Re: Marshall and Scalia: Birds of a Feather?

[Philip Frickey]

Take a look at John Yoo's student comment in the Yale Law Journal a decade ago, and the exchange between John Manning and Bill Eskridge within the last two years (article by Manning, critique by Eskridge, response by Manning).

Phil Frickey

Robert Justin Lipkin wrote:

       In rereading Gibbons v. Ogden, I was struck by the similarity of Chief Justice Marshall's views on interpretation and Justice Scalia's views on the same as expressed in Scalia's book A Matter of Interpretation.  Rather than defend this comparison, let me ask whether there's any literature comparing the interpretive strategies of these two Justices?

Bobby Lipkin
Widener University School of Law
Delaware