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The Judicial Philosophy Of Justice Rehnquist, Robert E. Riggs, Thomas D. Proffitt
The Judicial Philosophy Of Justice Rehnquist, Robert E. Riggs, Thomas D. Proffitt
Akron Law Review
In defining the contours of the Rehnquist judicial philosophy, this article will examine three sources: (1) ideas articulated by Justice Rehnquist in opinions and other writings, (2) values implicit in his pattern of decision-making as distilled from the decided cases, and (3) ideas attributed to him by others. Information from each source will be examined separately for light it sheds on the Rehnquist judicial philosophy, and each is assigned its own label. Thus, this article will refer to the self-articulated philosophy (as reflected in the Justice's writings), the attributed philosophy (as reflected in the writings of others), and the operative …
Legislative Process And Intent In Justice Scalia's Interpretive Method, David Schultz
Legislative Process And Intent In Justice Scalia's Interpretive Method, David Schultz
Akron Law Review
This article explores Justice Scalia's views on the legislative process and his interpretive methodology which questions using legislative intent when interpreting statutes. Unlike other recent scholarship which focuses on Scalia's interpretive method, this article is somewhat more expansive. It will examine his views towards the legislative process and decision-making, including his approach and methodology used in interpreting legislative pronouncements. To do this, the article will first provide an assessment of recent legal scholarship describing Scalia's interpretive jurisprudence. The goal here is to establish a description of the legal community's perspective regarding Scalia's views towards interpreting statutes. The second section will …