Article
When Scalia Wasn't Such An Originalist
Touro Law Review
(2016)
Abstract
Although Justice Scalia generally described himself as an originalist, his opinion in Lucas v. South Carolina Coastal Council rejected originalist arguments. Why? This article suggests that pre-Lucas precedent and the ambiguity of the historical record might justify his methodology.
Keywords
- originalism,
- scalia,
- takings
Disciplines
Publication Date
2016
Citation Information
Michael Lewyn. "When Scalia Wasn't Such An Originalist" Touro Law Review Vol. 32 Iss. 4 (2016) p. 747 - 751 Available at: http://works.bepress.com/lewyn/114/