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 Unexpected Scalia

Author: David M. Dorsen
Publisher: Cambridge University Press
ISBN: 131663535X
Release Date: 2017-02-16
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 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.

Henry Friendly Greatest Judge of His Era

Author: David M. Dorsen
Publisher: Harvard University Press
ISBN: 9780674064935
Release Date: 2012-04-10
Genre: Biography & Autobiography

Henry Friendly is frequently grouped with Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, and Learned Hand as the best American jurists of the twentieth century. In this first, comprehensive biography of Friendly, Dorsen opens a unique window onto how a judge of this caliber thinks and decides cases, and how Friendly lived his life.

Scalia Speaks

Author: Antonin Scalia
Publisher: Crown Forum
ISBN: 9780525573326
Release Date: 2017
Genre: Biography & Autobiography

This definitive collection of beloved Supreme Court Justice Antonin Scalia's finest speeches covers topics as varied as the law, faith, virtue, pastimes, and his heroes and friends. Featuring a foreword by longtime friend Justice Ruth Bader Ginsburg and an intimate introduction by his youngest son, this volume includes dozens of speeches, some deeply personal, that have never before been published. Christopher J. Scalia and the Justice's former law clerk Edward Whelan selected the speeches. Americans have long been inspired by Justice Scalia's ideas, delighted by his wit, and instructed by his intelligence. He was a sought-after speaker at commencements, convocations, and events across the country. Scalia Speaks will give readers the opportunity to encounter the legendary man more fully, helping them better understand the jurisprudence that made him one of the most important justices in the Court's history and introducing them to his broader insights on faith and life. Original Photograph: Kainaz Amaria/NPR Cover Design: Darren Haggar

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.

Law Professors

Author: Stephen Presser
Publisher: West Academic
ISBN: 9781683281535
Release Date: 2016-12-02
Genre: Law

There is no nation in which the teachers of law play a more prominent role than in the United States. In this unique volume Stephen Presser, a law professor for four decades, explains how his colleagues have both furthered and frustrated the American ideals that ours is a government of laws not men, and that our legal system ought to promote justice for all. In a dazzling review of three centuries of teaching about American law, from Blackstone to Barack Obama, Presser shows how these extraordinary men and women shaped not only our law, but also our politics and culture.

Sisters in Law

Author: Linda Hirshman
Publisher: HarperCollins
ISBN: 9780062238481
Release Date: 2015-09-01
Genre: History

NEW YORK TIMES BESTSELLER WASHINGTON POST BESTSELLER The author of the celebrated Victory tells the fascinating story of the intertwined lives of Sandra Day O’Connor and Ruth Bader Ginsburg, the first and second women to serve as Supreme Court justices. The relationship between Sandra Day O’Connor and Ruth Bader Ginsburg—Republican and Democrat, Christian and Jew, western rancher’s daughter and Brooklyn girl—transcends party, religion, region, and culture. Strengthened by each other’s presence, these groundbreaking judges, the first and second to serve on the highest court in the land, have transformed the Constitution and America itself, making it a more equal place for all women. Linda Hirshman’s dual biography includes revealing stories of how these trailblazers fought for their own recognition in a male-dominated profession—battles that would ultimately benefit every American woman. She also makes clear how these two justices have shaped the legal framework of modern feminism, including employment discrimination, abortion, affirmative action, sexual harassment, and many other issues crucial to women’s lives. Sisters-in-Law combines legal detail with warm personal anecdotes that bring these very different women into focus as never before. Meticulously researched and compellingly told, it is an authoritative account of our changing law and culture, and a moving story of a remarkable friendship.

Supreme Conflict

Author: Jan Crawford Greenburg
Publisher: Penguin
ISBN: 9781101202050
Release Date: 2007-01-23
Genre: Political Science

The New York Times bestselling account of the most consequential shift in the use of American judicial power in almost one hundred years Drawing on unprecedented access to the Supreme Court justices themselves and their inner circles, acclaimed ABC News legal correspondent Jan Crawford Greenburg offers an explosive newsbreaking account of one of the most momentous political watersheds in American history. From the series of Republican nominations that proved deeply frustrating to conservatives to the decades of bruising battles that led to the rise of Justices Roberts and Alito, this is the authoritative story of the conservative effort to shift the direction of the high court—a revelatory look at one of the central fronts of America's culture wars by one of the most widely respected experts on the subject. "A fresh and detailed account of how the court works and, relatedly, how presidents decide who gets there. . . . A tour de force." -The Wall Street Journal "A fascinating look at dynamics within the court, showing how personalities and ideology can affect alliances and debates." -Michiko Kakutani, The New York Times

Assessing Constitutional Performance

Author: Tom Ginsburg
Publisher: Cambridge University Press
ISBN: 9781316712573
Release Date: 2016-08-31
Genre: Law

