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| reading law scalia: Reading Law Antonin Scalia, Bryan A. Garner, 2012 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. |
| reading law scalia: Scalia Speaks Antonin Scalia, 2017-10-03 This definitive collection of beloved Supreme Court Justice Antonin Scalia's finest speeches covers topics as varied as the law, faith, virtue, pastimes, and his heroes and friends. Featuring a foreword by longtime friend Justice Ruth Bader Ginsburg and an intimate introduction by his youngest son, this volume includes dozens of speeches, some deeply personal, that have never before been published. Christopher J. Scalia and the Justice's former law clerk Edward Whelan selected the speeches. Americans have long been inspired by Justice Scalia’s ideas, delighted by his wit, and instructed by his intelligence. He was a sought-after speaker at commencements, convocations, and events across the country. Scalia Speaks will give readers the opportunity to encounter the legendary man more fully, helping them better understand the jurisprudence that made him one of the most important justices in the Court's history and introducing them to his broader insights on faith and life. |
| reading law scalia: Making Your Case Antonin Scalia, Bryan A. Garner, 2008 In their professional lives, courtroom lawyers must do these two things well: speak persuasively and write persuasively. In this noteworthy book, two noted legal writers systematically present every important idea about judicial persuasion in a fresh, entertaining way. The book covers the essentials of sound legal reasoning, including how to develop the syllogism that underlies any argument. From there the authors explain the art of brief writing, especially what to include and what to omit, so that you can induce the judge to focus closely on your arguments. Finally, they show what it takes to succeed in oral argument. |
| reading law scalia: A Matter of Interpretation Antonin Scalia, 2018-01-30 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. |
| reading law scalia: Nino and Me Bryan A. Garner, 2019-05-21 From legal expert and veteran author Bryan Garner comes a unique, intimate, and compelling memoir of his friendship with the late Supreme Court Justice Antonin Scalia. For almost thirty years, Antonin Scalia was arguably the most influential and controversial Justice on the United States Supreme Court. His dynamic and witty writing devoted to the Constitution has influenced an entire generation of judges. Based on his reputation for using scathing language to criticize liberal court decisions, many people presumed Scalia to be gruff and irascible. But to those who knew him as “Nino,” he was characterized by his warmth, charm, devotion, fierce intelligence, and loyalty. Bryan Garner’s friendship with Justice Scalia was instigated by celebrated writer David Foster Wallace and strengthened over their shared love of language. Despite their differing viewpoints on everything from gun control to the use of contractions, their literary and personal relationship flourished. Justice Scalia even officiated at Garner’s wedding. In this humorous, touching, and surprisingly action-packed memoir, Garner gives a firsthand insight into the mind, habits, and faith of one of the most famous and misunderstood judges in the world. |
| reading law scalia: The Essential Scalia Antonin Scalia, 2020-09-15 Supreme Court Justice Antonin Scalia in his own words: the definitive collection of his opinions, speeches, and articles on the most essential and vexing legal questions, with an intimate foreword by Justice Elena Kagan “[Scalia’s writings] are as readable today as they were when they first appeared. . . . Especially illuminating to anyone who wants to unlock the mystery of why Ginsburg admired Scalia—or who wants to get a sense of where the Supreme Court may be headed.”—The Wall Street Journal A justice on the United States Supreme Court for three decades, Antonin Scalia transformed the way that judges, lawyers, and citizens think about the law. The Essential Scalia presents Justice Scalia on his own terms, allowing readers to understand the reasoning and insights that made him one of the most consequential jurists in American history. Known for his forceful intellect and remarkable wit, Scalia mastered the art of writing in a way that both educated and entertained. This comprehensive collection draws from the best of Scalia’s opinions, essays, speeches, and testimony to paint a complete and nuanced portrait of his jurisprudence. This compendium addresses the hot-button issues of the times, from abortion and the right to bear arms to marriage, free speech, religious liberty, and so much more. It also presents the justice’s wise insights on perennial debates over the structure of government created by our Constitution and the proper methods for interpreting our laws. Brilliant and passionately argued, The Essential Scalia is an indispensable resource for anyone who wants to understand our Constitution, the American legal system, and one of our nation’s most influential and highly regarded jurists and thinkers. |
| reading law scalia: A Matter of Interpretation Elizabeth Mac Donald, 2021-06 It's 13th-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, traveling from the Emperor's Italian court to the translation schools of Toledo and from there to the Moorish library of Córdoba. 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. |
