
A Matter of Interpretation
Federal Courts and the Law
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Narrated by:
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Christopher Grove
About this listen
We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to US Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim - "[D]istinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal - good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative.
This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia's ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics.
Featuring a new foreword that discusses Scalia's impact, jurisprudence, and legacy, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time.
©1997, 2018 Princeton University Press (P)2020 TantorListeners also enjoyed...
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In July of 1987, Judge Robert H. Bork was nominated to the Supreme Court by Ronald Reagan, but by late October that year, his confirmation was denied. In this candid account of his experiences, Bork describes the Senate Judiciary Committee's hearing from his point of view. He also expounds on his view of politics versus the law, which he was able to see in action during this period. A warning against the politicization of American law, The Tempting of America is a fascinating, insider's perspective about the nominating process and its impact on the Supreme Court.
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Clarity of thought
- By InHisName on 05-10-24
By: Robert H. Bork
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The Federalist Papers
- By: Alexander Hamilton, James Madison, John Jay
- Narrated by: Arthur Morey
- Length: 19 hrs and 51 mins
- Unabridged
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Originally published anonymously, The Federalist Papers first appeared in 1787 as a series of letters to New York newspapers exhorting voters to ratify the proposed Constitution of the United States. Still hotly debated and open to often controversial interpretations, the arguments first presented here by three of America's greatest patriots and political theorists were created during a critical moment in our nation's history.
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Changes key words and concepts from the original
- By Some guy on 08-14-20
By: Alexander Hamilton, and others
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Making Our Democracy Work
- A Judge’s View
- By: Justice Stephen Breyer
- Narrated by: Luis Moreno
- Length: 10 hrs and 17 mins
- Unabridged
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Supreme Court Justice Stephen Breyer delivers an impassioned argument for the proper role of America’s highest judicial body. Examining historic and contemporary decisions by the Court, Breyer highlights the rulings that have bolstered public confidence as well as the missteps that have triggered distrust. What emerges is a unique approach - certain to be admired for years to come - to interpreting the Constitution.
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Timely
- By Don on 05-17-17
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A Republic, If You Can Keep It
- By: Neil Gorsuch
- Narrated by: Neil Gorsuch
- Length: 11 hrs and 52 mins
- Unabridged
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Justice Gorsuch draws on his 30-year career as a lawyer, teacher, judge, and justice to explore essential aspects our Constitution, its separation of powers, and the liberties it is designed to protect. He discusses the role of the judge in our constitutional order, and why he believes that originalism and textualism are the surest guides to interpreting our nation’s founding documents and protecting our freedoms. He explains, too, the importance of affordable access to the courts in realizing the promise of equal justice under law.
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In present political climate crucially important!
- By Amazon Customer on 09-18-19
By: Neil Gorsuch
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Law and Leviathan
- Redeeming the Administrative State
- By: Cass R. Sunstein, Adrian Vermeule
- Narrated by: Mike Chamberlain
- Length: 4 hrs and 57 mins
- Unabridged
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Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime.
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This Might Not Be For Me, But Here's What I Think
- By Nathaniel Polley on 04-06-22
By: Cass R. Sunstein, and others
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Active Liberty
- Interpreting Our Democratic Constitution
- By: Stephen Breyer
- Narrated by: Stephen Breyer
- Length: 3 hrs and 35 mins
- Unabridged
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First published in September 2005 and based on a series of lectures delivered at Harvard, Active Liberty is a tight, extremely readable, almost memoir-like guide to interpreting the Constitution. Written by a justice of the Supreme Court, it focuses on a pragmatic approach to this great document that may become crucial as the Supreme Court faces deeply divisive decisions.
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Engaging, If Somewhat Dense
- By Maki on 09-04-07
By: Stephen Breyer
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Over Ruled
- The Human Toll of Too Much Law
- By: Neil Gorsuch, Janie Nitze
- Narrated by: Neil Gorsuch, Charles Constant
- Length: 7 hrs and 28 mins
- Unabridged
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Over just the last few decades, laws in this nation have exploded in number; they are increasingly complex; and the punishments they carry are increasingly severe. Some of these laws come from our elected representatives, but many now come from agency officials largely insulated from democratic accountability. In Over Ruled, Neil Gorsuch and Janie Nitze explore these developments and the human toll so much law can carry for ordinary Americans.
