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Author: Richard L. Hasen
Publisher: Yale University Press
ISBN: 0300228643
Category : Biography & Autobiography
Languages : en
Pages : 245
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Book Description
An eye-opening look at the influential Supreme Court justice who disrupted American jurisprudence in order to delegitimize opponents and establish a conservative legal order
Author: Richard L. Hasen
Publisher: Yale University Press
ISBN: 0300228643
Category : Biography & Autobiography
Languages : en
Pages : 245
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Book Description
An eye-opening look at the influential Supreme Court justice who disrupted American jurisprudence in order to delegitimize opponents and establish a conservative legal order
Author: David Andrew Schultz
Publisher: Rowman & Littlefield
ISBN: 9780847681327
Category : Biography & Autobiography
Languages : en
Pages : 286
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Book Description
That Scalia has most profoundly affected, particularly constitutional protections for property rights. Citing Scalia's use of judicial review to check legislative power and his attempts to limit several types of individual rights developed during the Warren and Burger courts, the authors conclude that Scalia's decisions reflect an effort to create a post-Carolene Products jurisprudence and to form a new pattern of assumptions regarding the role of the Supreme Court in.
Author: Brian G. Slocum
Publisher: University of Chicago Press
ISBN: 022660182X
Category : Law
Languages : en
Pages : 268
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Book Description
Justice Antonin Scalia (1936–2016) was the single most important figure in the emergence of the “new originalist” interpretation of the US Constitution, which sought to anchor the court’s interpretation of the Constitution to the ordinary meaning of the words at the time of drafting. For Scalia, the meaning of constitutional provisions and statutes was rigidly fixed by their original meanings with little concern for extratextual considerations. While some lauded his uncompromising principles, others argued that such a rigid view of the Constitution both denies and attempts to limit the discretion of judges in ways that damage and distort our system of law. In this edited collection, leading scholars from law, political science, philosophy, rhetoric, and linguistics look at the ways Scalia framed and stated his arguments. Focusing on rhetorical strategies rather than the logic or validity of Scalia’s legal arguments, the contributors collectively reveal that Scalia enacted his rigidly conservative vision of the law through his rhetorical framing.
Author: Edward A. Purcell
Publisher:
ISBN: 0197508766
Category : Law
Languages : en
Pages : 329
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Book Description
Antonin Scalia and American Constitutionalism is an in-depth study of Justice Antonin Scalia's jurisprudence, his work on the Supreme Court, and his significance in the history of American constitutionalism. This book reviews and criticizes his general jurisprudential theory, arguing that he failed to produce either the objective method he claimed or the correct constitutional results he promised.
Author: David Andrew Schultz
Publisher: Rowman & Littlefield Pub Incorporated
ISBN: 9780847681310
Category : Law
Languages : en
Pages : 245
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Book Description
That Scalia has most profoundly affected, particularly constitutional protections for property rights. Citing Scalia's use of judicial review to check legislative power and his attempts to limit several types of individual rights developed during the Warren and Burger courts, the authors conclude that Scalia's decisions reflect an effort to create a post-Carolene Products jurisprudence and to form a new pattern of assumptions regarding the role of the Supreme Court in.
Author: Antonin Scalia
Publisher: Princeton University Press
ISBN: 0691174040
Category : Law
Languages : en
Pages : 197
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Book Description
We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim—“distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal—good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the “strict constructionism” that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly “smuggle” in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals. This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia’s ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics. Featuring a new foreword that discusses Scalia’s impact, jurisprudence, and legacy, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time.
Author: Bruce Allen Murphy
Publisher: Simon and Schuster
ISBN: 0743296494
Category : Biography & Autobiography
Languages : en
Pages : 656
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Book Description
A deeply researched portrait of the controversial Supreme Court justice covers his career achievements, his appointment in 1986, and his resolve to support agendas from an ethical, rather than political, perspective.
