Antonin Scalia s Jurisprudence

Author: Ralph A. Rossum
Publisher:
ISBN: UOM:39015063244746
Release Date: 2006
Genre: Biography & Autobiography

"This book is the first comprehensive, reasoned, and sympathetic analysis of how Scalia has decided cases during his entire nineteen-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."--BOOK JACKET.

The American Judicial Tradition

Author: G. Edward White
Publisher: Oxford University Press
ISBN: 019972430X
Release Date: 2007-01-11
Genre: Biography & Autobiography

In this revised third edition of a classic in American jurisprudence, G. Edward White updates his series of portraits of the most famous appellate judges in American history from John Marshall to Oliver W. Holmes to Warren E. Burger, with a new chapter on the Rehnquist Court. White traces the development of the American judicial tradition through biographical sketches of the careers and contributions of these renowned judges. In this updated edition, he argues that the Rehnquist Court's approach to constitutional interpretation may have ushered in a new stage in the American judicial tradition. The update also includes a new preface and revised bibliographic note.

Biographical Encyclopedia of the Supreme Court

Author: Melvin I. Urofsky
Publisher: CQ Press
ISBN: 9781452267289
Release Date: 2006-05-25
Genre: Political Science

The recent dramatic shift in makeup of the U.S. Supreme Court has led to great interest in the rulings and legal opinions of its justices. Now, CQ Press brings you a comprehensive volume that analyzes the lives and legal philosophies of all past and present justices of the Court. Biographical Encyclopedia of the Supreme Court includes signed essays profiling the men and women who have served and are serving on the U.S. Supreme Court. This one-of-a-kind reference includes not only important biographical information, but also in-depth details of the legal contributions made by the men and women of the nation's highest bench. Keeping up with the recent changes to the Court, this volume includes all current justices. New essays profile Chief Justice John Roberts and Justice Samuel Alito. Justices are arranged in an easy-to-use alphabetical format. Each essay is prefaced with key biographical information for each justice such as: Birth and death dates Date of nomination to the Court The name of president who nominated the justice The date he or she was seated Date range of service on the Court Within each essay, written by a top legal expert, scholar, or journalist, Biographical Encyclopedia of the Supreme Court provides facts and context along with analysis of the opinions and legal philosophies for each justice. This new volume is an updated edition of The Supreme Court Justices: A Biographical Dictionary (1994). It will prove a valuable resource for academic, community college, law school, and public libraries.

Scalia s Constitution

Author: Paul E. Peterson
Publisher: Springer
ISBN: 9783319589312
Release Date: 2017-08-24
Genre: Political Science

This book explores the application of Scalia’s textualism and originalism to education law and reflects upon Scalia’s teachings and his pedagogy. Education law may seem to be an odd vehicle for considering Scalia’s constitutional approach, but thinking about schools requires attention to political fundamentals—freedom of speech, free exercise of religion, equality of opportunity, federalism, and the proper role of the expert. Legal scholars, philosophers, and political scientists provide both critiques and apologies for Scalia’s approach.

Age of Fracture

Author: Daniel T. Rodgers
Publisher: Harvard University Press
ISBN: 9780674059528
Release Date: 2011-05-01
Genre: History

Rodgers presents the first broadly gauged history of the ideas and arguments that profoundly reshaped America in the last quarter of the twentieth century. From the ways in which Ronald Reagan changed the formulas of the Cold War presidency to the era’s intense debates over gender, race, economics, and history, it maps the dynamics through which mid-twentieth-century ideas of structure fell apart between the mid 1970s and the end of the century. Where conventional histories of modern America have focused on specific decades, the book traces the larger transformations in social ideas and visions that reshaped the era from the early 1970s through the end of the century.

In Defense of Plural Marriage

Author: Ronald C. Den Otter
Publisher: Cambridge University Press
ISBN: 9781107087712
Release Date: 2015-05-28
Genre: Law

This book outlines the constitutional argument in favor of plural marriage in the United States.

