Originalism in Theory and Practice: Justices Scalia and Thomas (SC)

Section 1, J-Term 19

Schedule Information

Enrollment: 11/12
Credits: 1

Course Description

Justice Clarence Thomas and the late Justice Antonin Scalia have been vigorous proponents of originalism and textualism. But the two justices did not always agree about how to implement these interpretive methods in practice. After a brief study of the assumptions and philosophical commitments underlying originalism and textualism, the course will focus on cases in which the justices applied their common philosophy and reached different outcomes. Students will engage with the reasoning provided by both justices to evaluate their respective conclusions and discuss how the justices’ disagreements bear on the justifications and criticisms of both theories.

Course Requirements

Exam Info:
Midterm Type (if any): None
Description: None

Final Type (if any): None

Written Work Product
Written Work Product: Students will be required to submit a paper (12-15 pages) via EXPO no later noon (eastern) on Feb. 1st.

Other Work

Other Course Details
Prerequisites: None Concurrencies: None
Mutually Exclusive With: None
Laptops Allowed: Yes
First Day Attendance Required: Yes
Course Notes: A dinner for enrolled students will be held at Prof. Bevier's home on the evening of Wednesday, Jan. 16th. Attendance at the dinner is optional.

Graduation Requirements

*Satisfies Writing Requirement: No
**Credits For Prof. Skills Requirement: No
Satisfies Professional Ethics: No

*Yes means professor requires everyone in the course to submit a substantial research paper (which is the requirement standard in Academic Policies), so no paperwork required to be submitted to SRO. No means student must timely submit paperwork to SRO if intending to use a paper in this course to satisfy the Writing Requirement.

**Yes indicates course credits count towards UVA Law’s Prof. Skills graduation requirement, not necessarily a skills requirements for any particular state bar.

General Information

Schedule No.
Law No.
Modified Type
Cross Listed: No
Cross-Listed Course Mnemonic:
Public Syllabus Link: None
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Evaluation Portal Via LawWeb Closes: