The Conservative Revolution of Antonin Scalia
Lexington Books (Verlag)
978-1-4985-6450-2 (ISBN)
Many hoped or feared that Antonin Scalia’s appointment to the Supreme Court in 1986 would guarantee a conservative counter-revolution that would reverse the liberal jurisprudence of the Supreme Court under Chief Justice Earl Warren and which was continued to some extent under the Burger Court though the influence of Justice William Brennan. In addition, President Reagan described Scalia’s nomination as part of a project to remake the role of the Court, promote an interpretive approach of originalism, and shift authority and discretion to the States. Yet by the time of his death in 2016 it was unclear to what extent Scalia had effected the legal, institutional, or political revolutions that had been anticipated. While the Court did move to the right doctrinally, and reversed or modified many Vinson-Warren-Burger precedents, Scalia’s influence on constitutional jurisprudence turned out to be far less than it could have been, and his ability to persuade other Justices to adopt his legal views—both substantively and methodologically—was less than many mainstream media accounts recognize. Scalia’s institutional and political legacies are similarly complex: he was neither as transformative a figure as some of his allies might have hoped nor so unimportant as some of his detractors might have wished. The fact that his death and the controversy surrounding his replacement is so intense speaks to the fragile legacy that Scalia really has had on the Supreme Court after 30 years. This book will assess Scalia’s legacy in an edited volume that assembles leading legal and political science scholars who will evaluate his impact across a range of jurisprudential, institutional, and political issues.
David A. Schultz is professor of political science at Hamline University. Howard Schweber is professor of political science at the University of Wisconsin, Madison.
Introduction: Assessing Antonin Scalia’s Place in Supreme Court History
David Schultz and Howard Schweber
Chapter 1: Scalia, Sissies, and Administrative Law
David Schultz
Chapter 2: Justice Scalia’s Modest Employment Discrimination Law Legacy
Henry L. Chambers, Jr.
Chapter 3: Playing Defense in the “Culture Wars”: Justice Scalia on Race, Gender, and Sexual Orientation
Mary Welek Atwell
Chapter 4: Justice Scalia and Criminal Justice: A Mixed Record with Conservative Impact
Christopher E. Smith and Charles F. Jacobs
Chapter 5: Threat and Suspicion: Scalia’s Legacy for A Transnational Judicial Dialogue
Maureen Stobb
Chapter 6: The Anti-Madison: Antonin Scalia’s Theory of Politics
Howard Schweber
Chapter 7: Justice Scalia and the Legal Conservative Movement: An Exploration of Nino’s Neoconservatism
Jesse Merriam
Chapter 8: Justice Scalia and the Originalist Fallacy
Stephen M. Feldman
Chapter 9: The Jurisprudence of Justice Scalia: Common-Law Judging Behind an Originalist Façade
Ronald Kahn and Gerard Michael D’Emilio
Chapter 10: Justice Scalia and Oral Arguments at the Supreme Court
Tim Johnson, Ryan Black, and Ryan Owens
Chapter 11: Justice Scalia’s Concurring Opinion Writing
Ryan J. Owens and Christopher J. Krewson
Chapter 12: Justice Scalia’s Confirmation Hearing Legacy
Alexander Denison and Justin Wedeking
Chapter 13: Was Antonin Scalia a “Great” Supreme Court Justice?
James Staab
About the Editors and Contributors
| Erscheinungsdatum | 10.05.2021 |
|---|---|
| Co-Autor | Howard Schweber, David A Schultz, Henry L. Chambers Jr. |
| Verlagsort | Lanham, MD |
| Sprache | englisch |
| Maße | 153 x 231 mm |
| Gewicht | 535 g |
| Themenwelt | Geschichte ► Allgemeine Geschichte ► Zeitgeschichte |
| Geisteswissenschaften ► Geschichte ► Regional- / Ländergeschichte | |
| Recht / Steuern ► EU / Internationales Recht | |
| Recht / Steuern ► Öffentliches Recht | |
| Sozialwissenschaften ► Politik / Verwaltung ► Staat / Verwaltung | |
| ISBN-10 | 1-4985-6450-X / 149856450X |
| ISBN-13 | 978-1-4985-6450-2 / 9781498564502 |
| Zustand | Neuware |
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