Confirmatory Legislative History

Brudney, James J.
March 2011
Brooklyn Law Review;Spring2011, Vol. 76 Issue 3, p901
Academic Journal
An essay which criticizes U.S. Supreme Court Associate Justice Antonin Scalia's hostility towards the use of confirmatory legislative history and evidence in deciding statutory and constitutional cases. It presents a brief review on the use of confirmatory legislative history while identifying Scalia's objections. It explains how judges continue to rely on such history based on the insufficiency of a textualist approach to the interpretation of statutory provisions.


Related Articles

  • Text or Consequences? Schacter, Jane S. // Brooklyn Law Review;Spring2011, Vol. 76 Issue 3, p1007 

    An essay on the gap between theoretical textualism and applied textualism in statutory interpretation is presented. It uses the interpretation of federal statutory law as a frame of reference and textualism as advocated by U.S. Supreme Court Associate Justice Antonin Scalia. It cites several...

  • Fierce media critic Scalia to go on TV to plug book. Sherman, Mark // Buffalo Law Journal;4/14/2008, Vol. 80 Issue 30, p22 

    The article reports on the criticism of the media regarding the appearance of Hon. Antonin Scalia on CBS' "60 Minutes" newsmagazine program, before the publication of his book on legal writing and advocacy in the U.S. According to Supreme Court spokeswoman Kathy Arberg, the court has interviewed...

  • High court's colorful man in black. Marquand, Robert // Christian Science Monitor;3/3/98, Vol. 90 Issue 66, p1 

    Profiles United States Supreme Court Justice Antonin Scalia. His conservative bent; How long he has been on the court; How he has managed to stay in the public eye, even when the court is not; His combative style and hard-edged legal theories; His originalist and textualist approach to...

  • Judge rejects church view on death penalty. Martin, Michelle // National Catholic Reporter;2/8/2002, Vol. 38 Issue 14, p8 

    Focuses on the disagreement of the U.S. Supreme Court justice Antonin Scalia with the church's view on death penalty. Scalia's views on moral aspects of death penalty; Verification of evidence before execution of criminals.

  • A Scalia or Ginsburg Court?: Voters Hold the Key. Bresler, Robert J. // USA Today Magazine;Sep2000, Vol. 129 Issue 2664, p13 

    Speculates over the constituency of the United States Supreme Court after the presidential elections in 2000. Division among Justices of the Supreme Court; Justices who may retire in the next administration; Implication of a George W. Bush victory; Nominees of Bush for the Supreme Court;...

  • Thomas leads Court's lean to the right. Marquand, Robert // Christian Science Monitor;6/26/95, Vol. 87 Issue 147, p1 

    Assesses the significance of the emergence of the conservative axis in the Supreme Court due to Justice Antonin Scalia and Clarence Thomas. Focus on Clarence's opinion on race, affirmative action and limiting fundamental powers of the federal government; Comparison between the two.

  • Scalia says laws permit public expression of religion.  // National Catholic Reporter;1/24/2003, Vol. 39 Issue 12, p7 

    Relates the speech made by Supreme Court Justice Antonin Scalia defending Virginia and U.S. laws which permit the expression of religion in public places.

  • JUSTICE & ANTONIN SCALIA. Vitullo-Martin, Julia // Commonweal;3/28/2003, Vol. 130 Issue 6, p11 

    Profiles U.S. Supreme Court Justice Antonin Scalia. Career and academic background of Scalia; Various facets of Scalia as a person; Views of Scalia on death penalty and abortion; Negative attributes of Scalia; Role played by Scalia in the Bush versus Gore case in 2000.

  • One angry man. Kunen, James S.; Novak, Viveca // Time;7/8/1996, Vol. 148 Issue 3, p48 

    Profiles United States Supreme Court Justice Antonin Scalia, focusing on his siege mentality. His opposition to judges as legislator-like arbiters; Opposing to Court's ruling on Virginia Military Institute in 1996, relating to single-sex education; His view that judges must always interpret the...


Read the Article


Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics