Antonin Scalia s Jurisprudence

Author: Ralph A. Rossum
Publisher:
ISBN: 0700623507
Release Date: 2016-12
Genre: Biography & Autobiography

The first comprehensive, reasoned, and sympathetic analysis of how Scalia has decided cases now covers his entire Supreme Court tenure.

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.

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.

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 Court

Author: Antonin Scalia
Publisher: Regnery Publishing
ISBN: 9781621575337
Release Date: 2016-04-04
Genre: Political Science

The sudden passing of Justice Antonin Scalia shook America. After almost thirty years on the Supreme Court, Scalia had become as integral to the institution as the hallowed room in which he sat. His wisecracking interruptions during oral arguments, his unmatched legal wisdom, his unwavering dedication to the Constitution, and his blistering dissents defined his leadership role on the court and inspired new generations of policymakers and legal minds. Now, as Republicans and Democrats wage war over Scalia’s lamentably empty Supreme Court seat, Kevin Ring, former counsel to the U.S. Senate’s Constitution Subcommittee, has taken a close look at the cases that best illustrate Scalia’s character, philosophy, and legacy. In Scalia’s Court: A Legacy of Landmark Opinions and Dissents, Ring collects Scalia’s most memorable opinions on free speech, separation of powers, race, religious freedom, the rights of the accused, abortion, and more; and intersperses Scalia's own words with an analysis of his legal reasoning and his lasting impact on American jurisprudence. “I don’t worry about my legacy,” Scalia once told an audience at the National Archives. “Just do your job right, and who cares?” Now that "the lion of American law has left the stage,” as the U.S. Attorney General put it, it is for the rest of America to worry about his legacy—and to care.

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.

The Political Thought of Justice Antonin Scalia

Author: James Brian Staab
Publisher: Rowman & Littlefield
ISBN: 0742543110
Release Date: 2006-01-01
Genre: Biography & Autobiography

The Political Thought of Justice Antonin Scalia explores the similarities in political and constitutional thought between Justice Antonin Scalia and Alexander Hamilton and concludes that Hamilton holds the key to understanding Justice Scalia's past, present, and future decisions. From the fundamental premises of human nature to federalism, James B. Staab uses comparisons between the two men to find the underlying judicial philosophy that connects Justice Scalia's manifold decisions.

The Language of Law and the Foundations of American Constitutionalism

Author: Gary L. McDowell
Publisher: Cambridge University Press
ISBN: 9781139488112
Release Date: 2010-06-28
Genre: Political Science

For much of its history, the interpretation of the United States Constitution presupposed judges seeking the meaning of the text and the original intentions behind that text, a process that was deemed by Chief Justice John Marshall to be 'the most sacred rule of interpretation'. Since the end of the nineteenth century, a radically new understanding has developed in which the moral intuition of the judges is allowed to supplant the Constitution's original meaning as the foundation of interpretation. The Founders' Constitution of fixed and permanent meaning has been replaced by the idea of a 'living' or evolving constitution. Gary L. McDowell refutes this new understanding, recovering the theoretical grounds of the original Constitution as understood by those who framed and ratified it. It was, he argues, the intention of the Founders that the judiciary must be bound by the original meaning of the Constitution when interpreting it.

The Supreme Court

Author: Jeffrey Rosen
Publisher: Macmillan
ISBN: 1429904615
Release Date: 2007-01-09
Genre: History

A leading Supreme Court expert recounts the personal and philosophical rivalries that forged our nation's highest court and continue to shape our daily lives The Supreme Court is the most mysterious branch of government, and yet the Court is at root a human institution, made up of very bright people with very strong egos, for whom political and judicial conflicts often become personal. In this compelling work of character-driven history, Jeffrey Rosen recounts the history of the Court through the personal and philosophical rivalries on the bench that transformed the law—and by extension, our lives. The story begins with the great Chief Justice John Marshall and President Thomas Jefferson, cousins from the Virginia elite whose differing visions of America set the tone for the Court's first hundred years. The tale continues after the Civil War with Justices John Marshall Harlan and Oliver Wendell Holmes, who clashed over the limits of majority rule. Rosen then examines the Warren Court era through the lens of the liberal icons Hugo Black and William O. Douglas, for whom personality loomed larger than ideology. He concludes with a pairing from our own era, the conservatives William H. Rehnquist and Antonin Scalia, only one of whom was able to build majorities in support of his views. Through these four rivalries, Rosen brings to life the perennial conflict that has animated the Court—between those justices guided by strong ideology and those who forge coalitions and adjust to new realities. He illuminates the relationship between judicial temperament and judicial success or failure. The stakes are nothing less than the future of American jurisprudence.

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.

Freedom and the Rule of Law

Author: Anthony Arthur Peacock
Publisher: Rowman & Littlefield
ISBN: 0739136186
Release Date: 2010
Genre: Law

Freedom and the Rule of Law takes a critical look at the historical beginnings of law in the United States, and how that history has influenced current trends regarding law and freedom. Anthony Peacock has compiled articles that examine the relationship between freedom and the rule of law in America. The rule of law is fundamental to all liberal constitutional regimes whose political orders recognize the equal natural rights of all.

