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Justice Antonin Scalia And The Supreme Court S Conservative Moment

Author: Christopher E. Smith
Publisher: ABC-CLIO
ISBN: 027594705X
Size: 60.48 MB
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Smith (political science, U. of Akron) presents a scholarly treatment of the decision making in the US Supreme Court during the conservative era, pivoting on Antonin Scalia, who was appointed by Ronald Reagan in 1986. Considers the court before his arrival, his background and personality, his judici

Justice Antonin Scalia And The Conservative Revival

Author: Richard A. Brisbin
Publisher: JHU Press
ISBN: 9780801860942
Size: 77.48 MB
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As the leading legal voice of the American conservative movement, Supreme Court Justice Antonin Scalia has challenged the assumptions and legal methodology of American liberals. In this thorough and exacting study of the development of Justice Scalia's legal principles, Richard Brisbin explores the foundation and elaboration of the justice's conservative political vision. After reviewing Scalia's legal experiences before joining the Supreme Court and describing the influences on his political and legal thought, Brisbin undertakes a detailed analysis of Scalia's Supreme Court voting record and opinions. The conservative philosophy emerging from Scalia's legal decisions, Brisbin argues, assumes the legitimacy and propriety of political regimes functioning under the rule of law. It disciplines—sometimes harshly—inappropriate uses of liberty and accepts the proposition that the law can serve as an effective means to structure, interpret, and control political conflicts. The most comprehensive study of Justice Scalia's politics and jurisprudence yet published, Justice Antonin Scalia and the Conservative Revival joins a vital discussion on contemporary American conservatism and the use of the law to restrain or undermine the New Deal state.

Supreme Court Justices

Author: Timothy L. Hall
Publisher: Infobase Publishing
ISBN: 1438108176
Size: 80.16 MB
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Presents an alphabetical listing of Supreme Court justices with a short biography on each person.

Scalia V Scalia

Author: Catherine L. Langford
Publisher: University of Alabama Press
ISBN: 0817319700
Size: 69.13 MB
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An analysis of the discrepancy between the ways Supreme Court Justice Antonin Scalia argued the Constitution should be interpreted versus how he actually interpreted the law. Antonin Scalia is considered one of the most controversial justices to have been on the United States Supreme Court. A vocal advocate of textualist interpretation, Justice Scalia argued that the Constitution means only what it says and that interpretations of the document should be confined strictly to the directives supplied therein. This narrow form of constitutional interpretation, which limits constitutional meaning to the written text of the Constitution, is known as textualism. Scalia v. Scalia:Opportunistic Textualism in Constitutional Interpretation examines Scalia’s discussions of textualism in his speeches, extrajudicial writings, and judicial opinions. Throughout his writings, Scalia argues textualism is the only acceptable form of constitutional interpretation. Yet Scalia does not clearly define his textualism, nor does he always rely upon textualism to the exclusion of other interpretive means. Scalia is seen as the standard bearer for textualism. But when textualism fails to support his ideological aims (as in cases that pertain to states’ rights or separation of powers), Scalia reverts to other forms of argumentation. Langford analyzes Scalia’s opinions in a clear area of law, the cruel and unusual punishment clause; a contested area of law, the free exercise and establishment cases; and a silent area of law, abortion. Through her analysis, Langford shows that Scalia uses rhetorical strategies beyond those of a textualist approach, concluding that Scalia is an opportunistic textualist and that textualism is as rhetorical as any other form of judicial interpretation.

The Conservative Revolution Of Antonin Scalia

Author: David A Schultz
Publisher: Rowman & Littlefield
ISBN: 1498564496
Size: 16.67 MB
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This collection is a comprehensive and thorough assessment of the impact and legacy that Justice Antonin Scalia had on the Supreme Court. Chapters are written by leading legal and political science scholars of the Supreme Court and examine the lasting legacy of one of the most controversial Supreme Court Justices in American history.

The Opinions Of Justice Antonin Scalia

Author: Antonin Scalia
Publisher: Peter Lang Pub Incorporated
Size: 59.80 MB
Format: PDF
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Judicial opinions written by justices of the United States Supreme Court are readily available, yet few Americans will ever examine the full substance of a Court opinion. Students, particularly undergraduate students with no real expertise (or interest) in the law, can find reading opinions an overwhelming and laborious process. The opinions of Justice Scalia are a different matter. Scalia is often sarcastic, smug, and self-assured. He does not hesitate to take his colleagues to task when he feels they are wrong and does not mind stooping to ridicule and personal attack when it serves his point. In short, whether a reader agrees or disagrees with the points that Scalia seeks to make through these opinions, they are not boring. The layperson as well as the student of government, political science, and law will find the words of Justice Scalia well worth reading. Teachers will find these opinions useful for stimulating class discussions at every level.

Judicial Self Interest

Author: Christopher E. Smith
Publisher: Greenwood Publishing Group
ISBN: 9780275952167
Size: 21.27 MB
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This book examines the federal judiciary in light of political science research on the role of interests and interest groups in the making of public policy. The author finds that efforts of federal judges to shape court administration are guided, in part, by self-interest which consequently affects the development and results of judicial policies. He argues that we must recognize judges as self-interested political actors whose motivation and behavior patterns are comparable to other political and administrative actors. By examining the actions of federal judges on a series of illustrative issues--civil justice reform, judicial salaries, habeas corpus reform, and judicial bureaucratization--the book illuminates the ways in which the judges' self-interested actions affect the courts and society. Judicial self-interest is not portrayed here as bad or even unexpected, but as a motivational factor of significance for government, law, and society that should be recognized and harnessed appropriately.