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High court justices debate foreign rulings [Scalia v Breyer]
Washington Times ^ | Jan 14 2004

Posted on 01/14/2005 10:59:40 AM PST by george wythe

Two U.S. Supreme Court justices debated whether foreign court rulings should influence their decisions, USA Today reported Friday.

Antonin Scalia, appointed by President Reagan, and Stephen Breyer, appointed by President Clinton, debated the issue Thursday at Washington's American University.

"We don't have the same moral and legal framework as the rest of the world, and we never have," said Scalia, who opposes looking to foreign rulings to decide U.S. cases.

To which Breyer responded: "You can learn something" from foreign countries, adding that it is a matter of "opening your eyes to things that are going on elsewhere."

(Excerpt) Read more at washingtontimes.com ...


TOPICS: Constitution/Conservatism; Extended News
KEYWORDS: breyer; eib; limbaugh; nwo; perversion; rush; scalia; scotus; transjudicialism

1 posted on 01/14/2005 10:59:40 AM PST by george wythe
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c-span has complete video available
2 posted on 01/14/2005 11:00:41 AM PST by george wythe
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Highlights:
Challenging his American University law school audience, Scalia asked, “Do you think you’re representative of American society? Do you not realize you are a small cream at the top and that your views on innumerable things are not the views of America at large? Doesn’t it seem somewhat arrogant for you to say, ‘I can make up what the moral values of America should be on all sorts of issues, penology, the death penalty, abortion, whatever’?”

Quoting a phrase from a 1958 decision by Chief Justice Earl Warren — “the evolving standards of decency that mark the progress of a maturing society” — and noting that “I detest that phrase,” Scalia said some of his colleagues on the court employ “evolving standards of decency” to justify unilaterally imposing changes in death penalty laws, overriding the will of democratically elected state legislatures.

[snip]

“Do we just use foreign law selectively? When it agrees with what the judges would like the cases to say, we use the foreign law and when it doesn’t, we don’t use it?” Scalia asked.

Although not mentioning Justice Kennedy by name, Scalia said that Kennedy’s decision in Lawrence vs. Texas arbitrarily used foreign precedents: “not all foreign law, just the foreign law that agreed with the disposition of the case.”


3 posted on 01/14/2005 11:04:46 AM PST by george wythe
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To: george wythe

I heard the replay of Breyer's comments on Bennett this morning. It made my skin crawl. He specifically argued that the Constitution is fluid; that "law" has been, is, and should be made by a great and messy "conversation between judges, law school professors and lawyers." Not caselaw, not interpretive law-- "LAW"-- about our most basic societal moral judgments. And foreign law is part of that "conversation."

Think about that. And think about the arrogance behind that view.

Don't mistake the message, folks-- Liberals want nothing less than to change our fundamental form of government. They want to subvert the FF's model from one in which the people make law through their elected officials, to a partenalistic regime of non-responsive elites.

If that's not un-American, what is?


4 posted on 01/14/2005 11:14:58 AM PST by mikeus_maximus
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To: mikeus_maximus
He specifically argued that the Constitution is fluid; that "law" has been, is, and should be made by a great and messy "conversation between judges, law school professors and lawyers."

A lady asked a good question that sent Breyer on the defensive. She said: [paraphrasing]

When our soldiers and our President swear allegiance to the US Constitution, how can they know to what they are swearing allegiance, since you keep changing the Constitution with your rulings?

5 posted on 01/14/2005 11:19:04 AM PST by george wythe
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To: george wythe

What a great question and gets to the heart of the matter.


