Frank Scalia's Books

Making Sense of the Constitution

A Primer on the Supreme Court and Its Struggle to Apply Our Fundamental Law

By: Walter M Frank

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Making Sense of the Constitution

A Primer on the Supreme Court and Its Struggle to Apply Our Fundamental Law

By: Walter M Frank

In Making Sense of the Constitution: A Primer on the Supreme Court and Its Struggle to Apply Our Fundamental Law, Walter Frank tackles in a comprehensive but lively manner subjects rarely treated in one volume. Aiming at both the general reader and students of political science, law, or history, Frank begins with a brief discussion of the nature of constitutional law and why the Court divides so closely on many issues. He then proceeds to an analysis of the Constitution and subsequent amendments, placing them in their historical context. Next, Frank shifts to the Supreme Court and its decisions, examining, among other things, doctrinal developments, the Court’s decision making processes, how justices interact with each other, and the debate over how the Constitution should be interpreted. The work concludes with a close analysis of Court decisions in six major areas of continuing controversy, including abortion, affirmative action, and campaign finance. Outstanding by the University Press Books for Public and Secondary Schools

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Page Count

329

Publisher

SIU Press

Published Date

ISBN 10

0809330849

ISBN 13

9780809330843

The Failed Promise of Originalism

By: Frank Cross

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The Failed Promise of Originalism

By: Frank Cross

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.

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Page Count

237

Publisher

Stanford University Press

Published Date

ISBN 10

0804784698

ISBN 13

9780804784696

Masters of Illusion

The Supreme Court and the Religion Clauses

By: Frank S. Ravitch

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Masters of Illusion

The Supreme Court and the Religion Clauses

By: Frank S. Ravitch

Many legal theorists and judges agree on one major premise in the field of law and religion: that religion clause jurisprudence is in a state of disarray and has been for some time. In Masters of Illusion, Frank S. Ravitch provocatively contends that both hard originalism (a strict focus on the intent of the Framers) and neutrality are illusory in religion clause jurisprudence, the former because it cannot live up to its promise for either side in the debate and the latter because it is simply impossible in the religion clause context. Yet these two principles have been used in almost every Supreme Court decision addressing religion clause questions. Ravitch unpacks the various principles of religion clause interpretation, drawing on contemporary debates such as school prayer and displaying the Ten Commandments on courthouses, to demonstrate that the neutrality principle does not work in a pluralistic society. When defined by large, overarching principles of equality and liberty, neutrality fails to account for differences between groups and individuals. If, however, the Court drew on a variety of principles instead of a single notion of neutrality to decide whether or not laws facilitated or discouraged religious practices, the result could be a more equitable approach to religion clause cases.

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Page Count

254

Publisher

NYU Press

Published Date

ISBN 10

0814775853

ISBN 13

9780814775851

The Takings Issue

Constitutional Limits On Land Use Control And Environmental Regulation

By: Robert Meltz,Dwight Merriam,Rick Frank

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The Takings Issue

Constitutional Limits On Land Use Control And Environmental Regulation

By: Robert Meltz,Dwight Merriam,Rick Frank

As challenges to land use and environmental controls by landowners and the property-rights movement have become more frequent, the concept of "takings" -- government action that excessively limits a property-owner's use of private land -- has become both increasingly familiar to the public, and increasingly problematic for planners, local officials, and anyone involved with making day-to-day decisions about land use. A vast and diverse body of case law has come into existence over the past several decades, and the controversy generated by recent legal decisions has resulted in a significant level of ideological bias in much of what has been written on the topic.This volume is an objective and authoritative examination that considers all aspects of the takings issue. It is a much-needed guide and overview that introduces and explains issues surrounding regulatory takings on the local, state, and federal level for anyone involved with private land and government limitation of its permissible use. The authors describe where the law is now, predict where it might go in the future, and review conflict-reducing solutions to a variety of situations. They condense an immense amount of information into a clear and accesible format, making the book equally valuable for lawyers and non-lawyers alike.The Takings Issue addresses procedural hurdles involved in getting a takings issue heard by a court, examines what does and does not constitute a taking, and considers the remedies available to landowners involved in takings actions. It treats concerns such as zoning, dedications and exactions, subdivision platting, and other local issues in some detail, and also considers state and federal issues involving industrial site approval, endangered species and wetlands protection, restrictions on access to resources on federal lands, and other topics.The book is an essential reference for planners, land use lawyers, developers, and students of planning and law, as well as for policymakers and citizens involved with takings issues.

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Page Count

626

Publisher

Island Press

Published Date

ISBN 10

1597263281

ISBN 13

9781597263283

United States Reports, Volume 541, Cases Adjudged in the Supreme Court at the October Term, 2003, March 2 Through June 8, 2004

By: Frank D. Wagner

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United States Reports, Volume 541, Cases Adjudged in the Supreme Court at the October Term, 2003, March 2 Through June 8, 2004

By: Frank D. Wagner

Frank D. Wagner, Reporter of Decisions. Item 0741. Volume of the United States Reports containing the final decisions and opinions of the Supreme Court justices regarding cases between March 2, 2004 and June 8, 2004. Also includes notes regarding the members of the Supreme Court, orders, and other relevant materials.

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Page Count

1150

Publisher

Government Printing Office

Published Date

ISBN 10

0160876028

ISBN 13

9780160876028

Religion and the State in American Law

By: Boris I. Bittker,Scott C. Idleman,Frank S. Ravitch

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Religion and the State in American Law

By: Boris I. Bittker,Scott C. Idleman,Frank S. Ravitch

This book provides a comprehensive overview of religion and government in the United States, providing historical context to contemporary issues.

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Page Count

1001

Publisher

Cambridge University Press

Published Date

ISBN 10

1107071828

ISBN 13

9781107071827

Over the Wall

Protecting Religious Expression in the Public Square

By: Frank Guliuzza III

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Over the Wall

Protecting Religious Expression in the Public Square

By: Frank Guliuzza III

Over the Wall enters the extensive, and often heated, contemporary debates over both religion and politics and the desired relationship between church and state. Author Frank Guliuzza links the process of "secularization" with the Supreme Court's penchant for "separation," and argues that should policymakers desire to do something about the former, they need to reevaluate the latter. The book supplements the argument that, increasingly, there is evidence to demonstrate that religious people are not taken seriously in the marketplace of political ideas. That does not mean that religious people, particularly evangelical Christians, are not participating actively in politics. On the contrary, while religious believers are becoming ever more active in politics and political debate, they are taken less and less seriously. Guliuzza claims that this reaction to religious-based political expression is evidence of a concerted effort, though one that comes from multiple perspectives, to produce not simply a secular nation, but, rather, a secular society. Guliuzza describes the linkage between those who want to secularize and privatize public space with those who insist that the Constitution's establishment clause requires "separation"—separation of church from state, and separation of religion from that which is not religion. He argues that if one is serious about ending secularization, inasmuch as it impacts upon religious-based political participation, then one must look for a different approach to the establishment clause than that offered by the Supreme Court in Everson v Board of Education (1947) and Lemon v Kurtzman (1971). He considers the alternative approaches proffered in the literature and by those on the Court, and selects one: "authentic neutrality." Guliuzza asserts that by modifying the Court's approach to the establishment clause, there will be a substantial reduction in the negative consequences of secularization and separation.

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Page Count

240

Publisher

State University of New York Press

Published Date

ISBN 10

0791493180

ISBN 13

9780791493182

I Don't Have Enough Faith to Be an Atheist (Foreword by David Limbaugh)

By: Norman L. Geisler,Frank Turek

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I Don't Have Enough Faith to Be an Atheist (Foreword by David Limbaugh)

By: Norman L. Geisler,Frank Turek

Geisler and Turek argue that Christianity requires the least faith of all worldviews because it is the most reasonable. A valuable aid to those interested in examining the reasonableness of the Christian faith.

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Page Count

450

Publisher

Crossway

Published Date

ISBN 10

1433517035

ISBN 13

9781433517037

High Crimes and Misdemeanors

A History of Impeachment for the Age of Trump

By: Frank O. Bowman III,Frank O. Bowman

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High Crimes and Misdemeanors

A History of Impeachment for the Age of Trump

By: Frank O. Bowman III,Frank O. Bowman

Explains impeachment from its English roots through 250 years of American constitutional experience, including the case against President Trump.

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Page Count

481

Publisher

Cambridge University Press

Published Date

ISBN 10

1108481051

ISBN 13

9781108481052

United States Reports V. 555

Cases Adjudged In The Supreme Court at October Term 2008, Beginning of Term October 6, 2005, Through March 6, 2009

By: Frank D. Wagner

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United States Reports V. 555

Cases Adjudged In The Supreme Court at October Term 2008, Beginning of Term October 6, 2005, Through March 6, 2009

By: Frank D. Wagner

Volume of the United States Reports containing the final decisions and opinions of the Supreme Court justices regarding cases between October 6, 2005 and March 6, 2009. Also includes notes regarding the members of the Supreme Court, orders, and other relevant materials.

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Page Count

1260

Publisher

Government Printing Office

Published Date

ISBN 10

0160923107

ISBN 13

9780160923104

Crime and the Justice System in America

An Encyclopedia

By: Gordon M. Armstrong,Frank Schmalleger

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Crime and the Justice System in America

An Encyclopedia

By: Gordon M. Armstrong,Frank Schmalleger

An inter-disciplinary survey of crime and violence in America with historical perspective, but primary entry emphasis focused on the 20th century. Addressing specifically the period from 1960 to the present, this reference also projects into the 21st century with contemporary terminology covering aspects of violent crime, DNA evidence, terrorism, riots, gangs, guns and gun control, AIDS, drug and drug related crime, and corporate and political crime. A Bibliographic Essay, Table of Cases, and Index enrich this work designed for students, scholars, and professionals in criminal justice and related fields.

