Search results for: dissenting-opinions-of-justice-antonin-scalia

Scalia Dissents

Author : Antonin Scalia
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Presents speeches, rulings, and opinions that reveal the wit and intelligence of the controversial justice both on and off the bench.

Dissenting Opinions of Justice Antonin Scalia

Author : Antonin Scalia
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Introduction : why dissent? / Caleb Stegall -- Constitutional structure -- The judicial power -- Statutory interpretation -- The power of the police -- Speech -- Religion -- Social regulation

Scalia s Court

Author : Antonin Scalia
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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 Opinions of Justice Antonin Scalia

Author : Antonin Scalia
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Judicial opinions written by justices of the United States Supreme Court are readily available, yet few Americans will ever examine the full substance of a Court opinion. Students, particularly undergraduate students with no real expertise (or interest) in the law, can find reading opinions an overwhelming and laborious process. The opinions of Justice Scalia are a different matter. Scalia is often sarcastic, smug, and self-assured. He does not hesitate to take his colleagues to task when he feels they are wrong and does not mind stooping to ridicule and personal attack when it serves his point. In short, whether a reader agrees or disagrees with the points that Scalia seeks to make through these opinions, they are not boring. The layperson as well as the student of government, political science, and law will find the words of Justice Scalia well worth reading. Teachers will find these opinions useful for stimulating class discussions at every level.

Justice Scalia

Author : Brian G. Slocum
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Justice Antonin Scalia (1936–2016) was the single most important figure in the emergence of the “new originalist” interpretation of the US Constitution, which sought to anchor the court’s interpretation of the Constitution to the ordinary meaning of the words at the time of drafting. For Scalia, the meaning of constitutional provisions and statutes was rigidly fixed by their original meanings with little concern for extratextual considerations. While some lauded his uncompromising principles, others argued that such a rigid view of the Constitution both denies and attempts to limit the discretion of judges in ways that damage and distort our system of law. In this edited collection, leading scholars from law, political science, philosophy, rhetoric, and linguistics look at the ways Scalia framed and stated his arguments. Focusing on rhetorical strategies rather than the logic or validity of Scalia’s legal arguments, the contributors collectively reveal that Scalia enacted his rigidly conservative vision of the law through his rhetorical framing.

The Essential Scalia

Author : Antonin Scalia
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Supreme Court Justice Antonin Scalia in his own words: the definitive collection of his opinions, speeches, and articles on the most essential and vexing legal questions, with an intimate foreword by Justice Elena Kagan “[Scalia’s writings] are as readable today as they were when they first appeared. . . . Especially illuminating to anyone who wants to unlock the mystery of why Ginsburg admired Scalia—or who wants to get a sense of where the Supreme Court may be headed.”—The Wall Street Journal A justice on the United States Supreme Court for three decades, Antonin Scalia transformed the way that judges, lawyers, and citizens think about the law. The Essential Scalia presents Justice Scalia on his own terms, allowing readers to understand the reasoning and insights that made him one of the most consequential jurists in American history. Known for his forceful intellect and remarkable wit, Scalia mastered the art of writing in a way that both educated and entertained. This comprehensive collection draws from the best of Scalia’s opinions, essays, speeches, and testimony to paint a complete and nuanced portrait of his jurisprudence. This compendium addresses the hot-button issues of the times, from abortion and the right to bear arms to marriage, free speech, religious liberty, and so much more. It also presents the justice’s wise insights on perennial debates over the structure of government created by our Constitution and the proper methods for interpreting our laws. Brilliant and passionately argued, The Essential Scalia is an indispensable resource for anyone who wants to understand our Constitution, the American legal system, and one of our nation’s most influential and highly regarded jurists and thinkers.

Justice Antonin Scalia and the Supreme Court s Conservative Moment

Author : Christopher E. Smith
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Smith (political science, U. of Akron) presents a scholarly treatment of the decision making in the US Supreme Court during the conservative era, pivoting on Antonin Scalia, who was appointed by Ronald Reagan in 1986. Considers the court before his arrival, his background and personality, his judici

Justice Antonin Scalia and the Conservative Revival

Author : Richard A. Brisbin
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The most comprehensive study of Justice Scalia's politics and jurisprudence yet published, Justice Antonin Scalia and the Conservative Revival joins a vital discussion on contemporary American conservatism and the use of the law to restrain or undermine the New Deal state.

The Political Thought of Justice Antonin Scalia

Author : James Brian Staab
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The Political Thought of Justice Antonin Scalia explores the similarities in political and constitutional thought between Justice Antonin Scalia and Alexander Hamilton and concludes that Hamilton holds the key to understanding Justice Scalia's past, present, and future decisions. From the fundamental premises of human nature to federalism, James B. Staab uses comparisons between the two men to find the underlying judicial philosophy that connects Justice Scalia's manifold decisions.

Antonin Scalia

Author : Giuseppe Portonera
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Per quasi trent’anni giudice della Corte suprema statunitense, Antonin Scalia (1936-2016) è stato tra i giuristi più noti e influenti al mondo. La sua fama è legata all’elaborazione e alla difesa di un particolare metodo di interpretazione giuridica conosciuto come «originalismo» o «testualismo», in forza del quale le leggi – compresa la Costituzione – devono essere interpretate secondo il significato che alle loro parole avrebbe attribuito un cittadino medio al tempo della promulgazione. Questa impostazione tecnica è retta da una precisa opzione politico-culturale: il giudice deve applicare la legge per come è, e non per come vorrebbe che fosse, perché spetta al popolo la responsabilità di determinare il corso del rinnovamento sociale. Il libro mira a soddisfare due scopi. Il primo è descrivere la judicial philosophy di Scalia, ossia i metodi interpretativi e le dottrine costituzionali che egli ha coltivato per tutta la vita, dal momento che è necessario conoscere nella loro interezza le sue idee sul ruolo del giudice nella società, prima di formarsi un’opinione compiuta sulla loro correttezza. Il secondo è verificare quali peculiari aspetti del pensiero di Scalia possano essere di utile impiego all’interno del contesto italiano, affinché la conoscenza dell’autore non resti fine a se stessa, ma possa invece costituire il lievito di una specifica proposta giuridica e culturale.