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Article
When Scalia Wasn't Such An Originalist
Touro Law Review (2016)
  • Michael Lewyn
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
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/