21 Emp. Rts. & Emp. Pol'y J. 1 (2017)

handle is hein.journals/emplrght21 and id is 1 raw text is: 





INTRODUCTION


    THE   LABOR AND EMPLOYMENT LAW OPINIONS OF
                   JUSTICE   ANTONIN SCALIA

                                 BY
                         MARTIN   H. MALIN*

     On  February  13, 2016, the  nation was  stunned  by  news  that
Antonin  Scalia, Associate Justice of the Supreme   Court, had died.'
Justice Scalia advocated  judicial articulation of clear, general and
categorical rules rather than case-by-case balancing.2 He  is seen as
the  Court's leading  proponent   of originalism in  interpreting the
constitution.3 And  he is known  for his advocacy  of textualism as a
primary means  of interpreting statutes.4
     Justice Scalia did not shy away  from  controversy.  Rather, he
relished it. Justice Sonia Sotomayor,  observed,  During  his tenure
with the Court, Justice Scalia made a name  for himself as one of the
most provocative  figures on the Court. As the common  saying goes-
it is better to be looked   over than  overlooked-and that Justice
Scalia's views  have  provoked,   and  continue  to provoke,   strong
response within the legal community  is a tribute to just how important
and  powerful Justice Scalia's presence has been in our current legal
culture.' Justice Clarence  Thomas   similarly observed that Justice
Scalia treasured vigorous disagreement  as a means  of reaching  the
truth. ,6
     Justice Scalia engendered   controversy  with  the  style of his

     * Professor and Director, Institute for Law and the Workplace, Chicago-Kent College of
Law, Illinois Institute of Technology.
    1. See Adam Liptak, Antonin Scalia, Justice on the Supreme Court, Dies at 79, N.Y.
TIMES, Feb. 13, 2016, available at https://www.nytimes.com/2016/02/14/us/antonin-scalia-death
.html? r=0.
    2. See Antonin Scalia, The Rule of Law as a Law of Rules, 56 U. CHI. L. REV. 1175
(1989).
    3. See Antonin Scalia, Originalism: The Lesser Evil, 57 U. CIN. L. REV. 849 (1989).
    4. See ANTONIN SCALIA, A MATTER OF INTERPRETATION: FEDERAL COURTS AND THE
LAW 14-37 (1997).
    5. Sonia Sotomayor, A Tribute to Justice Scalia, 126 YALE L.J. 1609, 1609 (2017).
    6. Clarence Thomas, A Tribute to Justice Scalia, 126 YALE L.J. 1600, 1602 (2017).


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