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:: A constitutional law blog by Scalia/Thomas fan David M. Wagner, M.A., J.D., Research Fellow, National Legal Foundation, and Teacher, Veritas Preparatory Academy. Opinions expressed here are those of the author and do not reflect those of the NLF or Veritas. :: bloghome | E-mail me ::

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    :: Thursday, October 11, 2007 ::
    In my e-mail this morning:
    "Liberal Justices' Reliance on Legislative History: Principle, Strategy, and the Scalia Effect"
    Ohio State Public Law Working Paper No. 95
    Center for Interdisciplinary Law and Policy Studies
    Working Paper Series No. 64

    Contact: JAMES J. BRUDNEY
    Ohio State University College of Law
    Full Text: http://ssrn.com/abstract=1008330
    ABSTRACT: This article conducts an in-depth examination of Supreme Court Justices' reliance on legislative history during the Burger, Rehnquist, and early Roberts eras. In doing so, it makes two important contributions to current statutory interpretation debates.....
    James Brudney, James Brudney.... Ah, yes!....

    From the Thomas/Hill hearings:
    Senator [Arlen] SPECTER. On page 37, Judge Hoerchner, you refer to a conversation with Mr. James Brudney, would you tell us what the circumstances were of that, please?
    Judge [Susan] HOERCHNER. A conversation between Anita and Jim Brudney?
    Senator SPECTER. Between you and Jim Brudney.
    Judge HOERCHNER. Between myself and Jim Brudney. Yes....

    And a most interesting Bill Safire column written just after the hearings while the Thomas nomination was still pending....

    :: David M. Wagner 2:49 PM [+] ::

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