James b staab (29 risultati)

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Hardcover. Condizione: new. Hardcover. Adherents of originalism often present it as a theory that constrains legal decision-making in a clear and objective manner that is based on the text and original meaning of the Constitution, in contrast to the supposedly subjective and activist jurisprudence of those who promote a living Constitution. But originalists have not had the same views on constitutional issues, calling into question the theory of originalism. Limits of Constraint examines the originalist jurisprudence of Hugo Black, Antonin Scalia, and Clarence Thomas, showing that three of the Courts originalists have arrived at different conclusions in many constitutional areas. While the starkest contrast is between Justice Black and Justices Scalia and Thomas, even the latter two justices have disagreed on several key issues, including executive power and the administrative state. James Staab shows that originalism in actual practice does not deliver on its promise of an objective jurisprudence free of personal philosophy and discretion.Rather than rehash theoretical debates about the merits of originalism, Limits of Constraint examines originalism in operation by focusing on the judicial opinions of three prominent Supreme Court originalists: Hugo Black, Antonin Scalia, and Clarence Thomas. If the analysis of this book is correctthat is, the results reached by Justices Black, Scalia, and Thomas are divergent across a wide array of constitutional areasthen originalism promises more than it can deliver. One of the fundamental claims made by originalists is that their theory of constitutional interpretation limits judicial discretion, but originalism does not constrain judicial behavior as much as its defenders claim. Rather than rehash theoretical debates about the merits of originalism, Limits of Constraint examines originalism in operation by focusing on the judicial opinions of three prominent Supreme Court originalists: Hugo Black, Antonin Scalia, and Clarence Thomas. Shipping may be from multiple locations in the US or from the UK, depending on stock availability.…

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Paperback. Condizione: New. The Political Thought of Antonin Scalia: A Hamiltonian on the Supreme Court traces Justice Antonin Scalia's jurisprudence back to the political and constitutional thought of Alexander Hamilton. Not only is there substantial agreement between these two men in the areas of constitutional interpretation, federalism, separation of powers, executive and judicial power, but the two men also have similar temperaments: bold, decisive, and principled. By examining the congruence in thought between Hamilton and Scalia, it is hoped that a better and deeper understanding of Justice Scalia's jurisprudence will be achieved. While an abundance of scholarship has been written on Justice Scalia, no one has systematically examined his political philosophy. This book also draws out the important differences between Justice Scalia's jurisprudence and that of the other conservative members of the Court-the late Chief Justice William Rehnquist and Justices Sandra Day O'Connor, Anthony Kennedy, and Clarence Thomas.…

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Condizione: New. Explores the similarities in political and constitutional thought between Justice Antonin Scalia and Alexander Hamilton, and views that Hamilton holds the key to understanding Justice Scalia's decisions. This title uses comparisons between the two men to find the underlying judicial philosophy that connects Justice Scalia's manifold decisions. Num Pages: 408 pages, ports. BIC Classification: 1KBB; JPA; LA; LNAA. Category: (P) Professional & Vocational; (UP) Postgraduate, Research & Scholarly; (UU) Undergraduate. Dimension: 228 x 152 x 21. Weight in Grams: 522. . 2006. Paperback. . . . .…

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Condizione: New. Explores the similarities in political and constitutional thought between Justice Antonin Scalia and Alexander Hamilton, and views that Hamilton holds the key to understanding Justice Scalia's decisions. This title uses comparisons between the two men to find the underlying judicial philosophy that connects Justice Scalia's manifold decisions. Num Pages: 408 pages, ports. BIC Classification: 1KBB; JPA; LA; LNAA. Category: (P) Professional & Vocational; (UP) Postgraduate, Research & Scholarly; (UU) Undergraduate. Dimension: 228 x 152 x 21. Weight in Grams: 522. . 2006. Paperback. . . . . Books ship from the US and Ireland.…

Gebunden. Condizione: New. Rather than rehash theoretical debates about the merits of originalism, Limits of Constraint examines originalism in operation by focusing on the judicial opinions of three prominent Supreme Court originalists: Hugo Black, Antonin Scalia, and Clarence Thomas.

