James staab (38 risultati)

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Paperback. Condizione: New. 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.…

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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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Hardcover. Condizione: Brand New. 453 pages. 9.25x6.25x1.50 inches. In Stock.

Paperback. Condizione: Brand New. illustrated edition. 408 pages. 9.25x6.25x1.00 inches. In Stock.

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.

Paperback. Condizione: New. 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.…