Search Results for "the-unexpected-scalia-a-conservative-justice-s-liberal-opinions"

The Unexpected Scalia

The Unexpected Scalia

A Conservative Justice's Liberal Opinions

  • Author: David Dorsen
  • Publisher: Cambridge University Press
  • ISBN: 110718410X
  • Category: Law
  • Page: 250
  • View: 5373
DOWNLOAD NOW »
Antonin Scalia was one of the most important, outspoken, and controversial Justices in the past century. His endorsements of originalism, which requires deciding cases as they would have been decided in 1789, and textualism, which limits judges in what they could consider in interpreting text, caused major changes in the way the Supreme Court decides cases. He was a leader in opposing abortion, the right to die, affirmative action, and mandated equality for gays and lesbians, and was for virtually untrammelled gun rights, political expenditures, and the imposition of the death penalty. However, he usually followed where his doctrine would take him, leading him to write many liberal opinions. A close friend of Scalia, David Dorsen explains the flawed judicial philosophy of one of the most important Supreme Court Justices of the past century.

Henry Friendly, Greatest Judge of His Era

Henry Friendly, Greatest Judge of His Era

  • Author: David M. Dorsen
  • Publisher: Harvard University Press
  • ISBN: 0674064933
  • Category: Biography & Autobiography
  • Page: 512
  • View: 1372
DOWNLOAD NOW »
Henry Friendly is frequently grouped with Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, and Learned Hand as the best American jurists of the twentieth century. In this first, comprehensive biography of Friendly, Dorsen opens a unique window onto how a judge of this caliber thinks and decides cases, and how Friendly lived his life.

Scalia V. Scalia

Scalia V. Scalia

Opportunistic Textualism in Constitutional Interpretation

  • Author: Catherine L. Langford
  • Publisher: University of Alabama Press
  • ISBN: 0817319700
  • Category: Language Arts & Disciplines
  • Page: 176
  • View: 7479
DOWNLOAD NOW »
An analysis of the discrepancy between the ways Supreme Court Justice Antonin Scalia argued the Constitution should be interpreted versus how he actually interpreted the law. Antonin Scalia is considered one of the most controversial justices to have been on the United States Supreme Court. A vocal advocate of textualist interpretation, Justice Scalia argued that the Constitution means only what it says and that interpretations of the document should be confined strictly to the directives supplied therein. This narrow form of constitutional interpretation, which limits constitutional meaning to the written text of the Constitution, is known as textualism. Scalia v. Scalia:Opportunistic Textualism in Constitutional Interpretation examines Scalia’s discussions of textualism in his speeches, extrajudicial writings, and judicial opinions. Throughout his writings, Scalia argues textualism is the only acceptable form of constitutional interpretation. Yet Scalia does not clearly define his textualism, nor does he always rely upon textualism to the exclusion of other interpretive means. Scalia is seen as the standard bearer for textualism. But when textualism fails to support his ideological aims (as in cases that pertain to states’ rights or separation of powers), Scalia reverts to other forms of argumentation. Langford analyzes Scalia’s opinions in a clear area of law, the cruel and unusual punishment clause; a contested area of law, the free exercise and establishment cases; and a silent area of law, abortion. Through her analysis, Langford shows that Scalia uses rhetorical strategies beyond those of a textualist approach, concluding that Scalia is an opportunistic textualist and that textualism is as rhetorical as any other form of judicial interpretation.

Scalia Speaks

Scalia Speaks

Reflections on Law, Faith, and Life Well Lived

  • Author: Antonin Scalia
  • Publisher: N.A
  • ISBN: 0525573321
  • Category: BIOGRAPHY & AUTOBIOGRAPHY
  • Page: 420
  • View: 7661
DOWNLOAD NOW »
"By any measure, Antonin Scalia lived an extraordinary life. A Supreme Court justice for three decades, he transformed the way that judges and lawyers think about the law. Married to his beloved Wife, Maureen, for more than fifty years, a father to nine children, and a grandfather to dozens, he was devoted to his family and his faith. He was gregarious, energetic, and a friend to people of all political stripes. Over his career, Justice Scalia delivered Hundreds of speeches across the country and throughout the world. Scalia Speaks collects for the first time his best speeches, covering topics as varied as the law, faith, virtue, pastimes, and his heroes and friends. Featuring a foreword by longtime friend Justice Ruth Bader Ginsburg and an intimate introduction by his youngest son, this volume includes dozens of speeches, some deeply personal, and nearly all of which have never been published before. Americans have long been inspired by Justice Scalia's ideas, delighted by his wit, and instructed by his intelligence. Scalia Speaks enables readers to encounter the man in full--to understand the legal insights that made him one of the most important justices in the Court's history and to learn from his broader insights into a life well lived. This timeless book is perfect for any reader interested in a man and mind that helped shape our nation."--Jacket.

