The unexpected Scalia : a conservative justice's liberal opinions / David Dorsen.

Format:

Book

Author/Creator:

Dorsen, David M., 1935- author.

Language:

English

Subjects (All):

Scalia, Antonin, 1936-2016.

Scalia, Antonin.

United States. Supreme Court--Biography.

United States.

United States. Supreme Court.

Judges--United States--Biography.

Judges.

Genre:

Biographies.

Physical Description:

1 online resource (xvi, 377 pages) : digital, PDF file(s)

Place of Publication:

Cambridge : Cambridge University Press, 2017.

System Details:

text file

PDF

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.

Contents:

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.

Notes:

Title from publisher's bibliographic system (viewed on 17 Jul 2017).

Other Format:

Print version:

ISBN:

9781316875407

Access Restriction:

Restricted for use by site license.