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A Matter Of Interpretation by Antonin Scalia

Title A Matter of Interpretation
Author Antonin Scalia
Publisher Princeton University Press
Release Date 2018-01-30
Category Law
Total Pages 200
ISBN 9781400882953
Language English, Spanish, and French
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Book Summary:

We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim—“distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal—good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the “strict constructionism” that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly “smuggle” in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals. This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia’s ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics. Featuring a new foreword that discusses Scalia’s impact, jurisprudence, and legacy, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time.

Title A Matter of Interpretation Federal Courts and the Law
Author Antonin Scalia
Publisher Princeton University Press
Release Date 1998-07-27
Category Law
Total Pages 176
ISBN 1400822173
Language English, Spanish, and French
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Book Summary:

We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim--"distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal--good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the "strict constructionism" that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly "smuggle" in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals. This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia's ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics.

A Matter Of Interpretation by Elizabeth Mac Donald

Title A Matter of Interpretation
Author Elizabeth Mac Donald
Publisher Unknown
Release Date 2021-06
Category Church and state
Total Pages 400
ISBN 1912054728
Language English, Spanish, and French
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Book Summary:

It's thirteenth-century Europe and a young monk, Michael Scot, has been asked by the Holy Roman Emperor to translate the works of Aristotle and recover his 'lost' knowledge. The Scot sets to his task, travelling from the Emperor's Italian court to the translation schools of Toledo and from there to the Moorish library of C rdoba. But when the Pope deems the translations heretical, the Scot refuses to desist. So begins a battle for power between Church and State - one that has shaped how we view the world today.

Active Liberty by Stephen Breyer

Title Active Liberty
Author Stephen Breyer
Publisher Vintage
Release Date 2007-12-18
Category Political Science
Total Pages 176
ISBN 0307424618
Language English, Spanish, and French
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Book Summary:

A brilliant new approach to the Constitution and courts of the United States by Supreme Court Justice Stephen Breyer.For Justice Breyer, the Constitution’s primary role is to preserve and encourage what he calls “active liberty”: citizen participation in shaping government and its laws. As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts.

Title A Matter of Interpretation
Author H. Ratcliffe
Publisher Unknown
Release Date 2019
Category
Total Pages 86
ISBN OCLC:1182812905
Language English, Spanish, and French
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Book Summary:

This article considers the Supreme Court decision in the Routier case, which focused on whether EU provisions prevail over UK case law in the context of inheritance tax. The case concerned a residuary estate including UK assets, left on trust for charitable purposes in Jersey.

Reading Law by Antonin Scalia

Title Reading Law
Author Antonin Scalia
Publisher West Group
Release Date 2012
Category Law
Total Pages 567
ISBN 031427555X
Language English, Spanish, and French
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Book Summary:

In this groundbreaking book, Scalia and Garner systematically explain all the most important principles of constitutional, statutory, and contractual interpretation in an engaging and informative style with hundreds of illustrations from actual cases. Is a burrito a sandwich? Is a corporation entitled to personal privacy? If you trade a gun for drugs, are you using a gun in a drug transaction? The authors grapple with these and dozens of equally curious questions while explaining the most principled, lucid, and reliable techniques for deriving meaning from authoritative texts. Meanwhile, the book takes up some of the most controversial issues in modern jurisprudence. What, exactly, is "textualism?" Why is "strict construction" a bad thing? What is the true doctrine of "originalism?" And which is more important: the spirit of the law, or the letter? The authors write with a well-argued point of view that is definitive yet nuanced, straightforward yet sophisticated.

Scalia Dissents by Antonin Scalia

Title Scalia Dissents
Author Antonin Scalia
Publisher Regnery Publishing
Release Date 2012-04-01
Category Law
Total Pages 338
ISBN 9781596987005
Language English, Spanish, and French
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Book Summary:

Brilliant. Colorful. Visionary. Tenacious. Witty. Since his appointment to the Supreme Court in 1986, Associate Justice Antonin Scalia has been described as all of these things and for good reason. He is perhaps the best-known justice on the Supreme Court today and certainly the most controversial. Yet most Americans have probably not read even one of his several hundred Supreme Court opinions. In Scalia Dissents, Kevin Ring, former counsel to the U.S. Senate's Constitution Subcommittee, lets Justice Scalia speak for himself. This volume—the first of its kind— showcases the quotable justice's take on many of today's most contentious constitutional debates. Scalia Dissents contains over a dozen of the justice's most compelling and controversial opinions. Ring also provides helpful background on the opinions and a primer on Justice Scalia's judicial philosophy. Scalia Dissents is the perfect book for readers who love scintillating prose and penetrating insight on the most important constitutional issues of our time.

