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Things TDot Likes: Scalia’s writing

Posted by T. Greg Doucette on Jan 18, 2010 in Things TDot Likes

Say what you want about the man and his views on American jurisprudence, but the further I get in CivPro the more I consider Antonin Scalia a damn good author.

We’re currently going through the whole Erie lineage of cases, and I just finished reading Scalia’s dissent in Gasperini v. Center for Humanities, Inc., 518 U.S. 415 (1996).  I’ll stipulate that I’m not yet competent enough in the law to have an opinion on whether I think his reasoning is persuasive.  But his writing style? The words practically jump off the page.

Compare the majority opinion to the dissent.  The former is bland and matter-of-fact-ish, but for the dissent I can practically envision Justice Scalia saying it aloud as I read.1 It’s not quite as incendiary as the Burnham v. Superior Court case that amused me last semester, but it’s still good stuff :)

Off to read about concurrent estates in Property before heading to bed. Have a great night folks!

  1. It’s actually kind of like one of those badly-dubbed kung fu movies, where the voice is based off snippets of interviews he’s given and the text itself is a subtitle on the screen :beatup: []

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