RECENT HEADNOTES ARTICLES

Justice Scalia’s Jiggery-Pokery in Federal Arbitration Law

In authoring three decisions on the Federal Arbitration Act in his final years on the Court, Justice Scalia played a crucial role in shaping this area of the law. Although Justice Scalia’s interest in the field may have only developed late in his career, Professor David S. Schwartz notes that it will not soon be […]

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Justice Scalia’s Unparalleled Contributions to Administrative Law

Throughout his legal career, Justice Scalia displayed a great interest in and exercised great influence over the development of administrative law. Professor Richard J. Pierce, Jr. discusses the changes Justice Scalia helped to impart on the field during his decades on the Bench.

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Justice Scalia: Affirmative or Negative?

Justice Scalia’s experiences played a crucial role in shaping how Justice Scalia framed his arguments. Professor Stephen M. Griffin comments on the ways in which the Justice’s background may have influenced his constitutional theory and his writing style.

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Rescued from the Grave and Then Covered with Mud: Justice Scalia and the Unfinished Restoration of the Confrontation Right

In drafting the Supreme Court’s decision in Crawford v. Washington, Justice Scalia brought back to life the Sixth Amendment’s Confrontation Clause. In Justice Scalia’s absence, Professor Richard D. Friedman sees the future development of the doctrine to be far from certain.

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Playing Favorites? Justice Scalia, Abortion Protests, and Judicial Impartiality

By examining Justice Scalia’s First Amendment jurisprudence through the lens of abortion cases, Professor Daniel A. Farber comments on how judicial bias may have played a part in the Court’s decisions during this era.

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Remembering Justice Antonin Scalia

Justice Scalia’s presence on the bench nearly matches his overall doctrinal contributions. Professor Alan B. Morrison comments on Justice Scalia’s minimal record upon appointment to the Supreme Court, the challenges he presented to lawyers at oral argument, his aversion to legislative history, and his tendency towards writing colorful dissenting opinions and predicting doom and gloom […]

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Foreword: A Consequential Justice

When he visited the University of Minnesota in October 2015, Justice Scalia commented that Justice William Brennan was “the most influential Justice of the twentieth century.” Although their styles could not have been more different, Professor Robert A. Stein observes that both Justice Brennan and Justice Scalia will certainly be remembered as two of the […]

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