Originalism is an enormously popular--and equally criticized--theory of constitutional interpretation. As Elena Kagan stated at her confirmation hearing, "We are all originalists." Scores of articles have been written on whether the Court should use originalism, and some have examined how the Court employed originalism in particular cases, but no one has studied the overall practice of originalism.
The primary point of this book is an examination of the degree to which originalism influences the Court's decisions. Frank B. Cross tests this by examining whether originalism appears to constrain the ideological preferences of the justices, which are a demonstrable predictor of their decisions. Ultimately, he finds that however theoretically appealing originalism may seem, the changed circumstances over time and lack of reliable evidence means that its use is indeterminate and meaningless. Originalism can be selectively deployed or manipulated to support and legitimize any decision desired by a justice.

Cross/Miller's market-leading THE LEGAL ENVIRONMENT OF BUSINESS: TEXT AND CASES, 11E delivers comprehensive, cutting-edge coverage using an interesting, understandable approach. You master vital skills as you study the legal environment within the context of law in today's increasingly regulated business world. Dozens of examples, business-oriented features, and step-by-step analyses place every topic within a meaningful context. You learn how today's legal environment is more about the constraints of business than the simple rules of law with this book's focus on managerial decision-making and current events. This edition makes ethics a priority with a new framework -- the IDDR Approach -- for making ethical decisions. The authors focus less on "black letter law" and more on broader issues that correspond to what business owners and managers face. Updated cases, content, and learning features present the latest developments and skills to succeed in today's legal landscape.

Measuring Judicial Activism supplies empirical analysis to the widely discussed concept of judicial activism at the United States Supreme Court. Complaints about activist Court decisions are common within contemporary political discourse, but these objections often have little substantive meaning beyond the speaker's disagreement with particular case outcomes. Frequently debated by legal scholars, judicial activism is shaped by the participants' ideological perspectives as well as by their subjective views regarding ambiguous constitutional provisions. Although no study can be perfectly objective, Measuring Judicial Activism seeks to move beyond these more subjective debates by conceptualizing activism in non-ideological terms, identifying specific empirical dimensions to the concept, and measuring those dimensions using systematic social scientific techniques. In so doing, the book allows the authors to assess the relative "activism" of recent justices on the Court.
Stefanie Lindquist and Frank B. Cross's work is guided theoretically by the notion that, at its core, the concept of activism involves concerns over the judiciary's institutional aggrandizement at the expense of the elected branches. An important corollary idea is that such efforts are particularly "activist" when they further the justices' own policy or ideological objectives. From these core theoretical ideas, the authors identify specific empirical manifestations that reflect the expansion of judicial power. In particular, the authors evaluate the Court's exercise of judicial review to invalidate legislative and executive action. Lindquist and Cross also analyze the justices' willingness to expand the Court's power by granting litigants increased access to the courts and overruling the Court's own precedents. In these contexts, Measuring Judicial Activism considers the extent to which these actions are consistent with the justices' ideological predilections.

Comprehensive, authoritative, and cutting-edge, THE LEGAL ENVIRONMENT OF BUSINESS combines a classic black letter law approach with an interesting and accessible reader-friendly format. The cases, content, and features of the exciting new ninth edition have been thoroughly updated to represent the latest developments in the business law environment. An excellent assortment of cases ranges from precedent-setting landmarks to important recent decisions, and ethical, global, and corporate themes are integrated throughout. In addition, numerous features and exercises help you master key concepts and apply what you've learned to real-world issues, and the book offers an unmatched range of support resources, including innovative online review tools.

Based on content required by the Association to Advance Collegiate Schools of Business, THE LEGAL ENVIRONMENT TODAY: BUSINESS IN ITS ETHICAL, REGULATORY, E-COMMERCE, AND GLOBAL SETTING, 8e equips you with working knowledge of business-related laws while strengthening the critical reasoning skills you need to interpret and apply them. Coverage includes the latest on cyber law, social media, privacy, corporate responsibility, financial and credit card reforms, health-care laws, and much more. Using carefully selected cases, the text helps you identify and resolve legal issues you may encounter in the business world. Hypothetical situations and exercises, ethical discussions, and international considerations give you further insight into how business law applies to your everyday life and future career. In addition, exam preparation sections in the text and online access to interactive flash cards, quizzing, and other tools help maximize your course success.

Based on content required by the Association to Advance Collegiate Schools of Business, THE LEGAL ENVIRONMENT TODAY, 9e equips you with working knowledge of business-related laws while strengthening the critical reasoning skills you need to interpret and apply them. Coverage includes the latest on cyber law, social media, privacy, corporate responsibility, financial and credit card reforms, health-care laws, and much more. Using carefully selected cases, the text helps you identify and resolve legal issues you may encounter in the business world. Hypothetical situations and exercises, ethical discussions, and international considerations give you further insight into how business law applies to your everyday life and future career. In addition, exam preparation sections in the text and online access to interactive flash cards, quizzing, and other tools help maximize your course success.

Comprehensive, authoritative, and cutting-edge, THE LEGAL ENVIRONMENT OF BUSINESS combines a classic black letter law approach with an interesting and accessible reader-friendly format. The cases, content, and features of the exciting new Tenth Edition have been thoroughly updated to represent the latest developments in the business law environment. An excellent assortment of cases ranges from precedent-setting landmarks to important recent decisions. Ethical, global, e-commerce, digital, and corporate themes are integrated throughout; for example, new Digital Update features affecting the law are included throughout this edition. Specific text features that students will find particularly helpful include: NUMBERED EXAMPLES and CASE IN POINTS, SAMPLE ANSWERS, NEW STUDENT-FRIENDLY CONCEPT SUMMARY DESIGN, and EXHIBITS.

Discover how law applies to your everyday life and your profession, as well as contemporary business activities, with Miller/Cross' best-selling THE LEGAL ENVIRONMENT TODAY, 10E. This edition focuses on building skills you will need tomorrow. Engaging, relevant discussions move the study of business law well beyond the printed page as you gain an understanding of important legal, ethical and corporate issues. Classic, spotlighted and updated cases as recent as 2020 immerse you in legal action, while new case examples highlight well-known companies, such as Nike, Apple, Google and Gucci. New and updated learning features focus on legal topics of interest, from cybersecurity and the law online to managerial strategies and ethical dilemmas. Visually compelling pages illustrate the latest legal developments across the globe, in the U.S. Supreme Court and even at state level. In addition, MindTap digital resources help you further explore how to apply the law to business and life.