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Hypocritical and one sided review of the state of the law.
- By AP on 08-10-24
By: Neil Gorsuch, and others
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Worse than Nothing
- The Dangerous Fallacy of Originalism
- By: Erwin Chemerinsky
- Narrated by: Daniel Henning
- Length: 7 hrs and 9 mins
- Unabridged
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Originalism, the view that the meaning of a constitutional provision is fixed when it is adopted, was once the fringe theory of a few extremely conservative legal scholars but is now a well-accepted mode of constitutional interpretation. Noted legal scholar Erwin Chemerinsky gives a comprehensive analysis of the problems that make originalism unworkable as a method of constitutional interpretation. He argues that the framers themselves never intended constitutional interpretation to be inflexible and shows how it is often impossible to know the "original intent" of any provision.
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Impeccably Logical, Backed by 100 Specific Example
- By Amy Eaton on 03-17-23
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Supreme Power
- Franklin Roosevelt vs. the Supreme Court
- By: Jeff Shesol
- Narrated by: Mel Foster
- Length: 23 hrs and 53 mins
- Unabridged
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Beginning in 1935, in a series of devastating decisions, the Supreme Court's conservative majority left much of Franklin Roosevelt's agenda in ruins. The pillars of the New Deal fell in short succession. It was not just the New Deal but democracy itself that stood on trial. In February 1937, Roosevelt struck back with an audacious plan to expand the Court to fifteen justices - and to "pack" the new seats with liberals who shared his belief in a "living" Constitution.
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Excellent Book and Naration
- By Nostromo on 07-04-10
By: Jeff Shesol
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U.S. Constitution for Dummies
- 2nd Edition
- By: Dr. Michael Arnheim
- Narrated by: Dr. Michael Arnheim
- Length: 18 hrs and 40 mins
- Unabridged
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Want to make sense of the US Constitution? This new edition walks you through this revered document, explaining how the articles and amendments came to be and how they have guided legislators, judges, and presidents - and sparked ongoing debates along the way. You'll get the lowdown on all the big issues - from separation of church and state to impeachment to civil rights - that continue to affect Americans' daily lives. Plus, you'll find out about the different approaches to interpretation and how the document has changed over the past 200+ years.
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Much better than I anticipated.
- By JoEllen LeVitre on 08-30-20
What listeners say about A Matter of Interpretation
Average customer ratingsReviews - Please select the tabs below to change the source of reviews.
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- Tbaley
- 01-28-23
In Depth
This book was of a more scholarly nature then all of the hundreds of recordings I have listened to in the past. That is not to complain, but to warn the prospective listeners it requires much more effort to listen.
Its content is not only an erudite topic for one of our most well know justices, but also quite germane in today’s politically-charged atmosphere surrounding the debate of Constitutional originalist interpretation (where Scalia was entrenched) and the non-originalists, so-called “living” proponents.
The author did a remarkable job of gathering sufficient remarks (essays) of contrast to Scalia’s body of work, although I felt it tilted the scales to the liberal side too much.
One other thing it took me a moment to understand is the author’s use of Democratic vs democratic. The first time he referred to Scalia as a democratic judge, it took me a moment to realize he was using the lowercase “d”!
I will be reading it again to listen to all the arguments and their details.
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- Kelly Ranger
- 01-25-21
Edifying Layout of Prevailing Interpretive Theory
As a simple voting citizen this book helped me to see a, little more clearly, the conflicts in governmental philosophy as implemented through judicial action.
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- Danilo Josue Cardona
- 07-13-24
Deeper and denser but understandable
The subject matter of the book was deeper and denser than my capabilities but that’s not on the book, the author or the commentators but on my own ignorance. Still I was able to come out with a better understanding of the philosophy and views on the US constitution and its interpretation.
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- Michael Panah
- 06-08-22
Waste
Do not waste your time. Argument on the left is pathetic. One argues that Scalia should read the constitution to the end!!
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