constitutionalism.

LOOKING AHEAD—Supreme Court specialist Erik S. Jaffe, former clerk to Justice Thomas, offers analysis and predictions for the 2010-11 term.