The Supreme Court's New Workplace

The Supreme Court's New Workplace

  • Author: Joseph A. Seiner
  • Publisher: Cambridge University Press
  • ISBN: 1107137993
  • Category: Law
  • Page: 225
  • View: 4855
DOWNLOAD NOW »
The US Supreme Court has systematically eroded the rights of minority workers through subtle changes in procedural law. This accessible book identifies and describes how the Supreme Court's new procedural requirements create legal obstacles for civil-rights litigants, thereby undermining their substantive rights. Seiner takes the next step of providing a framework that practitioners can use to navigate these murky waters, allowing workers a better chance of prevailing with their claims. Seiner clearly illustrates how to effectively use his framework, applying the proposed model to one emerging sector - the on-demand industry. Many minority workers now face pervasive discrimination in an uncertain legal environment. This book will serve as a roadmap for successful workplace litigation and a valuable resource for civil-rights research. It will also spark a debate among scholars, lawyers, and others in the legal community over the use of procedure to alter substantive worker rights.

Scalia's Court

Scalia's Court

A Legacy of Landmark Opinions and Dissents

  • Author: Antonin Scalia
  • Publisher: Simon and Schuster
  • ISBN: 1621575330
  • Category: Political Science
  • Page: 592
  • View: 1453
DOWNLOAD NOW »
The sudden passing of Justice Antonin Scalia shook America. After almost thirty years on the Supreme Court, Scalia had become as integral to the institution as the hallowed room in which he sat. His wisecracking interruptions during oral arguments, his unmatched legal wisdom, his unwavering dedication to the Constitution, and his blistering dissents defined his leadership role on the court and inspired new generations of policymakers and legal minds. Now, as Republicans and Democrats wage war over Scalia’s lamentably empty Supreme Court seat, Kevin Ring, former counsel to the U.S. Senate’s Constitution Subcommittee, has taken a close look at the cases that best illustrate Scalia’s character, philosophy, and legacy. In Scalia’s Court: A Legacy of Landmark Opinions and Dissents, Ring collects Scalia’s most memorable opinions on free speech, separation of powers, race, religious freedom, the rights of the accused, abortion, and more; and intersperses Scalia's own words with an analysis of his legal reasoning and his lasting impact on American jurisprudence. “I don’t worry about my legacy,” Scalia once told an audience at the National Archives. “Just do your job right, and who cares?” Now that "the lion of American law has left the stage,” as the U.S. Attorney General put it, it is for the rest of America to worry about his legacy—and to care.

The Oath

The Oath

The Obama White House and the Supreme Court

  • Author: Jeffrey Toobin
  • Publisher: Anchor Books
  • ISBN: 0307390713
  • Category: Law
  • Page: 325
  • View: 3183
DOWNLOAD NOW »
Presents an insider's account of the ideological war between the John Roberts Supreme Court and the Obama administration, tracing several landmark cases and the strong views that will be shaping the Court of the near future.

Justice Brennan

Justice Brennan

Liberal Champion

  • Author: Seth Stern,Stephen Wermiel
  • Publisher: Houghton Mifflin Harcourt
  • ISBN: 0547523890
  • Category: Biography & Autobiography
  • Page: 688
  • View: 2731
DOWNLOAD NOW »
A sweeping insider look at the life of William Brennan, champion of free speech and widely considered the most influential Supreme Court justice of the twentieth century Before his death, William Brennan granted Stephen Wermiel access to volumes of personal and court materials that are sealed to the public until 2017. These are what Jeffrey Toobin has called “a coveted set of documents” that includes Brennan’s case histories—in which he recorded strategies behind all the major battles of the past half century, including Roe v. Wade, affirmative action, the death penalty, obscenity law, and the constitutional right to privacy—as well as more personal documents that reveal some of Brennan's curious contradictions, like his refusal to hire female clerks even as he wrote groundbreaking women’s rights decisions; his complex stance as a justice and a Catholic; and details on Brennan’s unprecedented working relationship with Chief Justice Earl Warren. Wermiel distills decades of valuable information into a seamless, riveting portrait of the man behind the Court's most liberal era.

