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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.


My Retirement Speech, May 8, 2007, Arthur R. Landever May 2007

My Retirement Speech, May 8, 2007, Arthur R. Landever

Law Faculty Presentations and Testimony

No abstract provided.


Testimony Before The U.S. House Of Representatives, Elections Subcommittee Of The House Administration Committee, Concerning The Importance Of Independent Post-Election Auditing And Reviewing Impediments To Election Auditing And Greater Transparency., Candice Hoke Mar 2007

Testimony Before The U.S. House Of Representatives, Elections Subcommittee Of The House Administration Committee, Concerning The Importance Of Independent Post-Election Auditing And Reviewing Impediments To Election Auditing And Greater Transparency., Candice Hoke

Law Faculty Presentations and Testimony

Mandatory election audits are a critical step for restoring public confidence in the electoral system and for learning what problems exist (in equipment, systems, and personnel) so that they might be effectively corrected. Unfortunately, the promise of auditing will be severely undermined if the federal auditing entity lacks independence from the election administrative authority. Secretaries of State can play a number of crucial additional roles that will facilitate efficient and effective election audits, but because of the appearance of conflicts of interest should not be supervising and conducting federal audits. The federal audit effort will be greatly enhanced if the ...