Scalia

Author: Bruce Allen Murphy
Publisher: Simon and Schuster
ISBN: 9780743296502
Release Date: 2015-06-30
Genre: Biography & Autobiography

A deeply researched portrait of the controversial Supreme Court justice includes coverage of his career achievements, his appointment in 1986 and his party-dividing resolve to support agendas from an ethical, rather than political, perspective.

American Original

Author: Joan Biskupic
Publisher: Sarah Crichton Books
ISBN: 1429990015
Release Date: 2009-11-10
Genre: Biography & Autobiography

The first full-scale biography of the Supreme Court's most provocative—and influential—justice If the U.S. Supreme Court teaches us anything, it is that almost everything is open to interpretation. Almost. But what's inarguable is that, while the Court has witnessed a succession of larger-than-life jurists in its two-hundred-year-plus history, it has never seen the likes of Supreme Court Justice Antonin Scalia. Combative yet captivating, infuriating yet charming, the outspoken jurist remains a source of curiosity to observers across the political spectrum and on both sides of the ideological divide. And after nearly a quarter century on the bench, Scalia may be at the apex of his power. Agree with him or not, Scalia is "the justice who has had the most important impact over the years on how we think and talk about the law," as the Harvard law dean Elena Kagan, now U.S. Solicitor General, once put it. Scalia electrifies audiences: to hear him speak is to remember him; to read his writing is to find his phrases permanently affixed in one's mind. But for all his public grandstanding, Scalia has managed to elude biographers—until now. In American Original: The Life and Constitution of Supreme Court Justice Antonin Scalia, the veteran Washington journalist Joan Biskupic presents for the first time a detailed portrait of this complicated figure and provides a comprehensive narrative that will engage Scalia's adherents and critics alike. Drawing on her long tenure covering the Court, and on unprecedented access to the justice, Biskupic delves into the circumstances of his rise and the formation of his rigorous approach to the bench. Beginning with the influence of Scalia's childhood in a first-generation Italian American home, American Original takes us through his formative years, his role in the Nixon-Ford administrations, and his trajectory through the Reagan revolution. Biskupic's careful reporting culminates with the tumult of the contemporary Supreme Court—where it was and where it's going, with Scalia helping to lead the charge. Even as Democrats control the current executive and legislative branches, the judicial branch remains rooted in conservatism. President Obama will likely appoint several new justices to the Court—but it could be years before those appointees change the tenor of the law. With his keen mind, authoritarian bent, and contentious rhetorical style, Scalia is a distinct and persuasive presence, and his tenure is far from over. This new book shows us the man in power: his world, his journey, and the far-reaching consequences of the transformed legal landscape.

Originalism in American Law and Politics

Author: Johnathan O'Neill
Publisher: JHU Press
ISBN: 0801881110
Release Date: 2005-06-07
Genre: History

This book explains how the debate over originalism emerged from the interaction of constitutional theory, U.S. Supreme Court decisions, and American political development. Refuting the contention that originalism is a recent concoction of political conservatives like Robert Bork, Johnathan O'Neill asserts that recent appeals to the origin of the Constitution in Supreme Court decisions and commentary, especially by Justices Antonin Scalia and Clarence Thomas, continue an established pattern in American history. Originalism in American Law and Politics is distinguished by its historical approach to the topic. Drawing on constitutional commentary and treatises, Supreme Court and lower federal court opinions, congressional hearings, and scholarly monographs, O'Neill's work will be valuable to historians, academic lawyers, and political scientists.

The Federal Courts

Author: Peter Charles Hoffer
Publisher: Oxford University Press
ISBN: 9780199387908
Release Date: 2016-02-26
Genre: Courts

There are moments in American history when all eyes are focused on a federal court: when its bench speaks for millions of Americans, and when its decision changes the course of history. More often, the story of the federal judiciary is simply a tale of hard work: of finding order in the chaotic system of state and federal law, local custom, and contentious lawyering. The Federal Courts is a story of all of these courts and the judges and justices who served on them, of the case law they made, and of the acts of Congress and the administrative organs that shaped the courts. But, even more importantly, this is a story of the courts' development and their vital part in America's history. Peter Charles Hoffer, Williamjames Hull Hoffer, and N. E. H. Hull's retelling of that history is framed the three key features that shape the federal courts' narrative: the separation of powers; the federal system, in which both the national and state governments are sovereign; and the widest circle: the democratic-republican framework of American self-government. The federal judiciary is not elective and its principal judges serve during good behavior rather than at the pleasure of Congress, the President, or the electorate. But the independence that lifetime tenure theoretically confers did not and does not isolate the judiciary from political currents, partisan quarrels, and public opinion. Many vital political issues came to the federal courts, and the courts' decisions in turn shaped American politics. The federal courts, while the least democratic branch in theory, have proved in some ways and at various times to be the most democratic: open to ordinary people seeking redress, for example. Litigation in the federal courts reflects the changing aspirations and values of America's many peoples. The Federal Courts is an essential account of the branch that provides what Massachusetts Supreme Judicial Court Judge Oliver Wendell Homes Jr. called "a magic mirror, wherein we see reflected our own lives."