The unexpected Scalia : a conservative justice's liberal opinions

著者

書誌事項

The unexpected Scalia : a conservative justice's liberal opinions

David M. Dorsen

Cambridge University Press, 2017

  • : hardback

大学図書館所蔵 件 / 全4件

この図書・雑誌をさがす

注記

Includes index

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. But both the concept and the execution of originalism, by Scalia and other originalists, have been seriously flawed, leading to decisions that are both historically incorrect and socially and politically undesirable. 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"-- Provided by publisher

内容説明・目次

内容説明

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.

目次

  • Introduction - what is liberal?
  • Part I. Scalia's Judicial Philosophy: 1. The Confirmation hearings
  • 2. Scalia's principles of decision making
  • Part II. Scalia's Conservative Constitutional Opinions: 3. First and Second Amendments
  • 4. Constitutional criminal procedure
  • 5. Privacy and individual rights
  • 6. Government power and regulation
  • Part III. Scalia's Liberal Constitutional Opinions: 7. First Amendment - freedom of speech and more
  • 8. Fourth Amendment - search and seizure
  • 9. Fifth Amendment - criminal applications
  • 10. Sixth Amendment - right to trial by jury
  • 11. Sixth Amendment - confrontation clause
  • 12. Sixth Amendment - right to counsel
  • 13. Seventh Amendment - right to jury trial
  • 14. Habeas Corpus
  • 15. Separation of powers and Federalism
  • 16. Commerce clause and other provisions
  • Part IV. Scalia's Conflicted Constitutional Opinions: 17. Political speech
  • 18. Antiabortion demonstrations
  • 19. Free exercise of religion
  • 20. Punitive damages
  • 21. Peremptory challenges
  • Part V. Originalism Reconsidered: 22. Fundamentals reconsidered - textualism and originalism
  • 23. Fundamentals reconsidered - other doctrines
  • 24. Conservative opinions reconsidered - individual rights
  • 25. Conservative opinions reconsidered - other
  • 26. Liberal opinions reconsidered
  • 27. Conflicted opinions reconsidered
  • Part VI. Scalia's Nonconstitutional Opinions: 28. Four Liberal special cases
  • 29. Liberal criminal statutory opinions
  • 30. Liberal civil statutory opinions
  • 31. Conservative statutory opinions
  • Part VII. Finale: 32. The other originalist justice
  • 33. Conclusion.

「Nielsen BookData」 より

詳細情報

ページトップへ