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Full-Text Articles in Law
Everything You Wanted To Know About Justice Scalia But Were Afraid To Ask, Or Don't Look Now But Justice Scalia's Originalism Approach Is Fatally Flawed, Arthur R. Landever
Everything You Wanted To Know About Justice Scalia But Were Afraid To Ask, Or Don't Look Now But Justice Scalia's Originalism Approach Is Fatally Flawed, Arthur R. Landever
Law Faculty Presentations and Testimony
I do not deny Justice Scalia's valiant efforts to vote based upon his originalist principles. But both a justice and an observer are well advised to understand the implications of the culture surrounding the Supreme Court. Originalism, in assuming present culture plays little part, and in seeking to operate in a closed universe, distorts the reality of judicial decision-making, and to that extent, risks unsound constitutional interpretations.
A Sign Of Contradiction, David F. Forte
A Sign Of Contradiction, David F. Forte
Law Faculty Articles and Essays
Hadley Arkes offers a brilliant manifesto for natural law. In it, he suggests that judges do not pay enough attention to reason, that their realm of reason is too circumscribed—and he levels the criticism at both modern liberal and conservative judges. He urges them to reach out specifically to the principles of the natural law. Yet the judges resist the invitation. They seem always to have resisted the invitation. Why is that so? Why are natural law reasons resisted?, Arkes asks. Why do judges not seek a proper grounding of their judgment in natural law?
Some Words On Arthur Landever's Retirement From His Colleague, Steve Lazarus, Stephen R. Lazarus
Some Words On Arthur Landever's Retirement From His Colleague, Steve Lazarus, Stephen R. Lazarus
Law Faculty Articles and Essays
Professor Lazarus recalls the years of service Professor Landever contributed to the Cleveland-Marhshall College of Law, and his contributions as an educator, legal scholar, and colleague.