The unexpected Scalia : a conservative justice's liberal opinions / David Dorsen.
2017
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Title
The unexpected Scalia : a conservative justice's liberal opinions / David Dorsen.
Imprint
Cambridge : Cambridge University Press, 2017.
Description
1 online resource (xvi, 377 pages) : digital, PDF file(s)
Formatted Contents Note
Introduction: what is liberal?
Part I. Scalia's Judicial Philosophy
The Confirmation hearings
Scalia's principles of decision making
Part II. Scalia's Conservative Constitutional Opinions
First and Second Amendments
Constitutional criminal procedure
Privacy and individual rights
Government power and regulation
Part III. Scalia's Liberal Constitutional Opinions
First Amendment: freedom of speech and more
Fourth Amendment: search and seizure
Fifth Amendment: criminal applications
Sixth Amendment: right to trial by jury
Sixth Amendment: confrontation clause
Sixth Amendment: right to counsel
Seventh Amendment: right to jury trial
Habeas Corpus
Separation of powers and Federalism
Commerce clause and other provisions
Part IV. Scalia's Conflicted Constitutional Opinions
Political speech
Antiabortion picketing
Free exercise of religion
Punitive damages
Peremptory challenges
Part V. Originalism Reconsidered
Fundamentals reconsidered: textualism and originalism
Fundamentals reconsidered: other doctrines
Conservative opinions reconsidered: individual rights
Conservative opinions reconsidered: other
Liberal opinions reconsidered
Conflicted opinions reconsidered
Part VI. Scalia's Nonconstitutional Opinions
Four Liberal special cases
Liberal criminal statutory opinions
Liberal civil statutory opinions
Conservative statutory opinions
Part VII. Finale
The other originalist justice
Conclusion.
Part I. Scalia's Judicial Philosophy
The Confirmation hearings
Scalia's principles of decision making
Part II. Scalia's Conservative Constitutional Opinions
First and Second Amendments
Constitutional criminal procedure
Privacy and individual rights
Government power and regulation
Part III. Scalia's Liberal Constitutional Opinions
First Amendment: freedom of speech and more
Fourth Amendment: search and seizure
Fifth Amendment: criminal applications
Sixth Amendment: right to trial by jury
Sixth Amendment: confrontation clause
Sixth Amendment: right to counsel
Seventh Amendment: right to jury trial
Habeas Corpus
Separation of powers and Federalism
Commerce clause and other provisions
Part IV. Scalia's Conflicted Constitutional Opinions
Political speech
Antiabortion picketing
Free exercise of religion
Punitive damages
Peremptory challenges
Part V. Originalism Reconsidered
Fundamentals reconsidered: textualism and originalism
Fundamentals reconsidered: other doctrines
Conservative opinions reconsidered: individual rights
Conservative opinions reconsidered: other
Liberal opinions reconsidered
Conflicted opinions reconsidered
Part VI. Scalia's Nonconstitutional Opinions
Four Liberal special cases
Liberal criminal statutory opinions
Liberal civil statutory opinions
Conservative statutory opinions
Part VII. Finale
The other originalist justice
Conclusion.
Summary
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.
Note
Title from publisher's bibliographic system (viewed on 17 Jul 2017).
Location
WWW
Available in Other Form
Print version:
Linked Resources
Alternate Title
Cambridge Core.
Language
English
ISBN
9781316875407 ebook
9781107184107 (hardback)
9781316635353 (paperback)
9781107184107 (hardback)
9781316635353 (paperback)
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