Jump to ContentJump to Main Navigation

You are looking at 1-15 of 15 items

  • Keywords: Antonin Scalia x
Clear All Modify Search

View:

The Inconsistency of the Majority Justices With Their Previously Expressed Views

Alan M. Dershowitz

in Supreme Injustice: How the High Court Hijacked Election 2000

Published in print:
2003
Published Online:
November 2003
ISBN:
9780195158076
eISBN:
9780199869848
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195158075.003.0005
Subject:
Political Science, American Politics

Aims to demonstrate that, during the (Bush vs Gore) US presidential election of 2000, by any reasonable standard of evaluation, the majority justices of the US Supreme Court failed to test the US ... More


Scalia, the Environment, and the Modern Standing Doctrine

Evan Tsen Lee

in Judicial Restraint in America: How the Ageless Wisdom of the Federal Courts was Invented

Published in print:
2011
Published Online:
January 2011
ISBN:
9780195340341
eISBN:
9780199867240
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195340341.003.0008
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on Antonin Scalia. In 1983, as a young judge on the D.C. Circuit, Scalia published a law review article called “The Doctrine of Standing as an Essential Element of the Separation ... More


The Formalist Crusade of Antonin Scalia

in Desperately Seeking Certainty: The Misguided Quest for Constitutional Foundations

Published in print:
2002
Published Online:
March 2013
ISBN:
9780226238081
eISBN:
9780226238104
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226238104.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter describes Antonin Scalia's orginalism, which is distinctive in several respects and is more concerned with restricting judicial lawmaking than with the value of popular sovereignty. It ... More


Implementation

Jeffrey Brand-Ballard

in Limits of Legality: The Ethics of Lawless Judging

Published in print:
2010
Published Online:
September 2010
ISBN:
9780195342291
eISBN:
9780199867011
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195342291.003.0016
Subject:
Philosophy, Political Philosophy

This chapter addresses two basic questions about implementing selective optimization: (1) to what extent should judges disclose or conceal the fact that they selectively optimize, and (2) are judges ... More


Affirmative Action Baby

Corey Robin

in The Reactionary Mind: Conservatism from Edmund Burke to Sarah Palin

Published in print:
2011
Published Online:
February 2015
ISBN:
9780199793747
eISBN:
9780190252557
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199793747.003.0006
Subject:
Political Science, Political Theory

This chapter analyzes Justice Antonin Scalia and his originalist jurisprudence. It suggests that Scalia's mission is to make everything come out wrong. A Scalia opinion, according to New Yorker ... More


Reading with Guns: District of Columbia v. Heller

John Frow

in On Interpretive Conflict

Published in print:
2019
Published Online:
January 2020
ISBN:
9780226613956
eISBN:
9780226614144
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226614144.003.0002
Subject:
Literature, Criticism/Theory

This chapter explores a 2008 US Supreme Court case that brings into play two starkly contrasted readings of the Second Amendment to the US Constitution: a textualist or “originalist” reading written ... More


Aspect-Blindness in Religion, Philosophy, and Law: The Force of Wittgensteinian Reading

Christopher C Robinson

in Wittgenstein and Political Theory: The View from Somewhere

Published in print:
2009
Published Online:
March 2012
ISBN:
9780748639144
eISBN:
9780748652839
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748639144.003.0006
Subject:
Political Science, Political Theory

Aspect-blindness is a condition that Wittgenstein posits in order to create a contrast to the experience of changes in aspect. This chapter examines the relationship between language-games and ... More


Literal Meaning, the Dictionary and the Law

Christopher Hutton

in Language, Meaning and the Law

Published in print:
2009
Published Online:
September 2012
ISBN:
9780748633500
eISBN:
9780748671489
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748633500.003.0006
Subject:
Linguistics, Applied Linguistics and Pedagogy

This chapter looks more closely at some issues and trends in legal interpretation and legal decision making, against a background of debates in the United States in particular between originalism, ... More


Making It Up as We Go Along

in Constitutional Conscience: The Moral Dimension of Judicial Decision

Published in print:
2008
Published Online:
March 2013
ISBN:
9780226677255
eISBN:
9780226677309
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226677309.003.0006
Subject:
Law, Constitutional and Administrative Law

In James B. Beam Distilling Co. v. Georgia, the Supreme Court rejected the propriety of employing “selective prospectivity” in civil litigation: when in a civil case the Court announces a new rule of ... More


Can Congress Protect Special Prosecutors from the President?

Andrew Coan

in Prosecuting the President: How Special Prosecutors Hold Presidents Accountable and Protect the Rule of Law

Published in print:
2019
Published Online:
January 2019
ISBN:
9780190943868
eISBN:
9780190948184
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190943868.003.0010
Subject:
Political Science, American Politics

Can Congress constitutionally restrict the president’s power to remove a special prosecutor? In a 1988 case called Morrison v. Olson, a nearly unanimous Supreme Court held that the answer was yes. ... More


The Unrealized Precedent of DAVIS V. BANDEMER

Nicholas R. Seabrook

in Drawing the Lines: Constraints on Partisan Gerrymandering in U.S. Politics

Published in print:
2016
Published Online:
May 2017
ISBN:
9781501705311
eISBN:
9781501707797
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9781501705311.003.0003
Subject:
Political Science, American Politics

This chapter examines the involvement of the Supreme Court of the United States in litigation relating to partisan gerrymandering, paying particular attention to a case that attempted to apply the ... More


Gerald R. Ford

Steven G. Calabresi and Christopher S. Yoo

in The Unitary Executive: Presidential Power from Washington to Bush

Published in print:
2008
Published Online:
October 2013
ISBN:
9780300121261
eISBN:
9780300145380
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300121261.003.0045
Subject:
Law, Constitutional and Administrative Law

This chapter illustrates the difficulty Gerald R. Ford faced in defending the prerogatives of the executive branch, given that Watergate had effectively destroyed public confidence in the presidency. ... More


Mountains and Sea

Jefferson Decker

in The Other Rights Revolution: Conservative Lawyers and the Remaking of American Government

Published in print:
2016
Published Online:
September 2016
ISBN:
9780190467302
eISBN:
9780190600587
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190467302.003.0008
Subject:
History, American History: 20th Century, Political History

The Reagan era proved difficult for conservative public-interest foundations, which lost key legal talent to the administration and struggled to maintain the same level of fundraising without a ... More


Conclusion

Ilya Somin

in The Grasping Hand: 'Kelo v. City of New London' and the Limits of Eminent Domain

Published in print:
2016
Published Online:
September 2017
ISBN:
9780226422169
eISBN:
9780226456829
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226456829.003.0010
Subject:
Law, Constitutional and Administrative Law

The Conclusion summarizes events in New London since the Court’s decision, recapitulates some key lessons of the book, and discusses the future of public use. Nine years after the Kelo decision, the ... More


Conclusion

Ilya Somin

in The Grasping Hand: "Kelo v. City of New London" and the Limits of Eminent Domain

Published in print:
2015
Published Online:
May 2016
ISBN:
9780226256603
eISBN:
9780226256740
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226256740.003.0010
Subject:
Law, Constitutional and Administrative Law

The Conclusion summarizes events in New London since the Court’s decision, recapitulates some key lessons of the book, and discusses the future of public use. Nine years after the Kelo decision, the ... More


View: