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Full-Text Articles in Rule of Law
Statutory Realism: The Jurisprudential Ambivalence Of Interpretive Theory, Abigail R. Moncrieff
Statutory Realism: The Jurisprudential Ambivalence Of Interpretive Theory, Abigail R. Moncrieff
Law Faculty Articles and Essays
In the renaissance of statutory interpretation theory, a division has emerged between "new purposivists," who argue that statutes should be interpreted dynamically, and "new textualists," who argue that statutes should be interpreted according to their ordinary semantic meanings. Both camps, however, rest their theories on jurisprudentially ambivalent commitments. Purposivists are jurisprudential realists when they make arguments about statutory meaning, but they are jurisprudential formalists in their views of the judicial power to engage in dynamic interpretation. Textualists are the inverse; they are formalistic in their understandings of statutory meaning but realistic in their arguments about judicial power. The relative triumph …
On Empathy In Judgment (Measure For Measure), Kenji Yoshino
On Empathy In Judgment (Measure For Measure), Kenji Yoshino
Cleveland State Law Review
This article is based on a Baker-Hostetler presentation given by the author at the Cleveland-Marshall College of Law. The author compares the nomination process of Supreme Court justices and the conflict between empathy and rule of law with William Shakespeare's Measure for Measure.