Antonin Scalia's Jurisprudence: Text and Tradition / Edition 1

Hardcover (Print)
Buy New
Buy New from BN.com
$35.95
Used and New from Other Sellers
Used and New from Other Sellers
from $17.84
Usually ships in 1-2 business days
(Save 55%)
Other sellers (Hardcover)
  • All (13) from $17.84   
  • New (5) from $39.48   
  • Used (8) from $17.84   

Overview

Lionized by the right and demonized by the left, Supreme Court Justice Antonin Scalia is the high court's quintessential conservative. Witty, outspoken, often abrasive, he is widely regarded as the most controversial member of the Court.

This book is the first comprehensive, reasoned, and sympathetic analysis of how Scalia has decided cases during his entire twenty-year Supreme Court tenure. Ralph Rossum focuses on Scalia's more than 600 Supreme Court opinions and dissents-carefully wrought, passionately argued, and filled with well-turned phrases-which portray him as an eloquent defender of an "original meaning" jurisprudence. He also includes analyses of Scalia's Court of Appeals opinions for the D.C. circuit, his major law review articles as a law professor and judge, and his provocative book, A Matter of Interpretation.

Rossum reveals Scalia's understanding of key issues confronting today's Court, such as the separation of powers, federalism, the free speech and press and religion clauses of the First Amendment, and the due process and equal protection clauses of the Fourteenth Amendment. He suggests that Scalia displays such a keen interest in defending federalism that he sometimes departs from text and tradition, and reveals that he has disagreed with other justices most often in decisions involving the meaning of the First Amendment's establishment clause. He also analyzes Scalia's positions on the commerce clause and habeas corpus clause of Article I, the take care clause of Article II, the criminal procedural provisions of Amendments Four through Eight, protection of state sovereign immunity in the Eleventh Amendment, and Congress's enforcement power under Section 5 of the Fourteenth Amendment.

The first book to fully articulate the contours of Scalia's constitutional philosophy and jurisprudence, Rossum's insightful study ultimately depicts Scalia as a principled, consistent, and intelligent textualist who is fearless and resolute, notwithstanding the controversy he often inspires.

Read More Show Less

Editorial Reviews

Library Journal
Rossum's latest book, accurately described by the publisher as a "sympathetic analysis" of Justice Scalia's jurisprudence, comes with the approach of the 20th anniversary of Scalia's appointment to the Supreme Court. Throughout his more than 600 opinions and dissents, Scalia has often been an outspoken member of the Supreme Court's conservative block. Rossum (American constitutionalism, Claremont McKenna Coll., CA; Federalism, the Supreme Court, and the Seventeenth Amendment: The Irony of Constitutional Democracy) probes the use and significance of textualism, a legal analytical approach that places primary emphasis on the verbiage and history of the document being interpreted, in Scalia's legal philosophy and judicial decisions. He addresses numerous cases relating to the separation of powers, federalism, substantive rights, and procedural rights. Rossum's presentation is slanted but still helpful in its exploration of the use of textualism by a key member of the Supreme Court. Recommended for law, academic, and large public libraries.-Theodore Pollack, New York Cty. Public Access Law Lib. Copyright 2006 Reed Business Information.
Read More Show Less

Product Details

  • ISBN-13: 9780700614479
  • Publisher: University Press of Kansas
  • Publication date: 3/28/2006
  • Edition description: New Edition
  • Edition number: 1
  • Pages: 310
  • Sales rank: 1,287,520
  • Product dimensions: 6.00 (w) x 9.00 (h) x 0.81 (d)

Table of Contents

1 Introduction 1
2 "Text and tradition" : Scalia's understanding of the interpretive enterprise 27
3 Constitutional structure and separation of powers 52
4 Constitutional structure and federalism 90
5 Scalia's textualism applied to substantive rights 127
6 Scalia's textualism applied to procedural rights 166
7 The impact of Scalia's textualism on his colleagues 198
App Cases in which justice Scalia has cited dictionaries 209
Read More Show Less

Customer Reviews

Average Rating 1
( 1 )
Rating Distribution

5 Star

(0)

4 Star

(0)

3 Star

(0)

2 Star

(0)

1 Star

(1)

Your Rating:

Your Name: Create a Pen Name or

Barnes & Noble.com Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & Noble.com that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & Noble.com does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at BN.com or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation

Reminder:

  • - By submitting a review, you grant to Barnes & Noble.com and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Noble.com Terms of Use.
  • - Barnes & Noble.com reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & Noble.com also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on BN.com. It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

 
Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously
Sort by: Showing 1 Customer Reviews
  • Anonymous

    Posted July 2, 2006

    worst book ever

    I am a conservative and I still think this book is worthless. Don't read it, you'll be sorry. The authors flagrant obsequiousness to Scalia is embarassing.

    1 out of 1 people found this review helpful.

    Was this review helpful? Yes  No   Report this review
Sort by: Showing 1 Customer Reviews

If you find inappropriate content, please report it to Barnes & Noble
Why is this product inappropriate?
Comments (optional)