The Conservative Revolution of Antonin Scalia (inbunden)
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Format
Inbunden (Hardback)
Språk
Engelska
Antal sidor
390
Utgivningsdatum
2018-08-31
Förlag
Lexington Books
Medarbetare
Merriam, Jesse (contributions)/Schweber, Howard (contributions)/Schultz, David A (contributions)/Chambers, Henry L. (contributions)/Welek Atwell, Mary (contributions)/Smith, Christopher E. (contributions)/Jacobs, Charles F. (contributions)/Stobb, Maureen (contributions)/Merriam, Jesse (contributions
Illustrationer
Illustrations, unspecified; Tables; Black & White Illustrations
Dimensioner
231 x 157 x 28 mm
Vikt
658 g
Antal komponenter
1
Komponenter
14:B&W 6 x 9 in or 229 x 152 mm Case Laminate on White w/Gloss Lam
ISBN
9781498564489

The Conservative Revolution of Antonin Scalia

av David A Schultz, Howard Schweber
Inbunden,  Engelska, 2018-08-31
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Many hoped or feared that Antonin Scalias appointment to the Supreme Court in 1986 would guarantee a conservative counter-revolution that would reverse the liberal jurisprudence of the Supreme Court under Chief Justice Earl Warren and which was continued to some extent under the Burger Court though the influence of Justice William Brennan. In addition, President Reagan described Scalias nomination as part of a project to remake the role of the Court, promote an interpretive approach of originalism, and shift authority and discretion to the States. Yet by the time of his death in 2016 it was unclear to what extent Scalia had effected the legal, institutional, or political revolutions that had been anticipated. While the Court did move to the right doctrinally, and reversed or modified many Vinson-Warren-Burger precedents, Scalias influence on constitutional jurisprudence turned out to be far less than it could have been, and his ability to persuade other Justices to adopt his legal viewsboth substantively and methodologicallywas less than many mainstream media accounts recognize. Scalias institutional and political legacies are similarly complex: he was neither as transformative a figure as some of his allies might have hoped nor so unimportant as some of his detractors might have wished. The fact that his death and the controversy surrounding his replacement is so intense speaks to the fragile legacy that Scalia really has had on the Supreme Court after 30 years. This book will assess Scalias legacy in an edited volume that assembles leading legal and political science scholars who will evaluate his impact across a range of jurisprudential, institutional, and political issues.
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David A Schultz, Howard Schweber

Recensioner i media

Love him or hate him, everyone who cares about American law wonders what the legacy of fiery Justice Antonin Scalia will be. This comprehensive volume tackles that question by looking at his addition to the Court, his jurisprudence there, and his role as a public intellectual and political actor. Dissatisfied with just cataloging his opinions, concurrences, and dissents, the authors use a variety of approaches to evaluate Justice Scalia holistically. In addition to providing striking insights about the late Justice and his significance, the volume provides an instructive stroll through the diversity of ways in which political scientists think about law and judging. A must read for any serious Supreme Court scholar as well as for both fans and opponents of Justice Scalia. -- Julie Novkov, University at Albany, SUNY

Övrig information

David A. Schultz is professor of political science at Hamline University. Howard Schweber is professor of political science at the University of Wisconsin, Madison.

Innehållsförteckning

Introduction: Assessing Antonin Scalias Place in Supreme Court History David Schultz and Howard Schweber Chapter 1: Scalia, Sissies, and Administrative Law David Schultz Chapter 2: Justice Scalias Modest Employment Discrimination Law Legacy Henry L. Chambers, Jr. Chapter 3: Playing Defense in the Culture Wars: Justice Scalia on Race, Gender, and Sexual Orientation Mary Welek Atwell Chapter 4: Justice Scalia and Criminal Justice: A Mixed Record with Conservative Impact Christopher E. Smith and Charles F. Jacobs Chapter 5: Threat and Suspicion: Scalias Legacy for A Transnational Judicial Dialogue Maureen Stobb Chapter 6: The Anti-Madison: Antonin Scalias Theory of Politics Howard Schweber Chapter 7: Justice Scalia and the Legal Conservative Movement: An Exploration of Ninos Neoconservatism Jesse Merriam Chapter 8: Justice Scalia and the Originalist Fallacy Stephen M. Feldman Chapter 9: The Jurisprudence of Justice Scalia: Common-Law Judging Behind an Originalist Faade Ronald Kahn and Gerard Michael DEmilio Chapter 10: Justice Scalia and Oral Arguments at the Supreme Court Tim Johnson, Ryan Black, and Ryan Owens Chapter 11: Justice Scalias Concurring Opinion Writing Ryan J. Owens and Christopher J. Krewson Chapter 12: Justice Scalias Confirmation Hearing Legacy Alexander Denison and Justin Wedeking Chapter 13: Was Antonin Scalia a Great Supreme Court Justice? James Staab About the Editors and Contributors

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