History of American Political Thought

Author: Bryan-Paul Frost
Publisher: Lexington Books
ISBN: 0739106244
Release Date: 2003-01-01
Genre: Political Science

This book is a collection of secondary essays on America's most important philosophic thinkers—statesmen, judges, writers, educators, and activists—from the colonial period to the present. Each essay is a comprehensive introduction to the thought of a noted American on the fundamental meaning of the American regime.

Understanding Clarence Thomas

Author: Ralph A. Rossum
Publisher:
ISBN: 0700619488
Release Date: 2014
Genre: Biography & Autobiography

The first thorough, well-documented, and fair-minded evaluation of Justice Thomas's 500 written opinions during 25 years on the Supreme Court, and, the most complete examination of his consistent original general meaning approach to constitutional interpretation.

The Jurisprudential Vision of Justice Antonin Scalia

Author: David Andrew Schultz
Publisher: Rowman & Littlefield
ISBN: 0847681327
Release Date: 1996-01-01
Genre: Law

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.

David Hackett Souter

Author: Tinsley E. Yarbrough
Publisher: Oxford University Press on Demand
ISBN: 9780195159332
Release Date: 2005-09-22
Genre: Biography & Autobiography

Sifting through Souter's opinions and other relevant records and interviews, esteemed Supreme Court biographer Yarbrough reveals the real David Souter, crafting a fascinating account of one of the heretofore most elusive Justices in the history of the Court.

Judging Statutes

Author: Robert A. Katzmann
Publisher: Oxford University Press
ISBN: 9780199362158
Release Date: 2014-08-14
Genre: Law

In an ideal world, the laws of Congress--known as federal statutes--would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress. When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration.

Arguing About Law

Author: Aileen Kavanagh
Publisher: Routledge
ISBN: 9781135029135
Release Date: 2013-12-16
Genre: Law

Arguing about Law introduces philosophy of law in an accessible and engaging way. The reader covers a wide range of topics, from general jurisprudence, law, the state and the individual, to topics in normative legal theory, as well as the theoretical foundations of public and private law. In addition to including many classics, Arguing About Law also includes both non-traditional selections and discussion of timely topical issues like the legal dimension of the war on terror. The editors provide lucid introductions to each section in which they give an overview of the debate and outline the arguments of the papers, helping the student get to grips with both the classic and core arguments and emerging debates in: the nature of law legality and morality the rule of law the duty to obey the law legal enforcement of sexual morality the nature of rights rights in an age of terror constitutional theory tort theory. Arguing About Law is an inventive and stimulating reader for students new to philosophy of law, legal theory and jurisprudence.

The Unexpected Scalia

Author: David Dorsen
Publisher: Cambridge University Press
ISBN: 9781107184107
Release Date: 2017-02-28
Genre: Law

Antonin Scalia was one of the most important, outspoken, and controversial Justices in the past century. His endorsements of originalism, which requires deciding cases as they would have been decided in 1789, and textualism, which limits judges in what they could consider in interpreting text, caused major changes in the way the Supreme Court decides cases. He was a leader in opposing abortion, the right to die, affirmative action, and mandated equality for gays and lesbians, and was for virtually untrammelled gun rights, political expenditures, and the imposition of the death penalty. However, he usually followed where his doctrine would take him, leading him to write many liberal opinions. A close friend of Scalia, David Dorsen explains the flawed judicial philosophy of one of the most important Supreme Court Justices of the past century.

The Heritage Guide to the Constitution

Author: David F. Forte
Publisher: Simon and Schuster
ISBN: 9781621573524
Release Date: 2014-09-16
Genre: Political Science

A landmark work of more than one hundred scholars, The Heritage Guide to the Constitution is a unique line-by-line analysis explaining every clause of America's founding charter and its contemporary meaning. In this fully revised second edition, leading scholars in law, history, and public policy offer more than two hundred updated and incisive essays on every clause of the Constitution. From the stirring words of the Preamble to the Twenty-seventh Amendment, you will gain new insights into the ideas that made America, important debates that continue from our Founding, and the Constitution's true meaning for our nation