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Malevolent Legalities

Discriminatology and the Specters of Scalia

Malevolent Legalities cover

Malevolent Legalities

Discriminatology and the Specters of Scalia

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Description

Malevolent Legalities draws upon archival research conducted at the Scalia Papers at the Harvard Law School Historical and Special Collections to examine the influence of Justice Antonin Scalia’s judicial philosophy of “textualist-originalism” on the US Supreme Court’s antidiscrimination jurisprudence. The book focuses on six US Supreme Court cases, organized into two parts. The main argument of the book, grounded in archival and legal materials, is that textualist-originalism makes it lawful for discrimination to be performed through the text, and explicitly seeks to prevent progress by enacting a regime of “static law.”
In Shelby County v. Holder (2013), Justice Ginsburg remarked that discrimination today behaves like the Hydra, the many-headed serpent in Ancient Greek mythology which regenerates each time its head is severed. The analysis of archival and legal materials is therefore prefaced by the development of a unique methodology for studying discrimination called discriminatology, understood as a framework for analyzing how discrimination persists through time, is performed through the text, and is a product of the manipulation of legal speech. In this way, Malevolent Legalities approaches the study of textualist-originalism as itself a vehicle for discrimination performed mala fide or “in bad faith.”

Table of Contents

Part I: “Prudent Evil”
Edwards v. Aguillard (1987): Humpty Dumpty Had a FallSt. Mary’s Honor Ct (1993): “Injustice is the Game”Romer v. Evans (1996): “The Law Killeth, but the Spirit Giveth Life”Part II: A “Regime of Static Law”
Reno v. Bossier Parish School Board (2000): “Preventing Progress”5Abbott v. Perez (2018): Severing the Memory of Discrimination
6Students for Fair Admission v. Harvard (2023): “Colorblindness by Legal Fiat”
Conclusion: 303 Creative LLC v. Elenis (2023): the Specters of Scalia

Product details

Published Oct 31 2024
Format Hardback
Edition 1st
Extent 272
ISBN 9781683934028
Imprint Fairleigh Dickinson University Press
Dimensions 9 x 6 inches
Series The Fairleigh Dickinson University Press Series in Law, Culture, and the Humanities
Publisher Bloomsbury Publishing

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Environment: Staging