Scalia

Scalia

A Court of One

  • Author: Bruce Allen Murphy
  • Publisher: Simon and Schuster
  • ISBN: 0743296508
  • Category: Biography & Autobiography
  • Page: 672
  • View: 7865
DOWNLOAD NOW »
A deeply researched portrait of the controversial Supreme Court justice includes coverage of his career achievements, his appointment in 1986 and his party-dividing resolve to support agendas from an ethical, rather than political, perspective.

American Original

American Original

The Life and Constitution of Supreme Court Justice Antonin Scalia

  • Author: Joan Biskupic
  • Publisher: Sarah Crichton Books
  • ISBN: 9781429990011
  • Category: Biography & Autobiography
  • Page: 448
  • View: 2363
DOWNLOAD NOW »
The first full-scale biography of the Supreme Court's most provocative—and influential—justice If the U.S. Supreme Court teaches us anything, it is that almost everything is open to interpretation. Almost. But what's inarguable is that, while the Court has witnessed a succession of larger-than-life jurists in its two-hundred-year-plus history, it has never seen the likes of Supreme Court Justice Antonin Scalia. Combative yet captivating, infuriating yet charming, the outspoken jurist remains a source of curiosity to observers across the political spectrum and on both sides of the ideological divide. And after nearly a quarter century on the bench, Scalia may be at the apex of his power. Agree with him or not, Scalia is "the justice who has had the most important impact over the years on how we think and talk about the law," as the Harvard law dean Elena Kagan, now U.S. Solicitor General, once put it. Scalia electrifies audiences: to hear him speak is to remember him; to read his writing is to find his phrases permanently affixed in one's mind. But for all his public grandstanding, Scalia has managed to elude biographers—until now. In American Original: The Life and Constitution of Supreme Court Justice Antonin Scalia, the veteran Washington journalist Joan Biskupic presents for the first time a detailed portrait of this complicated figure and provides a comprehensive narrative that will engage Scalia's adherents and critics alike. Drawing on her long tenure covering the Court, and on unprecedented access to the justice, Biskupic delves into the circumstances of his rise and the formation of his rigorous approach to the bench. Beginning with the influence of Scalia's childhood in a first-generation Italian American home, American Original takes us through his formative years, his role in the Nixon-Ford administrations, and his trajectory through the Reagan revolution. Biskupic's careful reporting culminates with the tumult of the contemporary Supreme Court—where it was and where it's going, with Scalia helping to lead the charge. Even as Democrats control the current executive and legislative branches, the judicial branch remains rooted in conservatism. President Obama will likely appoint several new justices to the Court—but it could be years before those appointees change the tenor of the law. With his keen mind, authoritarian bent, and contentious rhetorical style, Scalia is a distinct and persuasive presence, and his tenure is far from over. This new book shows us the man in power: his world, his journey, and the far-reaching consequences of the transformed legal landscape.

Supreme Conflict

Supreme Conflict

The Inside Story of the Struggle for Control of the United States Supreme Court

  • Author: Jan Crawford Greenburg
  • Publisher: Penguin
  • ISBN: 9781594201011
  • Category: Political Science
  • Page: 340
  • View: 3026
DOWNLOAD NOW »
Discusses recent ideological shifts within the Supreme Court, profiles controversial judges, and analyzes the changing role of judicial power in American government.

The Future of Assisted Suicide and Euthanasia

The Future of Assisted Suicide and Euthanasia

  • Author: Neil M. Gorsuch
  • Publisher: Princeton University Press
  • ISBN: 9780691140971
  • Category: Law
  • Page: 311
  • View: 8731
DOWNLOAD NOW »
After assessing the strengths and weaknesses of arguments for assisted suicide and euthanasia, Gorsuch builds a nuanced, novel, and powerful moral and legal argument against legalization, one based on a principle that, surprisingly, has largely been overlooked in the debate; the idea that human life is intrinsically valuable and that intentional killing is always wrong. At the same time, the argument Gorsuch develops leaves wide latitude for individual patient autonomy and the refusal of unwanted medical treatment and life-sustaining care, permitting intervention only in cases where an intention to kill is present.

Scorpions

Scorpions

The Battles and Triumphs of FDR's Great Supreme Court Justices

  • Author: Noah Feldman
  • Publisher: Twelve
  • ISBN: 0446575143
  • Category: History
  • Page: 528
  • View: 434
DOWNLOAD NOW »
A tiny, ebullient Jew who started as America's leading liberal and ended as its most famous judicial conservative. A Klansman who became an absolutist advocate of free speech and civil rights. A backcountry lawyer who started off trying cases about cows and went on to conduct the most important international trial ever. A self-invented, tall-tale Westerner who narrowly missed the presidency but expanded individual freedom beyond what anyone before had dreamed. Four more different men could hardly be imagined. Yet they had certain things in common. Each was a self-made man who came from humble beginnings on the edge of poverty. Each had driving ambition and a will to succeed. Each was, in his own way, a genius. They began as close allies and friends of FDR, but the quest to shape a new Constitution led them to competition and sometimes outright warfare. SCORPIONS tells the story of these four great justices: their relationship with Roosevelt, with each other, and with the turbulent world of the Great Depression, World War II, and the Cold War. It also serves as a history of the modern Constitution itself.

