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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 Nov 2007

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.


The Founders And Slavery, Arthur R. Landever Nov 2006

The Founders And Slavery, Arthur R. Landever

Law Faculty Presentations and Testimony

The point of my talk is that our founders, who our tradition praises profusely of course, as men on Mount Olympus, had moral blinders on. I'm going to talk about key founders. Then I'm going to talk about the key English case, decided in 1772, Somerset v. Stuart. Then I'm going to talk about the Compromises of the 1770s and 1780s. Then I'm going to talk about what we can and can't learn from history. Then I'm going to consider what our generation is doing in the 21st century, considering what might shock our ...


Commenting On The Views Of Roger Pilon, Arthur R. Landever Oct 2006

Commenting On The Views Of Roger Pilon, Arthur R. Landever

Law Faculty Presentations and Testimony

Professor Landever comments upon the views of Roger Pilon of the Cato Institute on interpretation of the U.S. Constitution.


Civil Liberties And The Grave Danger Of Terrorism: Speech Before The Cuyahoga County Bar Ass'n Bd Of Trustee, Arthur R. Landever Feb 2002

Civil Liberties And The Grave Danger Of Terrorism: Speech Before The Cuyahoga County Bar Ass'n Bd Of Trustee, Arthur R. Landever

Law Faculty Presentations and Testimony

Supporters and Opponents endorse Lincoln's caution that the "dogmas of the quiet past are inadequate to the stormy present. We must think anew." All sides also agree that "eternal vigilance is the price of liberty." But what do such words mean in the world following 9/11? Supporters and Opponents of the National Government's anti-terrorism policies have starkly different perceptions. This is so as to a) the crisis we face, b) the need for particular policies, and c) the impact on civil liberties and upon our Constitutional system. Clearly, lawyers have a special duty to understand those differing ...


A Speech On The Bicentennial Of The Drafting Of The U.S. Constitution, Arthur R. Landever Sep 1987

A Speech On The Bicentennial Of The Drafting Of The U.S. Constitution, Arthur R. Landever

Law Faculty Presentations and Testimony

Arthur Landever discusses why we celebrate the Constitution on Constitution Day.