Constitutional Dialogues by Louis Fisher

Title Constitutional Dialogues
Author Louis Fisher
Publisher Princeton University Press
Release Date 2014-07-14
Category Law
Total Pages 318
ISBN 9781400859573
Language English, Spanish, and French
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Book Summary:

Who makes constitutional law? Is constitutional doctrine the monopoly of the courts? In accessible and persuasive prose Louis Fisher explains that constitutional law is not solely or even primarily the Supreme Court's "final word" but rather a richly political convergence of separate interpretations. With a broad range of examples, he argues that constitutional principles emerge from a dialogue among all three branches of government--executive, legislative, and judicial. Important contributions also come from the states and the general public. Fisher identifies executive and legislative initiatives in many areas of constitutional significance. Where there is litigation, the Court generally upholds these initiatives or may avoid making a constitutional decision by using "threshold devices." On those rare occasions when the Supreme Court exercises judicial review and strikes down a presidential or congressional action, it is usually only a matter of time before the proposal is revived and the dialogue begins again. Originally published in 1988. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Once Upon An Algorithm by Martin Erwig

Title Once Upon an Algorithm
Author Martin Erwig
Publisher MIT Press
Release Date 2017-08-18
Category Mathematics
Total Pages 336
ISBN 9780262341707
Language English, Spanish, and French
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Book Summary:

How Hansel and Gretel, Sherlock Holmes, the movie Groundhog Day, Harry Potter, and other familiar stories illustrate the concepts of computing. Picture a computer scientist, staring at a screen and clicking away frantically on a keyboard, hacking into a system, or perhaps developing an app. Now delete that picture. In Once Upon an Algorithm, Martin Erwig explains computation as something that takes place beyond electronic computers, and computer science as the study of systematic problem solving. Erwig points out that many daily activities involve problem solving. Getting up in the morning, for example: You get up, take a shower, get dressed, eat breakfast. This simple daily routine solves a recurring problem through a series of well-defined steps. In computer science, such a routine is called an algorithm. Erwig illustrates a series of concepts in computing with examples from daily life and familiar stories. Hansel and Gretel, for example, execute an algorithm to get home from the forest. The movie Groundhog Day illustrates the problem of unsolvability; Sherlock Holmes manipulates data structures when solving a crime; the magic in Harry Potter's world is understood through types and abstraction; and Indiana Jones demonstrates the complexity of searching. Along the way, Erwig also discusses representations and different ways to organize data; “intractable” problems; language, syntax, and ambiguity; control structures, loops, and the halting problem; different forms of recursion; and rules for finding errors in algorithms. This engaging book explains computation accessibly and shows its relevance to daily life. Something to think about next time we execute the algorithm of getting up in the morning.

A Constitution Of Many Minds by Cass R. Sunstein

Title A Constitution of Many Minds
Author Cass R. Sunstein
Publisher Princeton University Press
Release Date 2009-01-19
Category Law
Total Pages 240
ISBN 9781400829927
Language English, Spanish, and French
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Book Summary:

The future of the U.S. Supreme Court hangs in the balance like never before. Will conservatives or liberals succeed in remaking the court in their own image? In A Constitution of Many Minds, acclaimed law scholar Cass Sunstein proposes a bold new way of interpreting the Constitution, one that respects the Constitution's text and history but also refuses to view the document as frozen in time. Exploring hot-button issues ranging from presidential power to same-sex relations to gun rights, Sunstein shows how the meaning of the Constitution is reestablished in every generation as new social commitments and ideas compel us to reassess our fundamental beliefs. He focuses on three approaches to the Constitution--traditionalism, which grounds the document's meaning in long-standing social practices, not necessarily in the views of the founding generation; populism, which insists that judges should respect contemporary public opinion; and cosmopolitanism, which looks at how foreign courts address constitutional questions, and which suggests that the meaning of the Constitution turns on what other nations do. Sunstein demonstrates that in all three contexts a "many minds" argument is at work--put simply, better decisions result when many points of view are considered. He makes sense of the intense debates surrounding these approaches, revealing their strengths and weaknesses, and sketches the contexts in which each provides a legitimate basis for interpreting the Constitution today. This book illuminates the underpinnings of constitutionalism itself, and shows that ours is indeed a Constitution, not of any particular generation, but of many minds.

Title A Matter of Interpretation
Author Simon Grant
Publisher Unknown
Release Date 2009
Category
Total Pages 86
ISBN OCLC:837670205
Language English, Spanish, and French
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Book Summary:

Living Originalism by Jack M. Balkin

Title Living Originalism
Author Jack M. Balkin
Publisher Harvard University Press
Release Date 2011-11-29
Category Law
Total Pages 480
ISBN 9780674063037
Language English, Spanish, and French
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Book Summary:

Originalism and living constitutionalism, often seen as opposing views, are not in conflict. So argues Jack Balkin, a leading constitutional scholar, in this long-awaited book. Step by step, Balkin shows how both liberals and conservatives play important roles in constitutional construction, and offers a way past the angry polemics of our era.