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Page Count

312

Publisher

Bloomsbury Publishing USA

Published Date

ISBN 10

0313033250

ISBN 13

9780313033254

The NRA

The Unauthorized History

By: Frank Smyth

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The NRA

The Unauthorized History

By: Frank Smyth

For the first time, the definitive account of America’s most powerful, most secretive, and most controversial nonprofit, and how far it has strayed from its origins. The National Rifle Association is unique in American life. Few other civic organizations are as old or as large. None is as controversial. It is largely due to the NRA that the U.S. gun policy differs so extremely — some would say so tragically — from that of every other developed nation. But, as Frank Smyth shows, the NRA has evolved from an organization concerned above all with marksmanship — and which supported most government efforts around gun control for a hundred years — to one that resists all attempts to restrict guns in any way. At the same time, the organization has also buried its own remarkable history. Here is that story, from the NRA’s surprising roots in post-Civil War New York City to the defining event that changed its culture forever — the so called “Cincinnati Revolt” of 1977 — to the present day, where President Donald Trump is the most ardent champion in the White House the NRA has ever had. For anyone who has looked at access to guns in our society and asked “Why?”, this is an unmatched account of how we got here, and who got us here.

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Page Count

192

Publisher

Macmillan + ORM

Published Date

ISBN 10

1250210291

ISBN 13

9781250210296

Relative Strangers

Italian Protestants in the Catholic World

By: Frank Cicero

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Relative Strangers

Italian Protestants in the Catholic World

By: Frank Cicero

Italian Protestants? Few people seem to have heard of them, but the author's mother's immigrant Italian family was Protestant while his father's were Catholic immigrants from Sicily. Relative Strangers describes the author's search for the religious roots of his parents' families in northern Italy and Sicily. He traces the history of the Waldensians, the Protestant sect which began in Lyon, France in the 12th century, often suffering persecution, but surviving to this day both in Europe and America.

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Page Count

314

Publisher

ChicagoReviewPress + ORM

Published Date

ISBN 10

0897336739

ISBN 13

9780897336734

The Theory and Practice of Statutory Interpretation

By: Frank B. Cross

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The Theory and Practice of Statutory Interpretation

By: Frank B. Cross

Today, statutes make up the bulk of the relevant law heard in federal courts and arguably represent the most important source of American law. The proper means of judicial interpretation of those statutes have been the subject of great attention and dispute over the years. This book provides new insights into the theory and practice of statutory interpretation by courts. Cross offers the first comprehensive analysis of statutory interpretation and includes extensive empirical evidence of Supreme Court practice. He offers a thorough review of the active disputes over the appropriate approaches to statutory interpretations, namely whether courts should rely exclusively on the text or also examine the legislative history. The book then considers the use of these approaches by the justices of the recent Rehnquist Court and the degree to which they were applied by the justices, either sincerely or in pursuit of an ideological agenda.

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Page Count

249

Publisher

Stanford University Press

Published Date

ISBN 10

0804769818

ISBN 13

9780804769815

Cases and Materials on Criminal Justice Administration

By: Frank W. Miller,Robert O. Dawson,George E. Dix,Raymond I. Parnas

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Cases and Materials on Criminal Justice Administration

By: Frank W. Miller,Robert O. Dawson,George E. Dix,Raymond I. Parnas

Law school casebook supplement to Miller, Dawson, Dix and Parnas' Cases and Materials on Criminal Justice Administration, 5th. Contains cases decided since the release of the casebook and expertly drafted notes and questions for classroom discussion.

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Page Count

346

Publisher

Foundation Press

Published Date

ISBN 10

1599412160

ISBN 13

9781599412160

Measuring Judicial Activism

By: Stefanie Lindqquist,Frank Cross

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Measuring Judicial Activism

By: Stefanie Lindqquist,Frank Cross

Measuring Judicial Activism' supplies empirical analysis to the widely discussed concept of judicial activism at the United States Supreme Court. The book seeks to move beyond more subjective debates by conceptualizing activism in non-ideological terms.

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Page Count

189

Publisher

Oxford University Press

Published Date

ISBN 10

0195370856

ISBN 13

9780195370850

Book's by Frank Scalia

Making Sense of the Constitution

Making Sense of the Constitution

The Failed Promise of Originalism

The Failed Promise of Originalism

Masters of Illusion

Masters of Illusion

The Takings Issue

The Takings Issue

United States Reports, Volume 541, Cases Adjudged in the Supreme Court at the October Term, 2003, March 2 Through June 8, 2004

United States Reports, Volume 541, Cases Adjudged in the Supreme Court at the October Term, 2003, March 2 Through June 8, 2004

Religion and the State in American Law

Religion and the State in American Law

Over the Wall

Over the Wall

I Don't Have Enough Faith to Be an Atheist (Foreword by David Limbaugh)

I Don't Have Enough Faith to Be an Atheist (Foreword by David Limbaugh)

High Crimes and Misdemeanors

High Crimes and Misdemeanors

United States Reports V. 555

United States Reports V. 555

Crime and the Justice System in America

Crime and the Justice System in America

The NRA

The NRA

Relative Strangers

Relative Strangers

The Theory and Practice of Statutory Interpretation

The Theory and Practice of Statutory Interpretation

Cases and Materials on Criminal Justice Administration

Cases and Materials on Criminal Justice Administration

Measuring Judicial Activism

Measuring Judicial Activism

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