The Failed Promise of Originalism
Frank Cross
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Description for The Failed Promise of Originalism
Hardback. 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. Num Pages: 240 pages, Illustrations. BIC Classification: 1KBB; LAB; LND. Category: (G) General (US: Trade). Dimension: 5817 x 3887 x 20. Weight in Grams: 440.
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 ... Read more
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 ... Read more
Product Details
Format
Hardback
Publication date
2013
Publisher
Stanford University Press United States
Number of pages
240
Condition
New
Number of Pages
236
Place of Publication
Palo Alto, United States
ISBN
9780804783828
SKU
V9780804783828
Shipping Time
Usually ships in 7 to 11 working days
Ref
99-50
About Frank Cross
Frank B. Cross is the Herbert D. Kelleher Centennial Professor of Business Law at the University of Texas. He is the author of The Theory and Practice of Statutory Interpretation (Stanford, 2009) and Decision Making in the U.S. Courts of Appeals (Stanford, 2007), among other books.
Reviews for The Failed Promise of Originalism
"The Failed Promise of Originalism is more comprehensive than prior studies, and Cross presents his findings with admirable clarity and candor . . . The Failed Promise of Originalism largely succeeds in debunking the notion that originalism is comparatively more effective than its rivals at limited judicial discretion."
John W. Compton
Tulsa Law Review
"Frank Cross demonstrates ... Read more
John W. Compton
Tulsa Law Review
"Frank Cross demonstrates ... Read more