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What Did They Mean?: How Principles Of Group Communication Can Inform Original Meaning Jurisprudence And Address The Problem Of Collective Intent, W. Matt Morgan
William & Mary Bill of Rights Journal
No abstract provided.
Magic Words, Kiel Brennan-Marquez
Magic Words, Kiel Brennan-Marquez
William & Mary Bill of Rights Journal
Broadly speaking, this Article has two goals. The first is to demonstrate the prominence of functionalism in the interpretive practices of the Supreme Court. Reading a case like NFIB, it would be easy to conclude that the tension between labels and function reflects a deep rift in our legal order. On reflection, though, the rift turns out to be something of a mirage. While judicial opinions do occasionally employ the rhetoric of label-formalism, we are all functionalists at heart.
The Article’s second goal is to explore two exceptions to this norm. One is a faux exception—an exception to functionalism that …