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Item Details
| Title:
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THE FAILED PROMISE OF ORIGINALISM
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| By: |
Frank Cross |
| Format: |
Hardback |
| List price:
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£45.00 |
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We believe that this item is permanently unavailable, and so we cannot source
it.
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| ISBN 10: |
0804783829 |
| ISBN 13: |
9780804783828 |
| Publisher: |
STANFORD UNIVERSITY PRESS |
| Pub. date: |
9 January, 2013 |
| Pages: |
236 |
| Description: |
Develops an empirical analysis of the use of originalism in Supreme Court decisions to show how claimed adherence to originalism ultimately does not constrain ideological decisions. |
| Synopsis: |
Originalism is an enormously popular-and equally criticized-theory of constitutional interpretation. As Elena Kagan stated at her confirmation hearing, "We are all originalists." Scores of articles have been written on whether the Court should use originalism, and some have examined how the Court employed originalism in particular cases, but no one has studied the overall practice of originalism.The primary point of this book is an examination of the degree to which originalism influences the Court's decisions. Frank B. Cross tests this by examining whether originalism appears to constrain the ideological preferences of the justices, which are a demonstrable predictor of their decisions. Ultimately, he finds that however theoretically appealing originalism may seem, the changed circumstances over time and lack of reliable evidence means that its use is indeterminate and meaningless. Originalism can be selectively deployed or manipulated to support and legitimize any decision desired by a justice. |
| Publication: |
US |
| Imprint: |
Stanford University Press |
| Returns: |
Returnable |
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