Scalia Agonistes: Takings Law Under the Florida Sun
To a Peircean pragmatist it is a thing of delight to watch the thrashing about of a libertarian logical positivist as he seeks to escape the contradictions of his flawed epistemological convictions. Observing Justice Scalia at work is high comedy for those of us who are not the objects of his abundant derision. I should imagine that his hectoring is rather tiresome to those who must live with it for nine months every year. The place to start, it seems, is to ask: Why all the fuss?