Constitutional Originalism by Robert W. Bennett

Title Constitutional Originalism
Author Robert W. Bennett
Publisher Cornell University Press
Release Date 2011-06-06
Category History
Total Pages 224
ISBN 9780801460630
Language English, Spanish, and French
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Book Summary:

Elucidates the debate between constitutional originalism and the "living constitution" approach.

The Sovereignty Of Law by T.R.S. Allan

Title The Sovereignty of Law
Author T.R.S. Allan
Publisher Oxford University Press
Release Date 2013-07-18
Category Law
Total Pages 361
ISBN 9780199685066
Language English, Spanish, and French
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Book Summary:

The Sovereignty of Law presents Trevor Allan's most recent and fully elaborated defence of common law constitutionalism - an account of the unwritten or non-codified constitution as a complex articulation of legal and moral principles, defining what in the British context are the requirements of the rule of law. The British constitution is conceived as a coherent set of fundamental principles of the rule of law, legislative supremacy, and separation ofpowers. These principles combine to provide an overarching unity of legality, legitimacy, and democracy, reconciling political authority and individual freedom or autonomy. Allan's interpretative approach isapplied to wide range of contemporary issues of public law; his response to critics and commentators seeks to deepen the argument by exploring the theoretical grounds of these current debates and controversies.

Interpreting Constitutions by Jeffrey Goldsworthy

Title Interpreting Constitutions
Author Jeffrey Goldsworthy
Publisher OUP Oxford
Release Date 2006-02-09
Category Law
Total Pages 384
ISBN 9780191582448
Language English, Spanish, and French
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Book Summary:

This book describes the constitutions of six major federations and how they have been interpreted by their highest courts, compares the interpretive methods and underlying principles that have guided the courts, and explores the reasons for major differences between these methods and principles. Among the interpretive methods discussed are textualism, purposivism, structuralism and originalism. Each of the six federations is the subject of a separate chapter written by a leading authority in the field: Jeffrey Goldsworthy (Australia), Peter Hogg (Canada), Donald Kommers (Germany), S.P. Sathe (India), Heinz Klug (South Africa), and Mark Tushnet (United States). Each chapter describes not only the interpretive methodology currently used by the courts, but the evolution of that methodology since the constitution was first enacted. The book also includes a concluding chapter which compares these methodologies, and attempts to explain variations by reference to different social, historical, institutional and political circumstances.

Title Restoring the Lost Constitution
Author Randy E. Barnett
Publisher Princeton University Press
Release Date 2013-11-24
Category Law
Total Pages 448
ISBN 9780691159737
Language English, Spanish, and French
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Book Summary:

The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.

Judging Statutes by Robert A. Katzmann

Title Judging Statutes
Author Robert A. Katzmann
Publisher Oxford University Press
Release Date 2014-08-14
Category Law
Total Pages 256
ISBN 9780199362141
Language English, Spanish, and French
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Book Summary:

In an ideal world, the laws of Congress--known as federal statutes--would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress. When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration.

Judging Under Uncertainty by Adrian Vermeule

Title Judging Under Uncertainty
Author Adrian Vermeule
Publisher Harvard University Press
Release Date 2006
Category Law
Total Pages 333
ISBN 0674022106
Language English, Spanish, and French
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Book Summary:

In this book, Adrian Vermeule shows that any approach to legal interpretation rests on institutional and empirical premises about the capacities of judges and the systemic effects of their rulings. He argues that legal interpretation is above all an exercise in decisionmaking under severe empirical uncertainty.

Originalism by Steven G. Calabresi

Title Originalism
Author Steven G. Calabresi
Publisher Simon and Schuster
Release Date 2007-08-21
Category Political Science
Total Pages 360
ISBN 9781596980600
Language English, Spanish, and French
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Book Summary:

What did the Constitution mean at the time it was adopted? How should we interpret today the words used by the Founding Fathers? In ORIGINALISM: A QUARTER-CENTURY OF DEBATE, these questions are explained and dissected by the very people who continue to shape the legal structure of our country.This is a lively and fascinating discussion of an issue that has occupied the greatest legal minds in America, and one that continues to elicit strong reactions from both those who support and those who oppose the rule of law. Steven G. Calabresi, co-founder of the Federalist Society and professor of law at Northwestern University School of Law, has compiled an impressive collection of speeches, panel discussions, and debates from some of the greatest and most prominent legal experts of the last twenty-five years.

Title Antonin Scalia s Jurisprudence
Author Ralph A. Rossum
Publisher Unknown
Release Date 2006
Category Biography & Autobiography
Total Pages 298
ISBN UOM:39015063244746
Language English, Spanish, and French
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Book Summary:

"This book is the first comprehensive, reasoned, and sympathetic analysis of how Scalia has decided cases during his entire nineteen-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."--Jacket.