| reading law scalia: Scalia Dissents Antonin Scalia, 2012-04-01 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 Dissentscontains 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. |
| reading law scalia: The Justice of Contradictions Richard L. Hasen, 2018-03-20 An eye-opening look at the influential Supreme Court justice who disrupted American jurisprudence in order to delegitimize opponents and establish a conservative legal order |
| reading law scalia: Judging Statutes Robert A. Katzmann, 2014-08-14 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. |
| reading law scalia: American Original Joan Biskupic, 2009-11-10 The first full-scale biography of the Supreme Court's most provocative—and influential—justice If the U.S. Supreme Court teaches us anything, it is that almost everything is open to interpretation. Almost. But what's inarguable is that, while the Court has witnessed a succession of larger-than-life jurists in its two-hundred-year-plus history, it has never seen the likes of Supreme Court Justice Antonin Scalia. Combative yet captivating, infuriating yet charming, the outspoken jurist remains a source of curiosity to observers across the political spectrum and on both sides of the ideological divide. And after nearly a quarter century on the bench, Scalia may be at the apex of his power. Agree with him or not, Scalia is the justice who has had the most important impact over the years on how we think and talk about the law, as the Harvard law dean Elena Kagan, now U.S. Solicitor General, once put it. Scalia electrifies audiences: to hear him speak is to remember him; to read his writing is to find his phrases permanently affixed in one's mind. But for all his public grandstanding, Scalia has managed to elude biographers—until now. In American Original: The Life and Constitution of Supreme Court Justice Antonin Scalia, the veteran Washington journalist Joan Biskupic presents for the first time a detailed portrait of this complicated figure and provides a comprehensive narrative that will engage Scalia's adherents and critics alike. Drawing on her long tenure covering the Court, and on unprecedented access to the justice, Biskupic delves into the circumstances of his rise and the formation of his rigorous approach to the bench. Beginning with the influence of Scalia's childhood in a first-generation Italian American home, American Original takes us through his formative years, his role in the Nixon-Ford administrations, and his trajectory through the Reagan revolution. Biskupic's careful reporting culminates with the tumult of the contemporary Supreme Court—where it was and where it's going, with Scalia helping to lead the charge. Even as Democrats control the current executive and legislative branches, the judicial branch remains rooted in conservatism. President Obama will likely appoint several new justices to the Court—but it could be years before those appointees change the tenor of the law. With his keen mind, authoritarian bent, and contentious rhetorical style, Scalia is a distinct and persuasive presence, and his tenure is far from over. This new book shows us the man in power: his world, his journey, and the far-reaching consequences of the transformed legal landscape. |
| reading law scalia: Scalia Bruce Allen Murphy, 2014-06-10 A deeply researched portrait of the controversial Supreme Court justice covers his career achievements, his appointment in 1986, and his resolve to support agendas from an ethical, rather than political, perspective. |
| reading law scalia: Antonin Scalia's Jurisprudence Ralph A. Rossum, 2016-12-12 In the new afterword Ralph Rossum covers Antonin Scalia’s entire career and discusses the thirty-eight major opinions since the original 2006 publication, including District of Columbia v. Heller, his dissent in the Obamacare cases of NFIB v. Sebelius and King v. Burwell, his important recess appointments case of NLRB v. Noel Canning, his procedural decisions on the Fourth Amendment and the Confrontation Clause, his equal protection (racial preference) opinions, and Hein v. Freedom from Religion Foundation. 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. |
| reading law scalia: Scalia's Court Antonin Scalia, 2016-04-04 The passing of this brilliant jurist is a great loss, but his writings—with their plain language and constitutional moorings—will guide generations to come. - Speaker of the House Paul Ryan The sudden passing of Justice Antonin Scalia shook America. After almost thirty years on the Supreme Court, Scalia had become as integral to the institution as the hallowed room in which he sat. His wisecracking interruptions during oral arguments, his unmatched legal wisdom, his unwavering dedication to the Constitution, and his blistering dissents defined his leadership role on the court and inspired new generations of policymakers and legal minds. Now, as Republicans and Democrats wage war over Scalia’s lamentably empty Supreme Court seat, Kevin Ring, former counsel to the U.S. Senate’s Constitution Subcommittee, has taken a close look at the cases that best illustrate Scalia’s character, philosophy, and legacy. In Scalia’s Court: A Legacy of Landmark Opinions and Dissents, Ring collects Scalia’s most memorable opinions on free speech, separation of powers, race, religious freedom, the rights of the accused, abortion, and more; and intersperses Scalia's own words with an analysis of his legal reasoning and his lasting impact on American jurisprudence. “I don’t worry about my legacy,” Scalia once told an audience at the National Archives. “Just do your job right, and who cares?” Now that the lion of American law has left the stage,” as the U.S. Attorney General put it, it is for the rest of America to worry about his legacy—and to care. |
