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The Unexpected Scalia: A Conservative Justice's Liberal Opinions

The Unexpected Scalia: A Conservative Justice's Liberal Opinions

Name: The Unexpected Scalia: A Conservative Justice's Liberal Opinions
Brand: Cambridge University Press
SKU: 9781316635353
Availability: InStock
Author: David Dorsen
ISBN: 9781316635353

By David Dorsen

Cambridge University Press February 2017

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ISBN-13: 9781316635353
Publisher: Cambridge University Press
Publication: February 2017
Format: Paperback
Jurisdiction: U.K. ? Countri(es) for reference only

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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.

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.

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