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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


The Sylvania Free Rider Justification for Downstream-Power Vertical Restraints: Truth or Invitation for Pretext?

Warren S. Grimes

in How the Chicago School Overshot the Mark: The Effect of Conservative Economic Analysis on U.S. Antitrust

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195372823
eISBN:
9780199871773
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372823.003.0013
Subject:
Economics and Finance, Behavioural Economics

This paper argues that free riding is a pretext. It offers a detailed analysis of fact and law in Business Electronics v. Sharp Electronics, a Supreme Court decision in which Justice Scalia ignored ... 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


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


The common law system in America

F. A. R. Bennion

in Understanding Common Law Legislation: Drafting and Interpretation

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199564101
eISBN:
9780191705465
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199564101.003.0018
Subject:
Law, Constitutional and Administrative Law

The common law world has one system of statutory interpretation, though some in the United States think constitutional enactments should be construed differently. A written constitution is incomplete ... More


Locke and Loyalty in Contemporary Political Theology: Three Ways of Making the Turn

John Perry

in The Pretenses of Loyalty: Locke, Liberal Theory, and American Political Theology

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199756544
eISBN:
9780199897407
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199756544.003.0008
Subject:
Religion, Religion and Society

This chapter examines three current proposals for making the turn to loyalty, that is, three strategies for reestablishing a vision of toleration that has become detached from its theological ... More


The Constitutive and Evidential Aspects of Ordinary Meaning

Brian G. Slocum

in Ordinary Meaning: A Theory of the Most Fundamental Principle of Legal Interpretation

Published in print:
2015
Published Online:
May 2016
ISBN:
9780226304854
eISBN:
9780226304991
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226304991.003.0003
Subject:
Law, Philosophy of Law

Chapter Three develops a theory of ordinary meaning and focuses on the tension between the inherent requirement of ordinary meaning that it be generalizable across contexts and the reality that ... More


Textualism and the Discovery of Rights 1

John Perry

in Philosophical Foundations of Language in the Law

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199572380
eISBN:
9780191728914
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199572380.003.0006
Subject:
Law, Philosophy of Law

This chapter argues that we need to distinguish meaning-textualism from conception-textualism. The former is the view that in interpreting the constitution and other statutes, the starting point is ... More


The (Un)Written Constitution

George Thomas

Published in print:
2021
Published Online:
September 2021
ISBN:
9780197555972
eISBN:
9780197556009
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197555972.001.0001
Subject:
Political Science, American Politics

The late Justice Scalia relished pointing to departures from text as departures from the Constitution, but in fact his jurisprudence relied on unwritten ideas. As textualism has become more prominent ... 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


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


Antonin Scalia and American Constitutionalism: The Historical Significance of a Judicial Icon

Edward A. Purcell, Jr.

Published in print:
2020
Published Online:
June 2020
ISBN:
9780197508763
eISBN:
9780197508794
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197508763.001.0001
Subject:
Law, Constitutional and Administrative Law, Legal History

Antonin Scalia and American Constitutionalism is a critical study of Justice Antonin Scalia’s jurisprudence, his work on the U.S. Supreme Court, and his significance for an understanding of American ... 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


Information-Rich Jurisprudence

Brian E. Butler

in The Democratic Constitution: Experimentalism and Interpretation

Published in print:
2017
Published Online:
January 2018
ISBN:
9780226474502
eISBN:
9780226474649
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226474649.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter outlines three possible ways to characterize the manner in which constitutional jurisprudence deals with information. First, there are strategies that try to exclude as much information ... More


Epstein, Holmes, and Regulatory Takings Jurisprudence

Brian E. Butler

in The Democratic Constitution: Experimentalism and Interpretation

Published in print:
2017
Published Online:
January 2018
ISBN:
9780226474502
eISBN:
9780226474649
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226474649.003.0005
Subject:
Law, Constitutional and Administrative Law

Chapter 4 investigates the issue of “regulatory takings” through an investigation of Oliver Wendell Holmes’ foundational case, Pennsylvania Coal Co. v. Mahon, Antonin Scalia’s Lucas v. South Carolina ... 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


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


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


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


Scalia as Procrustes for the Majority, Scalia as Cassandra in Dissent

Mary Anne Case

in Justice Scalia: Rhetoric and the Rule of Law

Published in print:
2019
Published Online:
September 2019
ISBN:
9780226601656
eISBN:
9780226601793
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226601793.003.0002
Subject:
Law, Constitutional and Administrative Law

Using Greek myth to illuminate some of the late Justice Scalia's rhetorical moves, this chapter argues that as an author of majority opinions, Scalia was often Procrustes, leaving no case behind but ... More


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