From London to Libya, from Istanbul to Iceland, there is great interest among comparative constitutional scholars and practitioners about when a proposed constitution is likely to succeed. But what does it mean for a constitution to succeed? Are there universal criteria of success, and which apply across the board? Or, is the choice of criteria entirely idiosyncratic? This edited volume takes on the idea of constitutional success and shows the manifold ways in which it can be understood. It collects essays from philosophers, political scientists, empiricists and legal scholars, that approach the definition of constitutional success from many different angles. It also brings together case studies from Africa, Europe, Latin America, the Middle East and Asia. By exploring a varied array of constitutional histories, this book shows how complex ideas of constitutional success play out differently in different contexts and provides examples of how success can be differently defined under different circumstances.

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.

The Glorification of Plunder

Author: Malcolm James
Publisher: Spiramus Press Ltd
ISBN: 9781910151440
Release Date: 2017-09-04
Genre: History

This book is about two things: tax and power. The processes through which tax law is formulated, involve more than the formal legislative and judicial processes which result in statute and case law. Tax law is an expression of tax policy, which is subjective and a heterogeneous product of states, cultures and politics. Regarding taxation as a branch of either black letter law or orthodox economics ignore, or even deny, this subjectivity. This book explores the complex dynamics of the debates which inform tax policy, the interaction between tax and power and how power relations between various groups in society and between individuals and the state are manifested through tax system. This helps to explain why the rules, procedures and practices are all formulated to suit their interests of the most powerful groups in society. Taxation is a powerful lens through which to analyse relationships between individuals and the state, since history has shown that there is a longstanding power relationship between rulers and subjects, which is articulated through tax regimes. Tax can therefore be seen as a technology which mediates such tensions and relationships and the way that choices are made and conflicts are resolved can give valuable insights into societal power relationships.

Mismatch

Author: Richard Sander
Publisher: Basic Books
ISBN: 9780465030019
Release Date: 2012-10-09
Genre: Law

Affirmative action in higher education started in the late 1960s as a noble effort to jump-start racial integration in American society and create the conditions for genuine equal opportunity. Forty years later, it has evolved into a swampland of posturing, concealment, pork-barrel set-asides, and--worst of all--a preferences system so blind to its own shortcomings that it ends up hurting the very minorities educators set out to help. Over the past several years, economist, law professor and civil rights activist Richard Sander has led a national consortium of more than two dozen nonpartisan scholars to study the operation and effects of preferences in higher education. In Mismatch, he and journalist Stuart Taylor present a rich and data-driven picture of the way affirmative action works (and doesn't work) in this setting. Though their liberal leanings would indicate support for race-based policies, Sander and Taylor argue that the research shows that affirmative action does not in fact help minorities. Racial preferences in higher education put a great many students in educational settings where they have no hope of competing--a phenomenon that they call "mismatch." American law schools provide a particularly vivid illustration of how "mismatch" harms the educations and careers of many minority students. Compelling evidence shows that racial preferences double the rate at which black students fail bar exams and may well in the end reduce, rather than increase, the aggregate number of black lawyers. Moreover, because preferences are targeted at upper-middle class minorities, they help shut low-income students of all races out of much of higher education. If you're black and poor--or white and poor, for that matter--your chances of stepping into the halls of some of the nation's most elite institutions are no greater than they were in the 1960s. Unfortunately, the academic establishment is only committed to symbolic change, and it will undermine any research that contests its reflexive political correctness and challenges its sacred cows. Sander and Taylor argue that university leaders and much of America's elite have become so deeply committed to an ideology of racial preferences, and so distrustful of broader American public opinion on these issues, that they have widely embraced regimes that ignore the law, hide data, and put out systematic misinformation on their own racial policies. Sander and Taylor conclude by looking at data on how to level the racial playing field in higher education. Existing studies, they argue, suggest that early childhood interventions are much more likely to produce success down the line.

The Europe Dilemma

Author: Roger Liddle
Publisher: I.B.Tauris
ISBN: 9781780762234
Release Date: 2014-02-28
Genre: Political Science

What is Britain's future in Europe? This book revisits an old argument but for dramatically new times. The old argument is about Britain's 'semi-detachedness' from Europe and whether that posture could ever change. The new times are the crisis in the Eurozone and its wider impact on the European Union's future. While logic may point to deeper integration, the politics associated with the EU's problems make this a significant and possibly insurmountable challenge. Where should Britain stand? What future should Britain want for the EU? And how important is continued membership of the EU for Britain's future? This book offers new answers to these questions from the perspective of an author who has combined experience both at the heart of the British Government, as Tony Blair's European adviser and with years of understanding Europe from the inside - working at a senior level in the European Commission. This book will be essential reading for anyone interested in the future of British and European politics.