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Does Scalia believe the world would be better off if he were a mathematician...

I do love Scalia, but his thoughts on the wasted talents of brilliant legal minds strike me as uncharacteristically short sighted. “I used to have just the opposite reaction,” Scalia said, according to...

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CNN Misinterprets Scalia’s Approach to Interpreting Treaties

An article in CNN today seems to suggest that Scalia has an inconsistent view of the relevance of an international consensus.  The article notes a recent comment by Scalia on how to interpret treaties:...

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The Interesting Sub-Issue in Samantar v. Yousuf

The Supreme Court issued its decision in Samantar v. Yousuf yesterday, in a 9-0 decision that I think got it right.  The Foreign Sovereign Immunities Act, says the Court, was not intended to codify...

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Getting it Wrong: A Lesson from a Law Professor’s Blog

Update: A few minutes after I wrote this post, the blog post I discuss below was edited to better reflect Scalia’s opinion in Maples v. Thomas. In particular, the post now correctly reflects that...

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