| reading law scalia: Uncertain Justice Laurence Tribe, Joshua Matz, 2014-06-03 An assessment of how the Supreme Court under Chief Justice John Roberts is significantly influencing the nation's laws and reinterpreting the Constitution includes in-depth analysis of recent rulings and their implications. |
| reading law scalia: Reflections on Judging Richard A. Posner, 2013-10-07 For Richard Posner, legal formalism and formalist judges--notably Antonin Scalia--present the main obstacles to coping with the dizzying pace of technological advance. Posner calls for legal realism--gathering facts, considering context, and reaching a sensible conclusion that inflicts little collateral damage on other areas of the law. |
| reading law scalia: Barack Obama's Post-American Foreign Policy Robert Singh, 2012-06-07 This book is available as open access through the Bloomsbury Open Access programme and is available on www.bloomsburycollections.com. After one of the most controversial and divisive periods in the history of American foreign policy under President George W. Bush, the Obama administration was expected to make changes for the better in US relations with the wider world. Now, international problems confronting Obama appear more intractable, and there seems to be a marked continuity in policies between Obama and his predecessor. Robert Singh argues that Obama's approach of 'strategic engagement' was appropriate for a new era of constrained internationalism, but it has yielded modest results. Obama's search for the pragmatic middle has cost him political support at home and abroad, whilst failing to make decisive gains. Singh suggests by calibrating his foreign policies to the emergence of a 'post-American'world, the president has yet to preside over a renaissance of US global leadership. Ironically,Obama's policies have instead hastened the arrival of a post-American world. |
| reading law scalia: The Obamians James Mann, 2012-06-14 The definitive analysis of the events, ideas, personalities, and conflicts that have defined Obama’s foreign policy When Barack Obama took office, he brought with him a new group of foreign policy advisers intent on carving out a new global role for America in the wake of the Bush administration’s war in Iraq. Now the acclaimed author of Rise of the Vulcans offers a definitive, even-handed account of the messier realities they’ve faced in implementing their policies. In The Obamians, acclaimed author James Mann tells the compelling story of the administration’s struggle to enact a coherent and effective set of policies in a time of global turmoil. At the heart of this struggle are the generational conflicts between the Democratic establishment—including Robert Gates, Hillary Clinton, and Joseph Biden—and Obama and his inner circle of largely unknown, remarkably youthful advisers, who came of age after the Cold War had ended. Written by a proven master at elucidating political underpinnings even to the politicians themselves, The Obamians is a pivotal reckoning of this historic president and his inner circle, and of how their policies may or may not continue to shape America and the world. |
| reading law scalia: Design for Liberty Richard A. Epstein, 2011-11-15 The noted legal scholar Richard Epstein advocates a much smaller federal government, arguing that our over-regulated state gives too much discretion to regulators, which results in arbitrary, unfair decisions and other abuses. Epstein bases his classical liberalism on the twin pillars of the rule of law and of private contracts and property rights. |
| reading law scalia: The Law of Judicial Precedent Bryan A. Garner, Carlos Tiburcio Bea, Rebecca White Berch, Neil McGill Gorsuch, Harris L Hartz, Nathan L. Hecht, Brett Kavanaugh, Alex Kozinski, Sandra Lea Lynch, William H. Pryor (Jr.), Thomas Morrow Reavley, Jeffrey Stuart Sutton, Diane P. Wood, 2016 The Law of Judicial Precedent is the first hornbook-style treatise on the doctrine of precedent in more than a century. It is the product of 13 distinguished coauthors, 12 of whom are appellate judges whose professional work requires them to deal with precedents daily. Together with their editor and coauthor, Bryan A. Garner, the judges have thoroughly researched and explored the many intricacies of the doctrine as it guides the work of American lawyers and judges. The treatise is organized into nine major topics, comprising 93 blackletter sections that elucidate all the major doctrines relating to how past decisions guide future ones in our common-law system. The authors' goal was to make the book theoretically sound, historically illuminating, and relentlessly practical. The breadth and depth of research involved in producing the book will be immediately apparent to anyone who browses its pages and glances over the footnotes: it would have been all but impossible for any single author to canvass the literature so comprehensively and then distill the concepts so cohesively into a single authoritative volume. More than 2,500 illustrative cases discussed or cited in the text illuminate the points covered in each section and demonstrate the law's development over several centuries. The cases are explained in a clear, commonsense way, making the book accessible to anyone seeking to understand the role of precedents in American law. Never before have so many eminent coauthors produced a single lawbook without signed sections, but instead writing with a single voice. Whether you are a judge, a lawyer, a law student, or even a nonlawyer curious about how our legal system works, you're sure to find enlightening, helpful, and sometimes surprising insights into our system of justice. |
