Justice Antonin Scalia and the Supreme Court's Conservative Moment

By Christopher E. Smith | Go to book overview

NOTES
1.
George Kannar, "The Constitutional Catechism of Antonin Scalia," Yale Law Journal 99 ( 1990): 1308 n. 53.
2.
Richard A. Brisbin Jr., "The Conservatism of Antonin Scalia," Political Science Quarterly 105 ( 1990): 1-2.
3.
Antonin Scalia, "The Disease as Cure," Washington University Law Quarterly ( 1979): 147.
4.
Lawrence Baum, The Supreme Court, 4th ed. ( Washington, D.C.: Congressional Quarterly Press, 1992), p. 165.
5.
Linda Greenhouse, "Supreme Court Dissenters: Loners or Pioneers?" New York Times, 20 July 1991, p. B7.
6.
Brisbin, p. 29.
7.
Christopher E. Smith, "The Supreme Court and Ethnicity," Oregon Law Review 69 ( 1990): 823-826.
8.
Christopher E. Smith and Avis Alexandria Jones, "The Rehnquist Court's Activism and the Risk of Injustice," Connecticut Law Review (forthcoming, Fall 1993).
9.
Kannar, p. 1301 n. 11.
10.
Lemon v. Kurtzman, 403 U.S. 602 ( 1971).
11.
Marsh v. Chambers, 463 U.S. 783 ( 1983).
12.
William Brennan, "The Constitution of the United States: Contemporary Ratification," speech presented at Georgetown University, 12 October 1985, pp. 4-5.
13.
Edwin Meese, speech before the American Bar Association House of Delegates, July 1985, quoted in Debra Cassens Moss, "The Policy and the Rhetoric of Ed Meese," American Bar Association Journal, 73 ( 1 February 1987): 66.
14.
Archibald Cox, The Court and the Constitution ( Boston: Houghton Mifflin, 1987), p. 42.
15.
Edwin Meese, "The Battle for the Constitution," Policy Review 35 (Spring 1986): 34.
16.
Christopher E. Smith, "Jurisprudential Politics and the Manipulation of History," Western Journal of Black Studies 13 ( 1989): 156-161.
17.
Antonin Scalia, "Originalism: The Lesser Evil," University of Cincinnati Law Review 57 ( 1989): 863.
18.
Ibid., p. 864.
19.
Ibid., pp. 856-857.
20.
Ibid., p. 864.

-51-

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Justice Antonin Scalia and the Supreme Court's Conservative Moment
Table of contents

Table of contents

  • Title Page iii
  • Contents vii
  • Preface ix
  • 1 - The Supreme Court's Conservative Moment 1
  • Notes 20
  • 2 - Justice Antonin Scalia 25
  • Conclusion 50
  • Notes 51
  • 3 - Justice Scalia's Judicial Behavior 55
  • Notes 73
  • 4 - Justice Scalia and the Failure of the Conservative Agenda 77
  • Notes 115
  • 5 - The Influence of the Individual Justice 121
  • Notes 134
  • Select Bibliography 137
  • Index 139
  • About the Author 148
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