The Unexpected President

The Unexpected President

The Life and Times of Chester A. Arthur

  • Author: Scott S. Greenberger
  • Publisher: Da Capo Press
  • ISBN: 030682390X
  • Category: Biography & Autobiography
  • Page: 336
  • View: 5082
DOWNLOAD NOW »
Nobody expected the vice president, a New York political hack, to be president. And after President James A. Garfield was shot in 1881, nobody expected Chester A. Arthur to become a strong and effective president, a courageous anti-corruption reformer, and an early civil rights advocate. And yet... Despite his promising start as a young man, by his early fifties Chester A. Arthur was known as the crooked crony of New York machine boss Roscoe Conkling. For years Arthur had been perceived as unfit to govern, not only by critics and the vast majority of his fellow citizens but by his own conscience. As President James A. Garfield struggled for his life, Arthur knew better than his detractors that he failed to meet the high standard a president must uphold. And yet, from the moment President Arthur took office, he proved to be not just honest but brave, going up against the very forces that had controlled him for decades. He surprised everyone--and gained many enemies--when he swept house and took on corruption, civil rights for blacks, and issues of land for Native Americans. A mysterious young woman deserves much of the credit for Arthur's remarkable transformation. Julia Sand, a bedridden New Yorker, wrote Arthur nearly two dozen letters urging him to put country over party, to find "the spark of true nobility" that lay within him. At a time when women were barred from political life, Sand's letters inspired Arthur to transcend his checkered past--and changed the course of American history. This beautifully written biography tells the dramatic, untold story of a virtually forgotten American president. It is the tale of a machine politician and man-about-town in Gilded Age New York who stumbled into the highest office in the land, only to rediscover his better self when his nation needed him.

Reading Law

Reading Law

The Interpretation of Legal Texts

  • Author: Antonin Scalia,Bryan A. Garner
  • Publisher: West Group
  • ISBN: 9780314275554
  • Category: Law
  • Page: 567
  • View: 304
DOWNLOAD NOW »
In this groundbreaking book, Scalia and Garner systematically explain all the most important principles of constitutional, statutory, and contractual interpretation in an engaging and informative style with hundreds of illustrations from actual cases. Is a burrito a sandwich? Is a corporation entitled to personal privacy? If you trade a gun for drugs, are you using a gun in a drug transaction? The authors grapple with these and dozens of equally curious questions while explaining the most principled, lucid, and reliable techniques for deriving meaning from authoritative texts. Meanwhile, the book takes up some of the most controversial issues in modern jurisprudence. What, exactly, is "textualism?" Why is "strict construction" a bad thing? What is the true doctrine of "originalism?" And which is more important: the spirit of the law, or the letter? The authors write with a well-argued point of view that is definitive yet nuanced, straightforward yet sophisticated.

Ideology in the Supreme Court

Ideology in the Supreme Court

  • Author: Lawrence Baum
  • Publisher: Princeton University Press
  • ISBN: 1400885361
  • Category: Political Science
  • Page: 288
  • View: 458
DOWNLOAD NOW »
Ideology in the Supreme Court is the first book to analyze the process by which the ideological stances of U.S. Supreme Court justices translate into the positions they take on the issues that the Court addresses. Eminent Supreme Court scholar Lawrence Baum argues that the links between ideology and issues are not simply a matter of reasoning logically from general premises. Rather, they reflect the development of shared understandings among political elites, including Supreme Court justices. And broad values about matters such as equality are not the only source of these understandings. Another potentially important source is the justices' attitudes about social or political groups, such as the business community and the Republican and Democratic parties. The book probes these sources by analyzing three issues on which the relative positions of liberal and conservative justices changed between 1910 and 2013: freedom of expression, criminal justice, and government "takings" of property. Analyzing the Court's decisions and other developments during that period, Baum finds that the values underlying liberalism and conservatism help to explain these changes, but that justices' attitudes toward social and political groups also played a powerful role. Providing a new perspective on how ideology functions in Supreme Court decision making, Ideology in the Supreme Court has important implications for how we think about the Court and its justices.