| reading law scalia: Cosmic Constitutional Theory J. Harvie Wilkinson, 2012-03-12 What underlies this development? In this concise and highly engaging work, Federal Appeals Court Judge and noted author (From Brown to Bakke) J. Harvie Wilkinson argues that America's most brilliant legal minds have launched a set of cosmic constitutional theories that, for all their value, are undermining self-governance. |
| reading law scalia: The Elements of Legal Style Bryan A. Garner, 2002 Focusing on the argumentative, narrative, and descriptive style found in legal briefs and judicial opinions, this text should be a thought provoking examination of effective argumentation in law. |
| reading law scalia: An Introduction to Constitutional Law Randy E. Barnett, Josh Blackman, 2022-10-13 An Introduction to Constitutional Law teaches the narrative of constitutional law as it has developed historically and provides the essential background to understand how this foundational body of law has come to be what it is today. This multimedia experience combines a book and video series to engage students more directly in the study of constitutional law. All students—even those unfamiliar with American history—will garner a firm understanding of how constitutional law has evolved. An eleven-hour online video library brings the Supreme Court’s most important decisions to life. Videos are enriched by photographs, maps, and audio from the Supreme Court. The book and videos are accessible for all levels: law school, college, high school, home school, and independent study. Students can read and watch these materials before class to prepare for lectures or study after class to fill in any gaps in their notes. And, come exam time, students can binge-watch the entire canon of constitutional law in about twelve hours. |
| reading law scalia: Originalism in American Law and Politics Johnathan O'Neill, 2005-07-12 This book explains how the debate over originalism emerged from the interaction of constitutional theory, U.S. Supreme Court decisions, and American political development. Refuting the contention that originalism is a recent concoction of political conservatives like Robert Bork, Johnathan O'Neill asserts that recent appeals to the origin of the Constitution in Supreme Court decisions and commentary, especially by Justices Antonin Scalia and Clarence Thomas, continue an established pattern in American history. Originalism in American Law and Politics is distinguished by its historical approach to the topic. Drawing on constitutional commentary and treatises, Supreme Court and lower federal court opinions, congressional hearings, and scholarly monographs, O'Neill's work will be valuable to historians, academic lawyers, and political scientists. |
| reading law scalia: The Structure of Liberty : Justice and the Rule of Law Randy E. Barnett, 1998-04-02 In this provocative and engaging new book, Randy Barnett outlines a powerful and original theory of liberty structured by the liberal conception of justice and the rule of law. Drawing on insights from philosophy, political theory, economics, and law, he shows how this new conception of liberty can confront, and solve, the central societal problems of knowledge, interest, and power. - ;What is liberty, as opposed to license, and why is it so important? When people pursue happiness, peace, and prosperity whilst living in society, they confront pervasive problems of knowledge, interest, and power. These problems are dealt with by ensuring the liberty of the people to pursue their own ends, but addressing these problems also requires that liberty be structured by certain rights and procedures associated with the classical liberal conception of justice and the rule of law. In this controversial new work, Barnett examines the serious social problems that are addressed by liberty and the background or `natural' rights and `rule of law' procedures that distinguish liberty from license. He goes on to outline the constitutional framework that is needed to protect this structure of liberty. This is the only discussion of the liberal conception of justice and the rule of law to draw upon insights from philosophy, economics, political theory, and law to describe comprehensively the vital social functions performed by adherence to these concepts. And, although the book is intended to challenge specialists, its clear and accessible prose ensure that it will be of immense value to both scholars and students working in a range of academic disciplines. - |
| reading law scalia: A Common Law for the Age of Statutes Guido Calabresi, 2009-07-01 The dominance of legislatures and statutory law has put an impossible burden on the courts. Guido Calabresi thinks it is time for this country seriously to consider returning to a traditional American judicial–legislative balance in which courts would enlarge the common law and would also decide when a rule of law has seen its day and should be revised. |
