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Full-Text Articles in Law
Exemplary Legal Writing 2016: Books Selected By Our Respectable Authorities: Five Recommendations, Femi Cadmus
Exemplary Legal Writing 2016: Books Selected By Our Respectable Authorities: Five Recommendations, Femi Cadmus
Cornell Law Faculty Publications
No abstract provided.
The Counter-Clerks Of Justice Scalia, Ian Samuel
The Counter-Clerks Of Justice Scalia, Ian Samuel
Articles by Maurer Faculty
“So, what are you going to do when you’re done here?”
That’s what he asked me first. I had just sat down in his chambers, on a big, overstuffed leather couch. It was a day in early April, and I’d spent my last few minutes sitting across the street in a park, shuffling through the index cards I’d been using for weeks to prepare. The cards were organized by topic, each with a few bullet points to remind me of what the man across from me thought about every subject on which he’d had an opinion over the last quarter-century. …
Judge Posner’S Simple Law, Mitchell N. Berman
Judge Posner’S Simple Law, Mitchell N. Berman
All Faculty Scholarship
The world is complex, Richard Posner observes in his most recent book, Reflections on Judging. It follows that, to resolve real-world disputes sensibly, judges must be astute students of the world’s complexity. The problem, he says, is that, thanks to disposition, training, and professional incentives, they aren’t. Worse than that, the legal system generates its own complexity precisely to enable judges “to avoid rather than meet and overcome the challenge of complexity” that the world delivers. Reflections concerns how judges needlessly complexify inherently simple law, and how this complexification can be corrected.
Posner’s diagnoses and prescriptions range widely—from the Bluebook …
Tribute To Justice Antonin Scalia, Nadine Strossen
Tribute To Justice Antonin Scalia, Nadine Strossen
Articles & Chapters
No abstract provided.
Scalia's Infidelity: A Critique Of "Faint-Hearted" Originalism, Randy E. Barnett
Scalia's Infidelity: A Critique Of "Faint-Hearted" Originalism, Randy E. Barnett
Georgetown Law Faculty Publications and Other Works
In this essay, based on the 2006 William Howard Taft lecture, the author critically evaluates Justice Antonin Scalia's famous and influential 1988 Taft Lecture, entitled Originalism: The Lesser Evil. In his lecture, Justice Scalia began the now-widely-accepted shift from basing constitutional interpretation on the intent of the framers to relying instead on the original public meaning of the text. At the same time, the essay explains how Justice Scalia allows himself three ways to escape originalist results that he finds to be objectionable: (1) when the text is insufficiently rule-like, (2) when precedent has deviated from original meaning and …
Right To Talk: Has Justice Antonin Scalia Compromised His Objectivity With A Public Remark?, Lloyd B. Snyder
Right To Talk: Has Justice Antonin Scalia Compromised His Objectivity With A Public Remark?, Lloyd B. Snyder
Law Faculty Articles and Essays
With two assisted suicide cases scheduled for argument before the Supreme Court this term, Justice Antonin Scalia already has publicly staked out his position on the issue. While sentiments he expressed in 1990 in Cruzan v. Director, Missouri Department of Health, 497 U.S. 261, are well-known, Scalia told an audience at Catholic University late last year that it is "absolutely plain there is no [constitutional] right to die." Is it proper for sitting judges to make such statements? While no one would deny Scalia his First Amendment right to say what he pleases, that hardly quells concerns about the advisability …
An "Internal" Critique Of Justice Scalia's Theory Of Statutory Interpretation, William D. Popkin
An "Internal" Critique Of Justice Scalia's Theory Of Statutory Interpretation, William D. Popkin
Articles by Maurer Faculty
No abstract provided.
Self-Love And The Judicial Power To Appoint A Special Prosecutor Symposium On Special Prosecutions And The Role Of The Independent Counsel, James A. Cohen
Self-Love And The Judicial Power To Appoint A Special Prosecutor Symposium On Special Prosecutions And The Role Of The Independent Counsel, James A. Cohen
Faculty Scholarship
Judicial appointment of private attorneys as special prosecutors has occurred and is permitted to occur in a variety of contexts other than when the executive branch is faced with a potential or actual conflict of interest. Until recently, the Second Circuit Court of Appeals and, of course, district courts within the Second Circuit, have interpreted Rule 42(b) of the Federal Rules of Criminal Procedure to permit judicial appointment of a private attorney to prosecute conduct allegedly violative of a court order as criminal contempt. Courts have been most active in appointing private attorneys as special prosecutors in cases involving counterfeit …
Constraints Of Power: The Constitutional Opinions Of Judges Scalia, Bork, Posner, Easterbrook, And Winter, James G. Wilson
Constraints Of Power: The Constitutional Opinions Of Judges Scalia, Bork, Posner, Easterbrook, And Winter, James G. Wilson
Law Faculty Articles and Essays
This article completes a two-part series studying the constitutional jurisprudence of Judges Antonin Scalia, Richard Posner, Robert Bork, Frank Easterbrook, and Ralph Winter Jr., five conservative academics appointed by President Reagan to the United States Court of Appeals. Judge Scalia has recently been appointed to the Supreme Court of the United States. In a previous article, published in the last issue of the University of Miami Law Review, I evaluated these five jurists' constitutional scholarship by contrasting their views with those of Edmund Burke, the originator of political conservative theory. That article tested Burke's wariness of political abstractions and his …