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Paperback. Condizione: New. The Political Thought of Antonin Scalia: A Hamiltonian on the Supreme Court traces Justice Antonin Scalia's jurisprudence back to the political and constitutional thought of Alexander Hamilton. Not only is there substantial agreement between these two men in the areas of constitutional interpretation, federalism, separation of powers, executive and judicial power, but the two men also have similar temperaments: bold, decisive, and principled. By examining the congruence in thought between Hamilton and Scalia, it is hoped that a better and deeper understanding of Justice Scalia's jurisprudence will be achieved. While an abundance of scholarship has been written on Justice Scalia, no one has systematically examined his political philosophy. This book also draws out the important differences between Justice Scalia's jurisprudence and that of the other conservative members of the Court-the late Chief Justice William Rehnquist and Justices Sandra Day O'Connor, Anthony Kennedy, and Clarence Thomas.…

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Paperback. Condizione: new. Paperback. The Political Thought of Antonin Scalia: A Hamiltonian on the Supreme Court traces Justice Antonin Scalia's jurisprudence back to the political and constitutional thought of Alexander Hamilton. Not only is there substantial agreement between these two men in the areas of constitutional interpretation, federalism, separation of powers, executive and judicial power, but the two men also have similar temperaments: bold, decisive, and principled. By examining the congruence in thought between Hamilton and Scalia, it is hoped that a better and deeper understanding of Justice Scalia's jurisprudence will be achieved. While an abundance of scholarship has been written on Justice Scalia, no one has systematically examined his political philosophy. This book also draws out the important differences between Justice Scalia's jurisprudence and that of the other conservative members of the Courtthe late Chief Justice William Rehnquist and Justices Sandra Day O'Connor, Anthony Kennedy, and Clarence Thomas. Explores the similarities in political and constitutional thought between Justice Antonin Scalia and Alexander Hamilton, and views that Hamilton holds the key to understanding Justice Scalia's decisions. This title uses comparisons between the two men to find the underlying judicial philosophy that connects Justice Scalia's manifold decisions. This item is printed on demand. Shipping may be from multiple locations in the US or from the UK, depending on stock availability.…

Paperback. Condizione: new. Paperback. The Political Thought of Antonin Scalia: A Hamiltonian on the Supreme Court traces Justice Antonin Scalia's jurisprudence back to the political and constitutional thought of Alexander Hamilton. Not only is there substantial agreement between these two men in the areas of constitutional interpretation, federalism, separation of powers, executive and judicial power, but the two men also have similar temperaments: bold, decisive, and principled. By examining the congruence in thought between Hamilton and Scalia, it is hoped that a better and deeper understanding of Justice Scalia's jurisprudence will be achieved. While an abundance of scholarship has been written on Justice Scalia, no one has systematically examined his political philosophy. This book also draws out the important differences between Justice Scalia's jurisprudence and that of the other conservative members of the Courtthe late Chief Justice William Rehnquist and Justices Sandra Day O'Connor, Anthony Kennedy, and Clarence Thomas. Explores the similarities in political and constitutional thought between Justice Antonin Scalia and Alexander Hamilton, and views that Hamilton holds the key to understanding Justice Scalia's decisions. This title uses comparisons between the two men to find the underlying judicial philosophy that connects Justice Scalia's manifold decisions. This item is printed on demand. Shipping may be from our UK warehouse or from our Australian or US warehouses, depending on stock availability.…

Condizione: New. Dieser Artikel ist ein Print on Demand Artikel und wird nach Ihrer Bestellung fuer Sie gedruckt. Explores the similarities in political and constitutional thought between Justice Antonin Scalia and Alexander Hamilton, and views that Hamilton holds the key to understanding Justice Scalia s decisions. This title uses comparisons between the two men to fi.…

Taschenbuch. Condizione: Neu. nach der Bestellung gedruckt Neuware - Printed after ordering - The Political Thought of Justice Antonin Scalia explores the similarities in political and constitutional thought between Justice Antonin Scalia and Alexander Hamilton and concludes that Hamilton holds the key to understanding Justice Scalia's past, present, and future decisions. From the fundamental premises of human nature to federalism, James B. Staab uses comparisons between the two men to find the underlying judicial philosophy that connects Justice Scalia's manifold decisions.…