| reading law scalia: The Nature of Legislative Intent Richard Ekins, 2012-10-12 Are legislatures able to form and act on intentions? The question matters because the interpretation of statutes is often thought to centre on the intention of the legislature and because the way in which the legislature acts is relevant to the authority it does or should enjoy. Many scholars argue that legislative intent is a fiction: the legislative assembly is a large, diverse group rather than a single person and it seems a mystery how the intentions of the individual legislators might somehow add up to a coherent group intention. This book argues that in enacting a statute the well-formed legislature forms and acts on a detailed intention, which is the legislative intent. The foundation of the argument is an analysis of how the members of purposive groups act together by way of common plans, sometimes forming complex group agents. The book extends this analysis to the legislature, considering what it is to legislate and how members of the assembly cooperate to legislate. The book argues that to legislate is to choose to change the law for some reason: the well-formed legislature has the capacity to consider what should be done and to act to that end. This argument is supported by reflection on the centrality of intention to the nature of language use. The book then explains in detail how members of the assembly form and act on joint intentions, which do not reduce to the intentions of each member, before outlining some implications of this account for the practice of statutory interpretation. Developing a robust account of the nature and importance of legislative intention, the book represents a significant contribution to the literature on deliberative democracy that will be of interest to all those thinking about legal interpretation and constitutional theory. |
| reading law scalia: Confront and Conceal David E. Sanger, 2013-04-23 This astonishingly revealing insider's account of the Obama administration's foreign policy process is a triumph. —Foreign Affairs President Obama's administration came to office with the world on fire. Confront and Conceal is the story of how, in his first term, Obama secretly used the most innovative weapons and tools of American power, including our most sophisticated—and still unacknowledged—arsenal of cyberweapons, aimed at Iran's nuclear program. Washington and the world were rocked by Confront and Conceal, which goes deep into the Situation Room as Obama questions whether this new weapon can slow Iran and avoid a war—or whether it will create blowback, as the Iranians and others retaliate with cyberattacks on the United States. It describes how the bin Laden raid worsened the dysfunctional relationship with Pakistan, and how Obama's early idealism about fighting a war of necessity in Afghanistan quickly turned to fatigue, frustration, and now withdrawal. As the world seeks to understand how Obama will cope with nationalistic leaders in Beijing, a North Korea bent on developing a nuclear weapon that can reach American shores, and an Arab world where promising revolutions turned to chaos, Confront and Conceal—with an updated epilogue for this paperback edition—provides an unflinching account of these complex years of presidential struggle, in which America's ability to exert control grows ever more elusive. |
| reading law scalia: Commentaries on American Law James Kent, 1860 |
| reading law scalia: A Republic, If You Can Keep It Neil Gorsuch, 2019-09-10 NEW YORK TIMES BESTSELLER • Justice Neil Gorsuch reflects on his journey to the Supreme Court, the role of the judge under our Constitution, and the vital responsibility of each American to keep our republic strong. As Benjamin Franklin left the Constitutional Convention, he was reportedly asked what kind of government the founders would propose. He replied, “A republic, if you can keep it.” In this book, Justice Neil Gorsuch shares personal reflections, speeches, and essays that focus on the remarkable gift the framers left us in the Constitution. Justice Gorsuch draws on his thirty-year career as a lawyer, teacher, judge, and justice to explore essential aspects our Constitution, its separation of powers, and the liberties it is designed to protect. He discusses the role of the judge in our constitutional order, and why he believes that originalism and textualism are the surest guides to interpreting our nation’s founding documents and protecting our freedoms. He explains, too, the importance of affordable access to the courts in realizing the promise of equal justice under law—while highlighting some of the challenges we face on this front today. Along the way, Justice Gorsuch reveals some of the events that have shaped his life and outlook, from his upbringing in Colorado to his Supreme Court confirmation process. And he emphasizes the pivotal roles of civic education, civil discourse, and mutual respect in maintaining a healthy republic. A Republic, If You Can Keep It offers compelling insights into Justice Gorsuch’s faith in America and its founding documents, his thoughts on our Constitution’s design and the judge’s place within it, and his beliefs about the responsibility each of us shares to sustain our distinctive republic of, by, and for “We the People.” |
| reading law scalia: Neoconservatism Irving Kristol, 1995-09-20 Here are the best of Kristol's now famous essays on society, religion, morals, culture, literature, education, and on the values issues which have come to define the neoconservative critique of contemporary life. These essays display the provocative ideas and style that have caused Irving Kristol to be justly regarded as the godfather of the conservative movement. |