Saving Justice

Saving Justice

Watergate, the Saturday Night Massacre, and Other Adventures of a Solicitor General

  • Author: Robert H. Bork
  • Publisher: Encounter Books
  • ISBN: 1594035180
  • Category: Biography & Autobiography
  • Page: 200
  • View: 3438
DOWNLOAD NOW »
In June 1973, Judge Robert Bork was plucked from a quiet life of academia at Yale University and planted in the tumultuous soil of constitutional crisis by a Nixon administration barreling toward collapse. From the ousting of Vice President Spiro Agnew to the discharge of the Watergate special prosecutor, an event known as the Saturday Night Massacre, Saving Justice offers a firsthand, insider account of the whirlwind of events that engulfed the administration during the last half of 1973 and the first few months of 1974. This important volume provides a revelatory look into the inner workings of the Justice Department during some of the most consequential months of the Nixon administration.

Supreme Injustice: How the High Court Hijacked Election 2000

Supreme Injustice: How the High Court Hijacked Election 2000

  • Author: Alan M. Dershowitz
  • Publisher: Oxford University Press, USA
  • ISBN: 9780199743667
  • Category: Political Science
  • Page: 288
  • View: 4263
DOWNLOAD NOW »
Millions of Americans were baffled and outraged by the U.S. Supreme Court's role in deciding the presidential election of 2000 with its controversial ruling in Bush v. Gore. The Court had held a unique place in our system of checks and balances, seen as the embodiment of fairness and principle precisely because it was perceived to be above the political fray. How could it now issue a decision that reeked of partisan politics, and send to the White House a candidate who may have actually lost the election? In Supreme Injustice, best-selling author and legal expert Alan M. Dershowitz addresses these questions head-on, at last demystifying Bush v. Gore for those who are still angered by the court's decision but unclear about its meaning. Dershowitz--himself a former Supreme Court clerk--argues that in this case for the first time, the court's majority let its desire for a particular partisan outcome have priority over legal principles. As in his other bestselling books, Dershowitz clarifies complex legal issues, explaining concepts such as "equal protection" and "irreparable harm." Digging deeply into their earlier writings and rulings, Dershowitz proves beyond a reasonable doubt that the justices who gave George W. Bush the presidency contradicted their previous positions to do so. The most egregious ruling since the Dred Scott Decision, Bush v. Gore has shattered the image of the Supreme Court as a fair and impartial arbiter of important national issues. The resulting loss of the American people's respect, Dershowitz concludes, has severely compromised the Court's role in national affairs. And yet Dershowitz sees some benefit emerging from this constitutional crisis--if we understand its lessons and take action to prevent it from happening again.

The Justice of Contradictions

The Justice of Contradictions

Antonin Scalia and the Politics of Disruption

  • Author: Richard L. Hasen
  • Publisher: Yale University Press
  • ISBN: 0300228643
  • Category: Biography & Autobiography
  • Page: 248
  • View: 5382
DOWNLOAD NOW »
An eye-opening look at the influential Supreme Court justice who disrupted American jurisprudence in order to delegitimize opponents and establish a conservative legal order Engaging but caustic and openly ideological, Antonin Scalia was among the most influential justices ever to serve on the United States Supreme Court. In this fascinating new book, legal scholar Richard L. Hasen assesses Scalia's complex legacy as a conservative legal thinker and disruptive public intellectual. The left saw Scalia as an unscrupulous foe who amplified his judicial role with scathing dissents and outrageous public comments. The right viewed him as a rare principled justice committed to neutral tools of constitutional and statutory interpretation. Hasen provides a more nuanced perspective, demonstrating how Scalia was crucial to reshaping jurisprudence on issues from abortion to gun rights to separation of powers. A jumble of contradictions, Scalia promised neutral tools to legitimize the Supreme Court, but his jurisprudence and confrontational style moved the Court to the right, alienated potential allies, and helped to delegitimize the institution he was trying to save.

Active Liberty

Active Liberty

Interpreting Our Democratic Constitution

  • Author: Stephen Breyer
  • Publisher: Vintage
  • ISBN: 9780307424617
  • Category: Political Science
  • Page: 176
  • View: 4329
DOWNLOAD NOW »
A brilliant new approach to the Constitution and courts of the United States by Supreme Court Justice Stephen Breyer.For Justice Breyer, the Constitution’s primary role is to preserve and encourage what he calls “active liberty”: citizen participation in shaping government and its laws. As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts. From the Trade Paperback edition.