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Full-Text Articles in Law
Digital Realty, Legislative History, And Textualism After Scalia, Michael Francus
Digital Realty, Legislative History, And Textualism After Scalia, Michael Francus
Pepperdine Law Review
There is a shift afoot in textualism. The New Textualism of Justice Scalia is evolving in response to a new wave of criticism. That criticism presses on the tension between Justice Scalia’s commitment to faithful agency (effecting the legislature’s will) and his rejection of legislative history in the name of ordinary meaning (which ignores legislative will). And it has caused some textualists to shift away from faithful agency, even to the point of abandoning it as textualism’s grounding principle. But this shift has gone unnoticed. It has yet to be identified or described, let alone defended, even as academic and …
The Faces Of The Second Amendment Outside The Home, Take Three: Critiquing The Circuit Courts Use Of History-In-Law, Patrick J. Charles
The Faces Of The Second Amendment Outside The Home, Take Three: Critiquing The Circuit Courts Use Of History-In-Law, Patrick J. Charles
Cleveland State Law Review
This article seeks to critique the circuit courts’ varying history-in-law approaches, as well as to provide advice on the proper role that history-in-law plays when examining the scope of the Second Amendment outside the home. This article sets forth to accomplish this task in three parts. Part I argues why history-in-law is appropriate when adjudicating Second Amendment decisions outside the home. Part II examines the benefits and burdens of utilizing history-in-law as a method of constitutional interpretation, while breaking down the alternative approaches employed by circuit courts when adjudicating Second Amendment decisions outside the home. Lastly, Part III offers practical …
Keynote Address: Judging The Political And Political Judging: Justice Scalia As Case Study, Richard L. Hasen
Keynote Address: Judging The Political And Political Judging: Justice Scalia As Case Study, Richard L. Hasen
Chicago-Kent Law Review
This is a revised version of a Keynote Address delivered at “The Supreme Court and American Politics,” a symposium held October 17, 2017 at the Chicago-Kent College of Law. In this Address, Professor Hasen considers through the lens of Justice Scalia’s opinions the role that views of the political process play, at least rhetorically, in how Supreme Court Justices decide cases. It focuses on Justice Scalia’s contradictory views on self-dealing and incumbency protection across a range of cases, comparing campaign finance on the one hand to partisan gerrymandering, voter identification laws, political patronage, and ballot access rules on the other. …
Disrespectful Dissent: Justice Scalia's Regrettable Legacy Of Incivility, J. Lyn Entrikin
Disrespectful Dissent: Justice Scalia's Regrettable Legacy Of Incivility, J. Lyn Entrikin
The Journal of Appellate Practice and Process
No abstract provided.
Justice Scalia’S Bottom-Up Approach To Shaping The Law, Meghan J. Ryan
Justice Scalia’S Bottom-Up Approach To Shaping The Law, Meghan J. Ryan
William & Mary Bill of Rights Journal
Justice Antonin Scalia is among the most famous Supreme Court Justices in history. He is known for his originalism and conservative positions, as well as his witty and acerbic legal opinions. One of the reasons Justice Scalia’s opinions are so memorable is his effective use of rhetorical devices, which convey colorful images and understandable ideas. One might expect that such powerful opinions would be effective in shaping the law, but Justice Scalia’s judicial philosophy was often too conservative to persuade a majority of his fellow Justices on the Supreme Court. Further, his regular criticisms of his Supreme Court colleagues were …
A Constitutional Defense Of Legislative History, Paul E. Mcgreal
A Constitutional Defense Of Legislative History, Paul E. Mcgreal
William & Mary Bill of Rights Journal
No abstract provided.
Justice Scalia's Rhetoric Of Dissent: A Greco-Roman Analysis Of Scalia's Advocacy In The Vmi Case, Michael Frost
Justice Scalia's Rhetoric Of Dissent: A Greco-Roman Analysis Of Scalia's Advocacy In The Vmi Case, Michael Frost
Kentucky Law Journal
No abstract provided.
Legislative History And Statutory Interpretation: The Supreme Court And The Tenth Circuit, Fritz Snyder
Legislative History And Statutory Interpretation: The Supreme Court And The Tenth Circuit, Fritz Snyder
Oklahoma Law Review
No abstract provided.
Justice Antonin Scalia And Criminal Justice Cases, Christopher E. Smith
Justice Antonin Scalia And Criminal Justice Cases, Christopher E. Smith
Kentucky Law Journal
No abstract provided.
A Social-Conservative Comment On The New Supreme Court, Gary L. Bauer
A Social-Conservative Comment On The New Supreme Court, Gary L. Bauer
University of Richmond Law Review
I recall seeing a column, not long ago, which referred to the Supreme Court as increasingly "a right-wing playground." Liberal groups may be able to raise funds off this impression, but if conservatives rely on it, they are in for a rude awakening when the gavel falls.