Abstract

http://ssrn.com/abstract=1755616
 
 

Footnotes (49)



 


 



A Tale of Two Justices (Scalia and Breyer)


Arnold H. Loewy


Texas Tech University School of Law

February 14, 2011

Texas Tech Law Review, Forthcoming

Abstract:     
In "A Tale of Two Justices (Scalia and Breyer)", Professor Loewy explores the differences in Justices Scalia and Breyer after their visit to Texas Tech School of Law in November. Loewy explores them on a deeper level, rejecting the usual distinction of conservative versus liberal. Loewy argues that Scalia and Breyer differ on three fundamental issues: what is relevant, the importance of certainty, and the broad or narrow nature of opinions. Loewy praises and criticizes each of the justices for different reasons, but ultimately chooses a hypothetical all-Breyer court over an all-Scalia one, due to Scalia’s lack of recognition of the consequences of Supreme Court opinions.

Number of Pages in PDF File: 9

Keywords: Scalia, Breyer, US Supreme Court

JEL Classification: K19

Accepted Paper Series





Download This Paper

Date posted: February 9, 2011 ; Last revised: February 16, 2011

Suggested Citation

Loewy, Arnold H., A Tale of Two Justices (Scalia and Breyer) (February 14, 2011). Texas Tech Law Review, Forthcoming. Available at SSRN: http://ssrn.com/abstract=1755616

Contact Information

Arnold H. Loewy (Contact Author)
Texas Tech University School of Law ( email )
1802 Hartford
Lubbock, TX 79409
United States
Feedback to SSRN


Paper statistics
Abstract Views: 358
Downloads: 35
Footnotes:  49

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo7 in 0.375 seconds