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Full-Text Articles in Law
Technologically Improving Textualism, Jeffrey W. Stempel, Erik S. Knutsen
Technologically Improving Textualism, Jeffrey W. Stempel, Erik S. Knutsen
Nevada Law Journal Forum
The textualist approach to construing statutes, regulations, contracts, and other documents remains dominant but has drawbacks, most significantly its tendency to disregard probative evidence of textual meaning in favor of isolated judicial impressions and dictionary definitions. Although a broader, contextual, “integrative” approach to interpretation is preferable, the hegemony of textualism, even extreme textualism, is unlikely to recede soon. Textualism can be substantially improved, however, through effective use of a form of big data—the corpus linguistics approach to discerning word meaning. By enlarging the universe of sources about how words are actually used, corpus linguistics represents a significant improvement over imperial …
Ruth Bader Ginsburg’S Copyright Jurisprudence, Ryan Vacca, Ann Bartow
Ruth Bader Ginsburg’S Copyright Jurisprudence, Ryan Vacca, Ann Bartow
Nevada Law Journal
No abstract provided.
The Supreme Court’S Chief Justice Of Intellectual Property Law, Robert W. Gomulkiewicz
The Supreme Court’S Chief Justice Of Intellectual Property Law, Robert W. Gomulkiewicz
Nevada Law Journal
No abstract provided.
Civil Rights Law Equity: An Introduction To A Theory Of What Civil Rights Has Become, John Valery White
Civil Rights Law Equity: An Introduction To A Theory Of What Civil Rights Has Become, John Valery White
Scholarly Works
This Article argues that civil rights law is better understood as civil rights equity. It contends that the four-decade-long project of restricting civil rights litigation has shaped civil rights jurisprudence into a contemporary version of traditional equity. For years commentators have noted the low success rates of civil rights suits and debated the propriety of increasingly restrictive procedural and substantive doctrines. Activists have lost faith in civil rights litigation as an effective tool for social change, instead seeking change in administrative forums, or by asserting political pressure through social media and activism to compel policy change. As for civil rights …
Nomos And Nation: On Nation In An Age Of "Populism", John Valery White
Nomos And Nation: On Nation In An Age Of "Populism", John Valery White
Scholarly Works
Robert Cover's Nomos and Narrative points to the need to recognize a second, novel dimension for understanding rights. His concept of nomos, applied to competing notions of nation in pluralistic societies, suggests that the current dimension for understanding rights, which conceives of them fundamentally as protections for the individual against the state, is too narrow. Rather a second dimension, understanding rights of individuals against the nation, and aimed at ensuring individuals' ability to participate in the development of an idea of nation, is necessary to avoid "a total crushing of the jurisgenerative character" of nomoi by the state, or by …