84 Special
November
2017

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84 Special
The Forthrightness of Justice Scalia
Ryan J. Walsh
Chief Deputy Solicitor General, State of Wisconsin. The views expressed here are the author’s alone.

Justice Scalia was a frank man. Not only that, he was transparent.

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84 Special
The Education of a Law Clerk, with Thanks to Justice Scalia
Andrew J. Nussbaum
The author graduated from The University of Chicago Law School in 1991, after which he clerked for then-Judge Ruth Bader Ginsburg on the DC Circuit, and then for Justice Scalia (October Term 1992), and is now a partner at Wachtell, Lipton, Rosen & Katz in New York.

One afternoon in the late spring of 1991, the home stretch of my law school career, the phone in The University of Chicago Law Review offices rang.

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84 Special
Coots, Loons, and Civility
Taylor A.R. Meehan
Ms. Meehan is an attorney at Bartlit Beck Herman Palenchar & Scott LLP in Chicago. She graduated from The University of Chicago Law School in 2013 and served as one of Justice Scalia’s law clerks during his last term on the Court.

Justice Scalia visited the Law School in February 2012. He taught my constitutional law class—by “taught,” he said a few words about the Seventeenth Amendment and then fielded questions lobbed from the class about anything but the Seventeenth Amendment.

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84 Special
Justice Scalia: Constitutional Conservative
Noel J. Francisco
47th Solicitor General of the United States and law clerk to Justice Scalia during the Supreme Court’s 1997 to 1998 Term. The views expressed here are the author’s alone.

When former President Ronald Reagan died in 2004, an outpouring of praise followed from across the political spectrum.

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84 Special
Some Reflections on Justice Scalia
Lillian R. BeVier
David and Mary Harrison Distinguished Professor Emerita, University of Virginia Law School.

I knew Justice Scalia for many years and considered him a generous friend. We were both great supporters of the Federalist Society and met frequently at Society events, but our longest and most interesting conversations usually happened when I called him to recommend students for clerkships, which I did quite often.

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Essay
84 Special
Originalist Law Reform, Judicial Departmentalism, and Justice Scalia
Kevin C. Walsh
Professor of Law, University of Richmond School of Law.

I thank my Richmond colleagues Jud Campbell, Hank Chambers, Paul Crane, Jessica Erickson, Bill Fisher, and Jack Preis for helping me think through the arguments and ideas in this Essay as they gestated over time.

Judicial departmentalism is the view that the Constitution means in the judicial department what the Supreme Court says it means in deciding a case.

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84 Special
Remembering the Boss
Jonathan F. Mitchell
Visiting Professor of Law, Stanford Law School.

Thanks to Will Baude, Vince Buccola, Richard Epstein, Ashley Keller, Adam Mortara, Nick Rosenkranz, James Sullivan, and David Strauss for comments.

Justice Scalia never liked tributes or accolades.

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84 Special
Justice Scalia’s Other Standing Legacy
Tara Leigh Grove
Professor of Law, William and Mary Law School; Visiting Professor, Harvard Law School.

I am grateful to Curt Bradley, Aaron Bruhl, Neal Devins, Vicki Jackson, Alli Larsen, Henry Monaghan, Jonathan Nash, and Jim Pfander for helpful comments on earlier drafts. I also appreciate the suggestions of participants at a faculty workshop at William and Mary Law School.

Everyone in the legal community knows about Lujan v Defenders of Wildlife.

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84 Special
Scalia in the Casebooks
Brian T. Fitzpatrick
Professor of Law, Vanderbilt University Law School; JD 2000, Harvard Law School; Law Clerk, Justice Antonin Scalia, 2001–2002.

I am deeply indebted to my colleague Ed Cheng for his insights on the data analysis.

Paulson K. Varghese
JD Candidate 2018, Vanderbilt Law School.

In the time since Justice Antonin Scalia’s untimely death, much has been written about what his influence has been and what his influence will be. It is said that, perhaps more than any of his predecessors, he shaped how lawyers, judges, and even laypeople see the role of unelected federal judges in a democratic society.