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The Unexpected Scalia
A Conservative Justice's Liberal Opinions

$29.99 (P)

  • Date Published: February 2017
  • availability: Temporarily unavailable - available from June 2017
  • format: Paperback
  • isbn: 9781316635353

$ 29.99 (P)
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About the Authors
  • 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.

    • Provides a comprehensive view of the judicial philosophy of Justice Scalia
    • Will inform the public of the reasons why Justices disagree about cases, especially on philosophical grounds
    • Explains how and why the Supreme Court divides on constitutional and statutory cases
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    Product details

    • Date Published: February 2017
    • format: Paperback
    • isbn: 9781316635353
    • dimensions: 228 x 152 x 22 mm
    • weight: 0.59kg
    • availability: Temporarily unavailable - available from June 2017
  • Table of Contents

    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.

  • Author

    David M. Dorsen, Sedgwick LLP, Washington DC
    David Dorsen is Of Counsel with Sedgwick, LLP. He served as an Assistant US Attorney in New York under Robert M. Morgenthau, and later as Assistant Chief Counsel of the Senate Watergate Committee under Senator Sam Ervin. He has taught at Duke University, North Carolina, Georgetown University Law Center, Washington DC, and George Washington University Law School, Washington DC. His book, Henry Friendly, Greatest Judge of his Era (with Richard A. Posner, 2012), won the Green Bag Award for Exemplary Legal Writing.

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