Justice Scalia and the Court, cont’d

  • Justice Kagan: “The fact of the matter is, you wake up in 100 years and most people are not going to know most of our names…. [T]hat is really not the case with Justice Scalia.” [David Lat, New York Daily News]
  • Nollan v. California Coastal Commission, his first landmark decision, was “turning point in the history of property rights” [Bill Fulton, Rice “Urban Edge]
  • Revive doctrine of enumerated powers? “Oh, Roger, we lost that battle a long time ago.” But then came Lopez… [Cato podcast with Roger Pilon, 3:50+]
  • Younger Scalia was quite positive about idea of an Article V constitutional convention, an idea he famously criticized later in life [Adam White, Weekly Standard; related here and here]
  • Jacob Sullum on Scalia and the Second Amendment (and more) and on the Drug War. More: Daniel Schwartz on the imprint he left on employment law even aside from Wal-Mart v. Dukes;
  • Blowup at Georgetown Law as profs Randy Barnett, Nicholas Quinn Rosenkranz flay colleague’s “startlingly callous and insulting” email to students on Justice’s death [Above the Law]
  • How Scalia changed originalism [Michael Ramsey in Liberty and Law symposium] In George Eliot’s phrase, his work on that issue was incalculably diffusive [Lawrence Solum]

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