THE SUPREME COURT AND PRIVATE LAW: THE VANISHING IMPORTANCE OF SECURITIES AND ANTITRUST

Sullivan and Thompson use US Supreme Court securities and antitrust cases to explore the extent to which the Court's dominant constitutional law persona carries over to contexts that are more private and transactional. The results of cases from over the last three decades in securities and antitrust law are presented and the explanations for the changes are explored. Among other things, they conclude that the dearth securities and antitrust cases decided by the current Court during a decade in which its memberships has not changed suggests a lack if interest in both areas.