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  • Justifying Liberty0

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  • ​Justifying Liberty0

    With independence from Great Britain finally secured through the ratification of the Treaty of Paris in 1783, domestic concerns once again became more prominent. Many Virginians were appalled by what was generally perceived to be a lack of civic virtue among their citizens. There was a widespread consensus that this problem was caused by the

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  • Justice Kennedy's "Notorious Mystery Passage"0

    Though U.S. Supreme Court briefs are rarely noted for prosody or style (who confuses Macbeth with McCollum or Lycidas with Lemon?), occasionally a phrase or section achieves popular renown. The most recent example is U.S. Supreme Court Justice Anthony Kennedy's immortalized words in Casey: "At the heart of liberty is the right to define one's

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  • Justice and the Law0

    He was pugnacious. He was opinionated. He was humorous, but dangerous when provoked. And he had become an institution in himself. I’m talking, of course, of the late Supreme Court justice Antonin Scalia, who died last month at 79— at the time the longest serving member of the current court, being appointed justice in 1986.

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  • Justice & Religion0

    On April 9, 2010, Supreme Court Justice John Paul Stevens tendered his resignation letter to the president.1 Within hours, considerable commentary and conjecture deluged the Internet. Legal pundits and law professors agreed that the 90-year-old justice was in some respects irreplaceable. His closely reasoned opinions have helped fashion the very warp and woof of our

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  • Judicial Inconsistency0

    Professor Gottlieb, of Albany Law School, argues that inconsistency shows a lack of principle and that "a dose of principle would very significantly improve the moral quality of the Rehnquist Court." The thrust of his argument is not to quibble with the decisions of this Court but to fault the justices for an inconsistent assumption

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