| reading law scalia: HBR Guide to Better Business Writing (HBR Guide Series) Bryan A. Garner, 2013-01-08 DON'T LET YOUR WRITING HOLD YOU BACK. When you're fumbling for words and pressed for time, you might be tempted to dismiss good business writing as a luxury. But it's a skill you must cultivate to succeed: You'll lose time, money, and influence if your e-mails, proposals, and other important documents fail to win people over. The HBR Guide to Better Business Writing, by writing expert Bryan A. Garner, gives you the tools you need to express your ideas clearly and persuasively so clients, colleagues, stakeholders, and partners will get behind them. This book will help you: Push past writer's block Grab--and keep--readers' attention Earn credibility with tough audiences Trim the fat from your writing Strike the right tone Brush up on grammar, punctuation, and usage Arm yourself with the advice you need to succeed on the job, with the most trusted brand in business. Packed with how-to essentials from leading experts, the HBR Guides provide smart answers to your most pressing work challenges. |
| reading law scalia: Quack this Way Bryan A. Garner, 2013 Two friends, both of them vocational snoots, sat down to film an interview in February 2006. Their subjects: language and writing. The interviewee drove more than an hour, from Claremont to downtown Los Angeles. The interviewer flew from Dallas. They spoke on film for 67 minutes and then walked uphill to a nearby seafood restaurant, where they continued the running conversation they had started five years earlier. They liked each other, and they seemed to understand each other. The rest is history. This is the last long interview with David Foster Wallace. |
| reading law scalia: The Theory and Practice of Statutory Interpretation Frank Cross, 2012-08-16 Today, statutes make up the bulk of the relevant law heard in federal courts and arguably represent the most important source of American law. The proper means of judicial interpretation of those statutes have been the subject of great attention and dispute over the years. This book provides new insights into the theory and practice of statutory interpretation by courts. Cross offers the first comprehensive analysis of statutory interpretation and includes extensive empirical evidence of Supreme Court practice. He offers a thorough review of the active disputes over the appropriate approaches to statutory interpretations, namely whether courts should rely exclusively on the text or also examine the legislative history. The book then considers the use of these approaches by the justices of the recent Rehnquist Court and the degree to which they were applied by the justices, either sincerely or in pursuit of an ideological agenda. |
| reading law scalia: The Chicago Guide to Grammar, Usage, and Punctuation Bryan A. Garner, 2016 The definitive guide for writers who want their prose to be both memorable and correct-- |
| reading law scalia: Statutes and Statutory Construction, Including a Discussion of Legislative Powers, Constitutional Regulations Relative to the Forms of Legislation and to Legislative Procedure, Together with an Exposition at Length of the Principles of Interpretation and J G 1825-1902 Sutherland, 2018-10-13 This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. |
| reading law scalia: Good Will Hunting Ben Affleck, Matt Damon, 1997-12-25 As director Gus Van Sant observes in the introduction to Matt Damon's and Ben Affleck's screenplay Good Will Hunting, the two young actors somewhat resemble the characters they play in the film: they're best friends, and Affleck (who plays Chuckie) habitually chauffeurs Damon (Will), who doesn't drive. Van Sant says we can see how badly Damon drives by watching the film's last scene, in which he is actually driving the car with the camera mounted on it. But Damon and company write better than he drives; this script contains some of the boldest, best monologues since Pulp Fiction.Van Sant and cast member Robin Williams helped the young actors tame the tigers in their cranial tanks, trimming the script into a precision instrument. Though the stills from the film are not perfectly matched to their places in the script, this story remains as much a joy to read as it is towatch on the big screen. |
| reading law scalia: Oxford Advanced American Dictionary for Learners of English Diana Lea, Oxford University Press, 2011 The accompanying CD-ROM allows you to ... improve your writing skills with the Oxford iWriter; search the A-Z dictionary; listen to words and record your pronunciation; focus on topic vocabulary; make your own word lists.--Page 4 of cover. |
| reading law scalia: Typography for Lawyers Matthew Butterick, 2010 Based on the popular website, Typography for Lawyers is the first guide to the essentials of typography aimed specifically at lawyers. Author Matthew Butterick, a Harvard-trained typographer and practicing attorney, dispels the myth that legal documents are incompatible with excellent typography. Butterick explains how to get professional results with the tools you already have quickly and easily. Topics include special keyboard characters, line length, point size, font choice, headings, and hyphenation. The book also includes tutorials on specific types of documents like ršumš, research memos, and motions. |
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