The Volokh Conspiracy - Richard Lazarus on Scalia and Property Rights:

In what promises to be a fruitful and fascinating trove of information and research ideas, Richard Lazarus has been doing extensive research in Justice Blackmun's papers over the past year or so. He has a paper up on SSRN that draws on those documents, "The Measure of a Justice: Justice Scalia and the Faltering of the Property Rights Movement within the U.S. Supreme Court." By delving into Blackmun's papers, Richard can uncover the internal deliberations of the Supreme Court and the way in which internal coalitions and opinions are assembled, a process about which many have speculated but little concrete is known. This current paper is in that spirit.

Here's the abstract:

This article takes the measure of Justice Scalia's ability to produce significant opinions for the Court, by focusing on the Court's property rights cases during the past several decades. Much of the analysis relies on the Official Papers of Justice Harry Blackmun, which provide a virtual treasure trove of information revealing the Court's deliberative process when Blackmun was on the Court from 1971 to 1994. The article concludes that Justice Scalia may have appeared an effective champion of pro-property rights rhetoric to those outside the Court, but he has been much less effective within the Court in furthering that agenda. He not only repeatedly failed in his efforts to build a workable majority coalition on the Court, but he instead pushed away potential allies. The upshot was, in the first instance, precedent heavy on strong rhetoric yet light on staying power. In combination with other causes, the ultimate result was a splintering of those Justices, which included more than a simple majority, intuitively sympathetic to property rights claims and the reconstruction of a new majority more often led by Justice John Paul Stevens that returned the law to where it had been prior to Justice Scalia's joining the Court.

	[Todd Zywicki, December 13, 2005 at 8:38am] Trackbacks Richard Lazarus on Scalia and Property Rights: In what promises to be a fruitful and fascinating trove of information and research ideas, Richard Lazarus has been doing extensive research in Justice Blackmun's papers over the past year or so. He has a paper up on SSRN that draws on those documents, "The Measure of a Justice: Justice Scalia and the Faltering of the Property Rights Movement within the U.S. Supreme Court." By delving into Blackmun's papers, Richard can uncover the internal deliberations of the Supreme Court and the way in which internal coalitions and opinions are assembled, a process about which many have speculated but little concrete is known. This current paper is in that spirit. Here's the abstract: This article takes the measure of Justice Scalia's ability to produce significant opinions for the Court, by focusing on the Court's property rights cases during the past several decades. Much of the analysis relies on the Official Papers of Justice Harry Blackmun, which provide a virtual treasure trove of information revealing the Court's deliberative process when Blackmun was on the Court from 1971 to 1994. The article concludes that Justice Scalia may have appeared an effective champion of pro-property rights rhetoric to those outside the Court, but he has been much less effective within the Court in furthering that agenda. He not only repeatedly failed in his efforts to build a workable majority coalition on the Court, but he instead pushed away potential allies. The upshot was, in the first instance, precedent heavy on strong rhetoric yet light on staying power. In combination with other causes, the ultimate result was a splintering of those Justices, which included more than a simple majority, intuitively sympathetic to property rights claims and the reconstruction of a new majority more often led by Justice John Paul Stevens that returned the law to where it had been prior to Justice Scalia's joining the Court.