Lexington Books
Pages: 390
•
Trim: 6¼ x 9⅜
978-1-4985-6448-9 • Hardback • August 2018 • $153.00 • (£119.00)
978-1-4985-6450-2 • Paperback • July 2020 • $51.99 • (£40.00)
David A. Schultz is professor of political science at Hamline University.
Howard Schweber is professor of political science at the University of Wisconsin, Madison.
Introduction: Assessing Antonin Scalia’s Place in Supreme Court History
David Schultz and Howard Schweber
Chapter 1: Scalia, Sissies, and Administrative Law
David Schultz
Chapter 2: Justice Scalia’s Modest Employment Discrimination Law Legacy
Henry L. Chambers, Jr.
Chapter 3: Playing Defense in the “Culture Wars”: Justice Scalia on Race, Gender, and Sexual Orientation
Mary Welek Atwell
Chapter 4: Justice Scalia and Criminal Justice: A Mixed Record with Conservative Impact
Christopher E. Smith and Charles F. Jacobs
Chapter 5: Threat and Suspicion: Scalia’s Legacy for A Transnational Judicial Dialogue
Maureen Stobb
Chapter 6: The Anti-Madison: Antonin Scalia’s Theory of Politics
Howard Schweber
Chapter 7: Justice Scalia and the Legal Conservative Movement: An Exploration of Nino’s Neoconservatism
Jesse Merriam
Chapter 8: Justice Scalia and the Originalist Fallacy
Stephen M. Feldman
Chapter 9: The Jurisprudence of Justice Scalia: Common-Law Judging Behind an Originalist Façade
Ronald Kahn and Gerard Michael D’Emilio
Chapter 10: Justice Scalia and Oral Arguments at the Supreme Court
Tim Johnson, Ryan Black, and Ryan Owens
Chapter 11: Justice Scalia’s Concurring Opinion Writing
Ryan J. Owens and Christopher J. Krewson
Chapter 12: Justice Scalia’s Confirmation Hearing Legacy
Alexander Denison and Justin Wedeking
Chapter 13: Was Antonin Scalia a “Great” Supreme Court Justice?
James Staab
About the Editors and Contributors
The death of Antonin Scalia on February 13, 2016, marked the end of one of the most consequential careers in American legal history. In 30 years on the Supreme Court, Scalia introduced, articulated, and defended a pathbreaking school of constitutional (and political) thinking, doing so with a jaunty and caustic writing style that was utterly distinctive. This edited volume, featuring 14 chapters by scholarly contributors from the fields of political science, criminal justice, and law, assesses Scalia’s legacy. The chapters include appraisals of Scalia’s jurisprudence, an examination of the impact of his confirmation hearing, and analysis of his role as the avatar of originalism, the idea that the provisions of the Constitution should be interpreted in a way that reflects the intentions of the drafters of those provisions. A controversial doctrine, originalism itself is scrutinized throughout the book, and also in one dedicated chapter. The volume concludes with a contemplation of whether Scalia was a “great” Supreme Court justice, a complicated question about a seminal intellectual thinker on the Court, but one who was not always able to assemble a coalition of colleagues to sign onto his judicial philosophy.
Summing Up: Highly recommended. Upper-division undergraduates through faculty.
— Choice Reviews
Love him or hate him, everyone who cares about American law wonders what the legacy of fiery Justice Antonin Scalia will be. This comprehensive volume tackles that question by looking at his addition to the Court, his jurisprudence there, and his role as a public intellectual and political actor. Dissatisfied with just cataloging his opinions, concurrences, and dissents, the authors use a variety of approaches to evaluate Justice Scalia holistically. In addition to providing striking insights about the late Justice and his significance, the volume provides an instructive stroll through the diversity of ways in which political scientists think about law and judging. A must read for any serious Supreme Court scholar as well as for both fans and opponents of Justice Scalia.
— Julie Novkov, University at Albany, SUNY