Antonin Scalia

Antonin Scalia, 1936–2016, associate justice of the U.S. Supreme Court (1986–2016), b. Trenton, N.J. He graduated from Harvard Law School (1960) and subsequently taught law at the Univ. of Virginia (1967–71) and the Univ. of Chicago (1977–82). In 1982 President Reagan named him to the federal Court of Appeals for the District of Columbia, and four years later he was nominated to the U.S. Supreme Court, taking the seat vacated when William Rehnquist ascended to the position of chief justice. An outspoken conservative, Scalia was a prominent proponent of "textualism," the idea that one should focus on the text of the U.S. constitution or a law, and "originalism," which stresses that jurists should rely on the constitution's meaning as defined by its framers at the time of its adoption when seeking to interpret it and that decisions of judges should be based on that original meaning, a position enunciated in his book A Matter of Interpretation (1997). He is regarded as one of the most influential justices of the late 20th and early 21st cent. Though he was willing to overturn (often liberal) precedents and was one of the most conservative members of the Court's right wing, Scalia sometimes took more libertarian positions, for example, protecting flag burning as a form of free speech.

See C. J. Scalia (his son) and E. Whelan, ed., Scalia Speaks (2017); biographies by J. Biskupic (2009) and B. A. Murphy (2014).

The Columbia Encyclopedia, 6th ed. Copyright© 2018, The Columbia University Press.

Antonin Scalia: Selected full-text books and articles

The Age of Scalia By Greene, Jamal Harvard Law Review, Vol. 130, No. 1, November 2016
Peer-reviewed publications on Questia are publications containing articles which were subject to evaluation for accuracy and substance by professional peers of the article's author(s).
Judges on Judging: Views from the Bench By David M. O'Brien Chatham House Publishers, 1997
Librarian's tip: Chap. 18 "Originalism: The Lesser Evil" by Antonin Scalia Justice, Supreme Court of the United States
A primary source is a work that is being studied, or that provides first-hand or direct evidence on a topic. Common types of primary sources include works of literature, historical documents, original philosophical writings, and religious texts.
A Matter of Interpretation: Federal Courts and the Law : an Essay By Antonin Scalia; Gordon S. Wood; Laurence H. Tribe; Mary Ann Glendon; Ronald Dworkin; Amy Gutmann Princeton University Press, 1997
Justice Scalia and the Art of Rhetoric By Shaman, Jeffrey M Constitutional Commentary, Vol. 28, No. 2, Fall 2012
Scalia's Lament By Safranek, Stephen J Texas Review of Law & Politics, Vol. 8, No. 2, Spring 2004
Justice Scalia's Bottom-Up Approach to Shaping the Law By Ryan, Meghan J The William and Mary Bill of Rights Journal, Vol. 25, No. 1, October 2016
The Rule of Law as a Law of Law By Calabresi, Steven G.; Lawson, Gary Notre Dame Law Review, Vol. 90, No. 2, December 2014
Supreme Court Justice Scalia's Commentary during the Fisher Case Arguments Have Sparked Controversy By Arnett, Autumn A.; Morris, Catherine Diverse Issues in Higher Education, Vol. 32, No. 24, December 31, 2015
Why Justice Scalia Should Be a Constitutional Comparativist ... Sometimes By Gray, David C Stanford Law Review, Vol. 59, No. 5, March 2007
The Justices of the United States Supreme Court: Their Lives and Major Opinions By Leon Friedman; Fred L. Israel Chelsea House, vol.5, 1997
Librarian's tip: "Antonin Scalia" begins on p. 1715
Supreme Injustice: How the High Court Hijacked Election 2000 By Alan M. Dershowitz Oxford University Press, 2003
Librarian's tip: Chap. 4 "The Inconsistency of the Majority Justices with Their Previously Expressed Views"
Constitutional Interpretation: Illusion and Reality By Jeffrey M. Shaman Greenwood Press, 2001
Librarian's tip: "Rehnquist and Scalia: Forays into Weakening Intermediate Scrutiny" begins on p. 96
What If Justice Scalia Took History and the Rule of Law Seriously? By Winter, Steven L Duke Environmental Law & Policy Forum, Vol. 12, No. 1, Fall 2001
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