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INTRODUCTION:
Justice
Antonin Scalia
The
University
of
Toledo Law Review Edition
34:3 is dedicated to Justice
Antonin Scalia. It was
my goal as the Symposium Editor to present a balanced view of
Justice Scalia’s style and influence.
This edition includes articles from well-known legal
authors, as well as several exceptional student works.
Our articles range from general observations about Justice
Scalia’s judicial philosophy and approach to cases, to his
influences in the specific areas of tax law, criminal law, and
property law. I am
grateful to all of the authors who contributed to this symposium
edition.
On
March 17B18,
2003, The University of Toledo College of Law was honored to have
Justice Antonin Scalia as our guest.
In addition to his public presentation, Justice Scalia
graciously held a question and answer teaching session for
students and faculty, and attended a private reception with Law
Review students. Justice
Scalia’s visit enabled us to gain a better understanding of his
straightforward, common-sense approach to the law and also his
infectious sense of humor.
Justice
Scalia remained with us after his visit, as professors focused on
his opinions in class, or posed questions such as, “What do you
think Justice Scalia would say?” Although many students and
professors in the law school may disagree with Justice Scalia’s
textualist view, his visit made a valuable contribution to
broadening our legal education.
Elizabeth R. West
2002-2003 Symposium Editor
THE UNIVERSITY OF TOLEDO LAW REVIEW
Volume 34
Number 3
Spring 2003
TABLE OF CONTENTS
JUSTICE
ANTONIN SCALIA SYMPOSIUM
ARTICLES
Not Mere Rhetoric: On Wasting or Claiming Your Legacy, Justice Scalia
Marie
A. Failinger...............................................................................
425
Justice Scalia's
Tax Jurisprudence
Stephen
T. Black and Katherine D. Black...........................................
509
Justice Scalia's
Influence on Criminal Justice
Christopher
E. Smith and Madhavi McCall.........................................
535
Scalia and the Institutional Approach to Law
Tony
Cole............................................................................................
559
COMMENTS
Justice Scalia's
Methodological Approach to Judicial Decision-Making:
Political
Actor or Strategic
Institutionalist?
Shawn
Burton......................................................................................
575
Breaking Scalia's
Silence: The Dissent
Justice Scalia Might Have
Written in Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional
Planning
Agency
Kristi
Kress Wilhelmy...........................................................................
611
NOTE
The
Case for a More Workable Standard in Death Penalty Jurisprudence:
Atkins
v. Virginia and
Categorical Exemptions under the Imprudent "Evolving
Standards of Decency"
Doctrine
Mark Alan Ozimek...........................................................................651
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