Add to ORKGDrawing on examples from Justice Antonin Scalia\u27s jurisprudence, this Essay uses the perspective of judicial departmentalism to examine the nature and limits of two partially successful originalist law reforms in recent years. It then shifts to an examination of how a faulty conception of judicial supremacy drove a few nonoriginalist changes in the law that Scalia properly dissented from. Despite the mistaken judicial supremacy motivating these decisions, a closer look reveals them to be backhanded tributes to judicial departmentalism because of the way that the Court had to change jurisdictional and remedial doctrines to accomplish its substantive-law alterations. The Essay closes with a discussion of the somewhat surprising potential t...
As the Supreme Court legislates “new rights” into the Constitution from the bench, it decreases the ...
In the debate over proper judicial interpretation of the law, the doctrine of Originalism has been s...
In this Essay, I argue that originalism conflicts with the Supreme Court’s current jurisprudence def...
Drawing on examples from Justice Antonin Scalia\u27s jurisprudence, this Essay uses the perspective ...
This Essay considers the late Justice Antonin Scalia’s contributions to constitutional originalism a...
Far too many reporters and pundits collapse law into politics, assuming that the left–right divide b...
Justice Scalia has described an originalist approach to interpretation as a prerequisite to faithful...
The question whether stare decisis is compatible with originalism has occupied both originalists and...
Review of A Matter of Interpretation: Federal Courts and the Law by Antonin Scalia
In this essay, based on the 2006 William Howard Taft lecture, the author critically evaluates Justic...
This Article introduces the idea of judicial departmentalism and argues for its superiority to judic...
There is likely no methodological question of greater importance to constitutional law than whether ...
When looking at Justice Scalia’s approach to the Fourth Amendment, most would say he was an original...
Justice Antonin Scalia wrote two major opinions considering the nondelegation doctrine. In Whitman v...
Justice Scalia was not perfect—no one is—but he was not a dishonest jurist. As one commentator expla...
As the Supreme Court legislates “new rights” into the Constitution from the bench, it decreases the ...
In the debate over proper judicial interpretation of the law, the doctrine of Originalism has been s...
In this Essay, I argue that originalism conflicts with the Supreme Court’s current jurisprudence def...
Drawing on examples from Justice Antonin Scalia\u27s jurisprudence, this Essay uses the perspective ...
This Essay considers the late Justice Antonin Scalia’s contributions to constitutional originalism a...
Far too many reporters and pundits collapse law into politics, assuming that the left–right divide b...
Justice Scalia has described an originalist approach to interpretation as a prerequisite to faithful...
The question whether stare decisis is compatible with originalism has occupied both originalists and...
Review of A Matter of Interpretation: Federal Courts and the Law by Antonin Scalia
In this essay, based on the 2006 William Howard Taft lecture, the author critically evaluates Justic...
This Article introduces the idea of judicial departmentalism and argues for its superiority to judic...
There is likely no methodological question of greater importance to constitutional law than whether ...
When looking at Justice Scalia’s approach to the Fourth Amendment, most would say he was an original...
Justice Antonin Scalia wrote two major opinions considering the nondelegation doctrine. In Whitman v...
Justice Scalia was not perfect—no one is—but he was not a dishonest jurist. As one commentator expla...
As the Supreme Court legislates “new rights” into the Constitution from the bench, it decreases the ...
In the debate over proper judicial interpretation of the law, the doctrine of Originalism has been s...
In this Essay, I argue that originalism conflicts with the Supreme Court’s current jurisprudence def...