Author: Antonin Scalia
Publisher: West Publishing Company
ISBN: 9780314275554
Category : Judicial process
Languages : en
Pages : 0
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Book Description
In this groundbreaking book, Scalia and Garner systematically explain all the most important principles of constitutional, statutory, and contractual interpretation in an engaging and informative style with hundreds of illustrations from actual cases. Is a burrito a sandwich? Is a corporation entitled to personal privacy? If you trade a gun for drugs, are you using a gun in a drug transaction? The authors grapple with these and dozens of equally curious questions while explaining the most principled, lucid, and reliable techniques for deriving meaning from authoritative texts. Meanwhile, the book takes up some of the most controversial issues in modern jurisprudence. What, exactly, is textualism? Why is strict construction a bad thing? What is the true doctrine of originalism? And which is more important: the spirit of the law, or the letter? The authors write with a well-argued point of view that is definitive yet nuanced, straightforward yet sophisticated.
Author: Aharon Barak
Publisher: Princeton University Press
ISBN: 1400827043
Category : Law
Languages : en
Pages : 355
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Book Description
Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questions that one of the world's foremost judges and legal theorists, Aharon Barak, poses in this book. In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role comprises two central elements beyond dispute resolution: bridging the gap between the law and society, and protecting the constitution and democracy. The former involves balancing the need to adapt the law to social change against the need for stability; the latter, judges' ultimate accountability, not to public opinion or to politicians, but to the "internal morality" of democracy. Barak's vigorous support of "purposive interpretation" (interpreting legal texts--for example, statutes and constitutions--in light of their purpose) contrasts sharply with the influential "originalism" advocated by U.S. Supreme Court Justice Antonin Scalia. As he explores these questions, Barak also traces how supreme courts in major democracies have evolved since World War II, and he guides us through many of his own decisions to show how he has tried to put these principles into action, even under the burden of judging on terrorism.
Author: Ralph A. Rossum
Publisher: University Press of Kansas
ISBN: 0700623507
Category : Law
Languages : en
Pages : 366
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Book Description
In the new afterword Ralph Rossum covers Antonin Scalia’s entire career and discusses the thirty-eight major opinions since the original 2006 publication, including District of Columbia v. Heller, his dissent in the Obamacare cases of NFIB v. Sebelius and King v. Burwell, his important recess appointments case of NLRB v. Noel Canning, his procedural decisions on the Fourth Amendment and the Confrontation Clause, his equal protection (racial preference) opinions, and Hein v. Freedom from Religion Foundation. Lionized by the right and demonized by the left, Supreme Court Justice Antonin Scalia is the high court's quintessential conservative. Witty, outspoken, often abrasive, he is widely regarded as the most controversial member of the Court. This book is the first comprehensive, reasoned, and sympathetic analysis of how Scalia has decided cases during his entire twenty-year Supreme Court tenure. Ralph Rossum focuses on Scalia's more than 600 Supreme Court opinions and dissents-carefully wrought, passionately argued, and filled with well-turned phrases-which portray him as an eloquent defender of an "original meaning" jurisprudence. He also includes analyses of Scalia's Court of Appeals opinions for the D.C. circuit, his major law review articles as a law professor and judge, and his provocative book, A Matter of Interpretation. Rossum reveals Scalia's understanding of key issues confronting today's Court, such as the separation of powers, federalism, the free speech and press and religion clauses of the First Amendment, and the due process and equal protection clauses of the Fourteenth Amendment. He suggests that Scalia displays such a keen interest in defending federalism that he sometimes departs from text and tradition, and reveals that he has disagreed with other justices most often in decisions involving the meaning of the First Amendment's establishment clause. He also analyzes Scalia's positions on the commerce clause and habeas corpus clause of Article I, the take care clause of Article II, the criminal procedural provisions of Amendments Four through Eight, protection of state sovereign immunity in the Eleventh Amendment, and Congress's enforcement power under Section 5 of the Fourteenth Amendment. The first book to fully articulate the contours of Scalia's constitutional philosophy and jurisprudence, Rossum's insightful study ultimately depicts Scalia as a principled, consistent, and intelligent textualist who is fearless and resolute, notwithstanding the controversy he often inspires.
