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Volume 106 - Issue 3

Tie Votes and the 2016 Supreme Court Vacancy

Professor Justin R. Pidot previews his forthcoming piece in Minnesota Law Review, “Tie Votes in the Supreme Court” by summarizing his findings and commenting on how the Justices may approach potential tie votes in Justice Scalia’s absence.

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Justice Scalia’s Innocence Tetralogy

Justice Scalia’s record as it relates to the rights of criminal defendants is as varied as it is wide-ranging. Professor Lee Kovarsky examines the Justice Scalia’s impact on one of those doctrines: “actual innocence.”

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Justice Scalia’s Jiggery-Pokery in Federal Arbitration Law

In authoring three decisions on the Federal Arbitration Act in his final years on the Court, Justice Scalia played a crucial role in shaping this area of the law. Although Justice Scalia’s interest in the field may have only developed late in his career, Professor David S. Schwartz notes that it will not soon be…

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Justice Scalia: Affirmative or Negative?

Justice Scalia’s experiences played a crucial role in shaping how Justice Scalia framed his arguments. Professor Stephen M. Griffin comments on the ways in which the Justice’s background may have influenced his constitutional theory and his writing style.

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Remembering Justice Antonin Scalia

Justice Scalia’s presence on the bench nearly matches his overall doctrinal contributions. Professor Alan B. Morrison comments on Justice Scalia’s minimal record upon appointment to the Supreme Court, the challenges he presented to lawyers at oral argument, his aversion to legislative history, and his tendency towards writing colorful dissenting opinions and predicting doom and gloom…

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Foreword: A Consequential Justice

When he visited the University of Minnesota in October 2015, Justice Scalia commented that Justice William Brennan was “the most influential Justice of the twentieth century.” Although their styles could not have been more different, Professor Robert A. Stein observes that both Justice Brennan and Justice Scalia will certainly be remembered as two of the…

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Introduction

Minnesota Law Review is pleased to present a collection of essays on Justice Antonin Scalia’s impact on the Supreme Court. These essays aim to present a wide look at Justice Scalia’s many contributions to the Court during his decades on the Bench. While Justice Scalia was one of the most polarizing figures on the Court…

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