6 posted on 01/14/2005 11:22:42 AM PST by caisson71
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To: george wythe

Kennedy's opinion in Lawrence v. Texas says:

"Of even more importance, almost five years before Bowers was decided the European Court of Human Rights considered a case with parallels to Bowers and to today's case. An adult male resident in Northern Ireland alleged he was a practicing homosexual who desired to engage in consensual homosexual conduct. The laws of Northern Ireland forbade him that right. He alleged that he had been questioned, his home had been searched, and he feared criminal prosecution. The court held that the laws proscribing the conduct were invalid under the European Convention on Human Rights. Dudgeon v. United Kingdom, 45 Eur. Ct. H.R. (1981) & ¶ 52. Authoritative in all countries that are members of the Council of Europe (21 nations then, 45 nations now), the decision is at odds with the premise in Bowers that the claim put forward was insubstantial in our Western civilization."

Then he says:

"To the extent Bowers relied on values we share with a wider civilization, it should be noted that the reasoning and holding in Bowers have been rejected elsewhere. The European Court of Human Rights has followed not Bowers but its own decision in Dudgeon v. United Kingdom. See P.G. & J.H. v. United Kingdom, App. No. 00044787/98, & ¶ 56 (Eur.Ct.H. R., Sept. 25, 2001); Modinos v. Cyprus, 259 Eur. Ct. H.R. (1993); Norris v. Ireland, 142 Eur. Ct. H.R. (1988). Other nations, too, have taken action consistent with an affirmation of the protected right of homosexual adults to engage in intimate, consensual conduct. See Brief for Mary *577 Robinson et al. as Amici Curiae 11-12. The right the petitioners seek in this case has been accepted as an integral part of human freedom in many other countries. There has been no showing that in this country the governmental interest in circumscribing personal choice is somehow more legitimate or urgent."

Scalia absolutely trashed this reasoning in his talk. The obvious point is that the Europeans pass their own laws. They don't pass our laws. We pass our laws.

The fact that the Court had to rely on EU decisions to make its point illustrates the fact that the law was not on its side.


7 posted on 01/14/2005 11:26:59 AM PST by Brilliant
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To: caisson71
Our Founding Fathers left Europe to escape this form of tyranny, and now these liberal judges are bringing the same depravity to America.
8 posted on 01/14/2005 11:29:04 AM PST by GarySpFc (Sneakypete, De Oppresso Liber)
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To: george wythe
Since no lower court (or the USSC's own prior decisions) or foreign judicial decisions are binding, who cares what they say about them? They don't "rely" on any of them since it doesn't matter what those decisions say.

The majority and the minority for any particular decision decides what they want to do, then create arguments to support them in order to make their decisions sound compelling, when in actuality they make it up as they go along.
9 posted on 01/14/2005 11:31:29 AM PST by BikerNYC
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To: BikerNYC
The majority and the minority for any particular decision decides what they want to do, then create arguments to support them in order to make their decisions sound compelling, when in actuality they make it up as they go along.

Excellent summary of our current judicial environment.

If you watch the debate, you will probably come to that conclusion, even if you had no previous knowledge about American jurisprudence.

The US Constitution is just a document to be misquoted and misused.

10 posted on 01/14/2005 11:40:47 AM PST by george wythe
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To: george wythe

i wonder why, if europes rulings are ok why no sharia rulings in the middle east. i mean how do they pick and choose what ruling they want to follow?


11 posted on 01/14/2005 11:41:20 AM PST by rottweiller_inc
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To: Brilliant
Scalia absolutely trashed this reasoning in his talk. The obvious point is that the Europeans pass their own laws.

Scalia also explained that the uber-European-court decided the sodomy issue in Europe; it was not a law passed democratically or a consensus decision by most national high courts.

In other words, judges from a few countries decided the issue for the whole European continent, overriding most national high courts and national parliaments.

12 posted on 01/14/2005 11:45:16 AM PST by george wythe
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To: mikeus_maximus

Another reason why we dont give in to homosexuals desire to have marriage. This is the slippery slope whos to say that beastiality, pedophilia or murder is wrong in the future. Without the constitution as a guiding and unchanging document for the basis of our laws and societal structure then EVERYTHING is open to change. Dont believe it then? Who would of guessed a hundred years ago that the murder of a 9mos baby inside the the mothers womb or homosexual right to be married would become law.


