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Everything You Wanted to Know About Justice Scalia but Were Afraid to Ask, or Don't Look Now but Justice Scalia's Originalism Approach is Fatally Flawed

    Research output: Contribution to conferencePresentation

    Abstract

    I do not deny Justice Scalia's valiant efforts to vote based upon his originalist principles. But both a justice and an observer are well advised to understand the implications of the culture surrounding the Supreme Court. Originalism, in assuming present culture plays little part, and in seeking to operate in a closed universe, distorts the reality of judicial decision-making, and to that extent, risks unsound constitutional interpretations.

    Original languageAmerican English
    StatePublished - Nov 13 2007

    Keywords

    • supreme court
    • scalia
    • orginalism
    • flaws
    • living constitution

    Disciplines

    • Constitutional Law
    • Judges

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