13 posted on 01/14/2005 11:47:16 AM PST by sasafras (sasafras (The road to hell is paved with good intentions))
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To: GarySpFc
Our Founding Fathers left Europe to escape this form of tyranny, and now these liberal judges are bringing the same depravity to America.

Not to argue with your assertion as to the effect of federal judges on America now, but weren't most of the Founding Fathers born on American soil?

14 posted on 01/14/2005 11:50:00 AM PST by drungus
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To: george wythe

You could go on for days about why we should not be relying on foreign law in our cases. The best arguments were made by Scalia, and they are devastating. However, there are some others as well, which are not so devastating, but are nevertheless pretty convincing. One, for example, is this: What the heck does Justice Kennedy know about the law in France or Germany? He's not a French or German lawyer, and he's committing malpractice by pretending that he knows what their laws say.


15 posted on 01/14/2005 11:50:31 AM PST by Brilliant
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To: george wythe
I saw this in USAToday this morning. Once again, pictures tell a lot. Scalia looked like an ogre, and Breyer's photo made him look like a model for an ancient Roman statue.

Just sickening.

16 posted on 01/14/2005 11:53:35 AM PST by technochick99 (Self defense is a BASIC human right.)
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To: george wythe

GO SCALIA GO SCALIA. Breyer you should be publicly flogged


17 posted on 01/14/2005 11:56:06 AM PST by brooklyn dave
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Justice Antonin Scalia makes a point during his joint appearance with fellow Justice Stephen Bryer on Thursday in Washington.

18 posted on 01/14/2005 11:56:31 AM PST by george wythe
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To: george wythe
Thanks for the C-Span video link. I haven't viewed it yet, but I did hear snippets of the debate on Rush's show on my car radio.

The very case that Breyer used to support his view was rescinded later by that same court! Invalid from start to finish. He has to go.

19 posted on 01/14/2005 12:16:49 PM PST by Carolinamom
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To: george wythe

Great question. What was Breyer's answer?


20 posted on 01/14/2005 12:22:36 PM PST by Tribune7
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To: mikeus_maximus

But Breyer ha stold Law school students that there is NO way
anyone can tell what the Constitution means.(Unless one is
on the supreme Court.) 2001 "Those more literal judges who
emphasize language,history, tradition and precedent cannot
justify their practices by claiming it is what the framers
wanted." NY University School of Law Stephen J.Breyer AP story 23 Oct.2001


21 posted on 01/14/2005 12:29:21 PM PST by StonyBurk
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To: GarySpFc

Our Founding Fathers believed the Judiciary was the
weakest branch of government -- and unless they had Congress
and /or the Executive to back their brand of despotic rule
the people would have nothing to fear. Sadly we have allowed or chosen as our elected representative people who wil NOT stand up to the freaking drag queens of the Judiciary.


22 posted on 01/14/2005 12:33:31 PM PST by StonyBurk
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To: george wythe

No he was telling the turks that he is gay. Turkish law based on custom.


23 posted on 01/14/2005 1:21:54 PM PST by Domangart
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To: george wythe
I fail to see why we should give a good sh!tt what the rest of the world considers as their own law or why it is applicable to us. That's their business, not ours.

Judges are supposed to make judgments based on our laws guided by our Constitution, not those of alien and foreign powers. That is their charter. They are supposed to work for us, not them.

If they can't do that at a bare minimum, they should be impeached and removed from office in disgrace - not feted on chin-wagging TV forums as if they are worth listening to.

24 posted on 01/14/2005 2:21:46 PM PST by Gritty ("Congress has not unlimited powers for general welfare, only those specifically enumerated-Jefferson)
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To: rottweiller_inc
I wonder why, if europes rulings are ok why no sharia rulings in the middle east. i mean how do they pick and choose what ruling they want to follow?

I was going to post the same thing. If euro law is somehow valid why is it more valid that tribal law in the Congo? Any supreme who sights foreign law in reaching a decision on the constitutionality of US law should be immediately impeached for acting outside the scope of their authority.

25 posted on 01/14/2005 3:09:02 PM PST by usurper (Correct spelling is overrated)
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To: usurper

i completely agree


26 posted on 01/14/2005 3:14:51 PM PST by rottweiller_inc
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To: mikeus_maximus
“Do we just use foreign law selectively? When it agrees with what the judges would like the cases to say, we use the foreign law and when it doesn’t, we don’t use it?” Scalia asked.

He nailed it. Cross-culturalism. Political correctness. Ecumenism. Etc. It's always very selective, just so long as 'the other', however abused, taken out of context, might promote the agenda of those hateful libs who confess cross-culturalism, political correctness, ecumenism, etc. It's never the reasonable view, the full view, the compassionate view, the genuine and balanced truth of those used in such comparison. It's always a selected case here, a host of ignored examples there, and so on. To present the complete picture would only be to show that such is NOT the example, generally, that those on the far trailing edge of Christendom would condone. And PC would fail.

He absolutely gets it.

27 posted on 01/14/2005 5:19:34 PM PST by sevry
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To: george wythe

SPOTREP - LAW - Worldview


28 posted on 01/14/2005 9:37:46 PM PST by LiteKeeper (Secularization of America is happening)
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To: JennieOsborne; /\XABN584; 3D-JOY; 5Madman; <1/1,000,000th%; 11B3; 1Peter2:16; ...
PASSING IT ON>.. A RARE APPEARANCE BY JUSTICE SCALIA...

Dont know how long c-span will host the video.. but here it is... Click here for.REAL PLAYER STREAM...

Justices Scalia & Breyer Discussion on Foreign Courts' Impact Supreme Court Justices Antonin Scalia and Stephen Breyer discuss "Whether Foreign Court Decisions Should Impact American Constitution Law."

The event is co-sponsored by American University Washington College of Law and the U.S. Association of Constitutional Law. The moderator is Professor Norman Dorsen of the NYU School of Law, the founding president of the U.S. Association of Constitutional Law. 1/13/2005: WASHINGTON, DC: 1 hr. 40 min.: C-SPAN

29 posted on 01/15/2005 7:54:56 PM PST by davidosborne (www.davidosborne.net)
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To: george wythe
"You can learn something" from foreign countries,

The whole point is the Founding Fathers DID learn something from the foreign countries they came from, and wrote a Constitution for Americans that was better than anything European.

Now we have elitist justices telling us that we should return to the European Socialist rule of law.

If anything the Socialist Europeans could learn a lot from the American Constitutional system.

30 posted on 01/15/2005 9:47:22 PM PST by Noachian (A Democrat, by definition, is a Socialist.)
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To: davidosborne

Thanks for the ping!


31 posted on 01/15/2005 10:08:03 PM PST by Alamo-Girl
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To: george wythe
"You can learn something" from foreign countries, adding that it is a matter of "opening your eyes to things that are going on elsewhere."

That statement is grounds for Impeachment and removal from the bench.

32 posted on 01/15/2005 10:10:20 PM PST by KoRn
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To: Brilliant
Other nations, too, have taken action consistent with an affirmation of the protected right of homosexual adults to engage in intimate, consensual conduct.

This reprobate judge puts cornholing on-par with decent, intimate relations between a man and wife just because "other nations do." Yeah. Like France. Sick.

33 posted on 01/15/2005 11:43:28 PM PST by ppaul
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To: davidosborne

BTTT!!!!!


34 posted on 01/16/2005 3:03:29 AM PST by E.G.C.
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To: StonyBurk

It's ironic isn't it? The "elites" are quick to point out that the Great Unwashed are in no position to interpret the constituion and bill of rights, precisely BECAUSE any damn fool knows in reality that they were written in plain English - this will never do, they reserve for themselves to tell us what they "really" meant. "The Federalist" is a good start, along with Jefferson's copious correspondence, etc. The shabby little secret that's never stated - modern "liberals" aren't, most, if not all, Democrats aren't democratic.

Undermining a representative democracy - a Republic - takes time and they are doing a bang up job of it. Incrementalism, activism and a sophist judiciary; a dumbed down populace is a big part of the program.


35 posted on 01/16/2005 3:41:49 AM PST by Freedom4US
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To: george wythe

Billdo Dillbo's hideous attacks on our nation and way of life continue past his . . . . Oval Office blow outs.


36 posted on 01/16/2005 4:32:51 AM PST by Quix (HAVING A FORM of GODLINESS but DENYING IT'S POWER. 2 TIM 3:5)
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To: george wythe
A Krytocracy is a government ruled by judges.

Justice Breyer's arguments indicate the that he views the courts as a Krytocracy. It has become a way for those who cannot rule under the constitution of a representative democracy, where the will of the people in their various representative assemblies is the source of law, to exercise political, social, and economic power.

The constitution calls for the lifetime appointment of Supreme Court judges in order to prevent them from being subject to political influenced WITH THE UNDERSTANDING that they INTERPERT THE LAW not make it. What Breyer and his ilk fail to realize is that as they continue down this path the people are not helpless and that as they become more arrogant of their political power the people still have the means of asserting their will. Do not be surprised if a justice is impeached for this reason before the end of the decade.
37 posted on 01/16/2005 4:59:24 AM PST by RedEyeJack
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To: Freedom4US

companion to the Federalist Papers-I must include Debate on the Constitution,Bernard Bailyn,editor; A Familiar Exposition of the Constitution of the United States,by Joseph Story(Regnery 1997 from the 1859 original);and
David Bartons'Original Intent.(not to leave out Jeffersons'
Writings, Merrill D.Peterson,editor) the more I learn about
the Constitution and the men who wrote and ratified it --the more convincingproof I see that the Left,post FDR do not represent that same system nor fundamental truths that
were established 1730-1805 and maintained until we allowed the Soviet Communists and the Ku Klux Klan build their damned destructive Wall of Separation.


38 posted on 01/16/2005 5:23:27 AM PST by StonyBurk
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To: StonyBurk

BTTT


39 posted on 01/16/2005 5:38:32 AM PST by I got the rope
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To: george wythe

I know that this is probably going to get me flamed but the 6 Supreme Court justices that made the Lawrence vs. Texas decision citing European Law, not the historical type i.e. Magna Carta etc., are subject to impeachment, though I know it wont happen because Republicans in Congress seem to go through a spine removal process before they are allowed to take their first vote. What part of their oath of Office do the Supreme Court justices not understand. When they sited European Law for that decision they violated their oath of office and are therefore subject to removal.

Ravenstar


40 posted on 01/16/2005 8:36:45 AM PST by Ravenstar (Reinstitute the Constitution as the Ultimate Law of the Land)
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To: george wythe
"You can learn something" from foreign countries, adding that it is a matter of "opening your eyes to things that are going on elsewhere."

Outrageous, and grounds for impeachment and removal. If we learn something from others--which is probably true--then let the legislators pass the laws with the consent of the governed. Impeachment. Now.

41 posted on 01/16/2005 9:08:02 AM PST by jammer
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To: Ravenstar

You are correct. I didn't read yours before I went off, angrily, and wrote the reply immediately after yours. It's time to get started.


42 posted on 01/16/2005 9:09:17 AM PST by jammer
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To: davidosborne
The title of this thread should be "Scalia bitch slaps Breyer."
43 posted on 01/16/2005 11:12:00 AM PST by I got the rope
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To: little jeremiah

Not sure who is running the ping list, but this is an important one. Look at davidosbournes realplayer stream from cspan.

The Lawrence case is mentioned by Scalia.

Bookingmarking this thread. Someone should save this debate somehow for future reference.


44 posted on 01/16/2005 12:10:53 PM PST by I got the rope
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To: george wythe

I particular like this liberal professor from the American Universiy Washington College of Law. Scalia skewered him.

Check out his work. LOL.

Schwartz, Herman
Books Authored
The Struggle for Constitutional Justice in Post-Communist Europe. Chicago: University of Chicago Press, 1999.

Packing the Courts: The Conservative Campaign to Rewrite the Constitution. New York: Scribner, 1988.

Reports, Scholarly Papers, and Small Monographs Report on Prison Conditions in USSR. Helsinki Watch, December 1991.

Reports on Prison Conditions in Czechoslovakia, Poland, Turkey, and Brazil. New York: Human Rights Watch, 1989-91.

Works Edited
The Burger Years: Rights and Wrongs In the Supreme Court 1969-1986. New York: Viking, 1987.

Chapters and Other Contributions to Collective Works
"A Brief History of Judicial Review," and "Surprising Success: The New East European Constitutional Courts," in A. Schedler, L. Diamond and M. Plattner, eds., The Self-Restraining State. Lynne Rienner, 1999.

"Access to the Courts," in Essays in Honor of Justice William J. Brennan (forthcoming, 1996).

"Federalism: Importance of the National Government," in ABA Update--Law-Related Education: Federalism--What Is It, Where Might It Take Us. American Bar Association, 1995.

"Constitutional Reform in Czechoslovakia: E Duobus Unum?" 58 University of Chicago Law Review 511 (with Lloyd Cutler) 1991.

"Electronic Surveillance," "National Security and the Fourth Amendment," and "Wiretapping," in L. Levy, K. Karst & D. Mahoney, Encyclopedia of the American Constitution. New York: Macmillan, 1986.

"Affirmative Action," in L. Dunbar (ed.), Minority Report: What Has Happened to Blacks, Hispanics, American Indians and Other Minorities in the Eighties. New York: Pantheon, 1984, reprinted in ___ Dissent ___ (1984), revised in 14 Israel Yearbook on Human Rights 120 (1984), and in G. Ezorsky (ed.), Moral Rights in the Workplace. Albany: SUNY Press, 1987.

"Problems in Parole," in M. Hermann (ed.), Prisoners' Rights Sourcebook. New York: Clark Boardman Company, 1973.

Articles and Other Contributions to Periodicals "Same Old States' Rights Song," The Nation (October 14, 1996).

"Try Them in Absentia," Washington Post (Aug. 27, 1996), reprinted International Herald Tribune (Aug. 29, 1996) (with L. Cutler).

"The Constitutional Issue Behind Proposition 187," Los Angeles Times (October 9, 1994), revised and reprinted in "At Issue," ABA Journal (March 1995).

"Do Economic and Social Rights Belong In a Constitution?" 10 American University Journal of International Law and Policy 1233 (Summer 1995).

"Judgment Days," The Nation (October 23, 1995).

"States' Rights Gospel is an Unholy Notion," Newsday (June 21, 1995).

"The Czech Constitutional Court Decision on the Illegitimacy of the Communist Regime," 1 Parker School Journal of East European Law 392 (1994).

"Lustration in Eastern Europe," 1 Parker School Journal of East European Law 141 (1994).

"Rising Neo-Communists Are A New Breed," Newsday (July 5, 1994).

Analysis of Russian Constitution for ABA-CEELI, December 1993, excerpted and reprinted in Russian and Post-Soviet Economic Report (January, 1994).

"The Court's Right is Still Mighty," Legal Times (July 26, 1993).

"Economic and Social Rights," 8 American University Journal of International Law and Policy 51 (1993).

"Judicial Activism in Russia, of All Places," Legal Times (July 26, 1993).

"The New Courts: An Overview," East European Constitutional Review (Spring 1993).

"The Supreme Court Stays Hard Right," The Nation (October 25, 1993).

"Economic and Social Rights in a Constitution," East European Constitutional Review (Fall 1992).

"The New East European Constitutional Courts," 13 Michigan Journal of International Law 741 (Summer 1992).

"Constitutional Developments in Czechoslovakia," 58 University of Chicago Law Review 511 (June 1991) (with L. N. Cutler).

"Constitutional Developments in Eastern Europe," Journal of International Affairs (June 1991); reprinted in abridged form in TransAtlantic Perspectives (German Marshall Fund, Summer 1991).

"At Issue: A New Banner for States' Rights," 73 American Bar Association Journal 43 (July 1, 1987).

"Federalism - Then and Now," 7 California Lawyer 52 (August 1987).

"The Frantic Reflagging of Bork," 245 The Nation 253 (September 19, 1987).

"New Judicial Activists," 244 The Nation 361 (March 21, 1987).

"The 1986 and 1987 Affirmative Action Cases: It's All Over but the Shouting," 86 Michigan Law Review 524 (1987).

"Property Rights and the Constitution: Will the Ugly Duckling Become a Swan?" 37 American University Law Review 9 (1987).

"Rehnquist's America," 243 The Nation 100 (August 16/23, 1987).

"Rolling Back the Constitution," 245 The Nation 13 (July 4/11, 1987).

"Chief Rehnquist?" 243 The Nation 236 (September 20, 1986).

"Justice Lewis F. Powell: A Pragmatic Independent," 72 American Bar Association Journal 42 (June 15, 1986).

"Mr. Meese and the Constitution," 6 California Lawyer 34 (April 1986).

"Mugging the Constitution," ___ Penthouse ___ (May 1986).

"Why Not the Worst? The Reagan Judges," 242 The Nation 818 (June 14, 1986).

"At Issue: The Senate Can Play Too," 71 American Bar Association Journal 36 (August 1985).

"A Constitutional Shell Game," 241 The Nation 607 (December 7, 1985).

"Reagan Packs the Federal Judiciary," 240 The Nation 513 (May 4, 1985).

"The AT&T Break-up: How Consumers Will Pay and Pay," 39 The Nation 238 (January 21, 1984).

"Fifteen Years of the Burger Court," 239 The Nation 262 (September 24, 1984).

"The Intrusive Ears of the Law," 238 The Nation 1 (June 16, 1984).

"How Do We Know FISH is Working?" 237 The Nation 397 (October 29, 1983).

"Reagan's Bullish on Bugging," 236 The Nation 697 (June 4, 1983).

"Reagan Uncaps Natural Gas," 236 The Nation 330 (March 19, 1983).

"We Should Reregulate, Not Deregulate Natural Gas," ___ Gas Pricing and Rate Making ___ (1983).

"A Constitutional Disaster," 235 The Nation 11 (July 3, 1982).

"A Department Called Justice," 234 The Nation 415 (April 10, 1982).

"Rewriting the Antitrust Laws," 68 American Bar Association Journal 238 (1982).

"A Scorecard for the New Term," 235 The Nation 353 (October 16, 1982).

"Your Phone is a Party Line," 245 Harper's Magazine 106 (October 1982) (with I. Glasser).

"Time to Get the Bugs Out," 231 The Nation 401 (October 25, 1980).

"Bugging Revisited," 229 The Nation 161 (December 22, 1979).

"Burger Court Holds the Line," 229 The Nation 495 (November 17, 1979).

"The Weber Case: Another Step Bakke-wards," 228 The Nation 585 (May 26, 1979).

"The Wiretap Decade," 229 The Nation 1 (September 8, 1979).

"Narrowing Access to Justice: A Major Critique of the Burger Court," 5 Student Lawyer 34 (March 1977), reprinted as "Efficient Courts For Whom?" 16 The Judges' Journal 20 (1977) (with C. Goldberg).

"Protection of Prisoners' Rights," 35 Christianity in Crisis 19 (February 17, 1975).

"Six Years of Tapping and Bugging," 3 Civil Liberties Review 26 (1974).

"Let's Abolish Parole," 103 Reader's Digest 185 (August 1973).

"Myth of Rehabilitation," ___ The Prison Journal ___ (1973).

"A Comment on Sostre v. McGinnis," 21 Buffalo Law Review 775 (1972).

"Judges as Tyrants," 7 Criminal Law Bulletin 129 (1971).

"The Trial Lawyer and...Criminal Law," 7 Trial 2 (July-August 1971).

"The Legitimation of Electronic Eavesdropping: The Politics of 'Law and Order'" 67 Michigan Law Review 455 (1969).

"Electronic Eavesdropping - What the Supreme Court Did Not Do," 4 Criminal Law Bulletin 83 (1968).

"Comsat, the Carriers and the Earth Stations: Some Problems with `Melding Variegated Interests,'" 76 Yale Law Journal 441 (1967).

"The Parent or the Fetus: Abortion and the Law," 27 The Humanist 123 (1967).

"Stop and Frisk: A Case Study in Judicial Control of the Police," 58 Journal of Criminal Law, Criminology & Police Science 433 (1967).

"Wiretapping and Eavesdropping: Pros and Cons," 53 Current History 31 (1967).

"The Wiretapping Problem Today," 2 Criminal Law Bulletin 3 (December 1966) and 3 Criminal Law Bulletin 3 (Jan.-Feb. 1967).

"Retroactivity, Reliability and Due Process: A Reply to Professor Mishkin," 33 University of Chicago Law Review 719 (1966).

"The Common Market Antitrust Laws and American Business," 1965 University of Illinois Law Forum 617.

"Wiretapping: Some Reflections in Opposition," 82 The Christian Century 77 (1965).

Book Review:
C. Silberman, Crisis in Black and White. 14 Buffalo Law Review 189 (1964).

"Governmentally Appointed Directors in a Private Corporation - The Communications Satellite Act of 1962," 79 Harvard Law Review 350 (1965).

Book Review:
C. Radcliffe, The Law and Its Compass. 11 Catholic University Law Review 123 (1962).

45 posted on 01/16/2005 12:35:48 PM PST by I got the rope
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To: I got the rope
I particular like this liberal professor from the American Universiy Washington College of Law. Scalia skewered him.

LOL! That was something to watch. The liberal professor was so wrong that even Breyer chewed him out.

Sometimes liberal professors get in row making up facts, surround themselves with equally-deluded professors, and get in trouble with that cruel thing called reality.

I had one of those deluded liberal professors in college, not just plain good ol' liberal. The guy was so wacked out that he would even contradicted the dictionary when attacking "evil" conservative and libertarian ideas.

46 posted on 01/17/2005 12:35:19 PM PST by george wythe
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To: Ravenstar
I know that this is probably going to get me flamed but the 6 Supreme Court justices that made the Lawrence vs. Texas decision citing European Law, not the historical type i.e. Magna Carta etc., are subject to impeachment

That citation was the most surprising item in the majority opinion. I thought that Lawrence was going to be decided on narrow grounds, such as a new interpretation of the Equal Protection Clause.

As Scalia noted, consulting historical British law in order to understand the legal framework that gave birth to our Constitution is one thing. Citing a modern Zimbabwean judge that happens to agree with a liberal opinion that ignores and contradicts over 200 years of American jurisprudence is just plain silly.

47 posted on 01/17/2005 12:42:09 PM PST by george wythe
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To: george wythe

No it is not just plain silly it is UNCONSTITUTIONAL and IMPEACHABLE but the Republicans have no spine! Don't get me wrong neither do the Demorats or more accurately they WANT to undermine the Constitution. The Republicans are letting it happen though so is that any better?

Ravenstar


48 posted on 01/18/2005 4:37:18 AM PST by Ravenstar (Reinstitute the Constitution as the Ultimate Law of the Land)
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