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King, Chevron, And The Age Of Textualism, Abigail R. Moncrieff
King, Chevron, And The Age Of Textualism, Abigail R. Moncrieff
Law Faculty Articles and Essays
In the King v. Burwell oral arguments, Chief Justice John Roberts—usually one of the more active members of the Court—asked only one substantive question, addressed to the Solicitor General: "If you're right about Chevron [deference applying to this case], that would indicate that a subsequent administration could change [your] interpretation?" As it turns out, that question was crucial to Roberts's thinking and to the 6-3 opinion he authored, but almost all commentators either undervalued or misunderstood the question's import (myself included). The result of Roberts's actual thinking was an unfortunate outcome for Chevron—and potentially for the rule of law—despite …
I Am Textualism , Stephen Durden
I Am Textualism , Stephen Durden
Cleveland State Law Review
Until every person seeking to interpret the Constitution recognizes that constitutional interpretation is a quintessentially human endeavor, based on human assumptions and human reasoning, I will remain to protect those who seek to hide their predilections, their personal choices. I will continue to change as time passes. My form will continue to change to meet the needs of those who seek my cloak of objectivity and seek to redefine and improve me. I am a human invention created to pretend that constitutional interpretation is not a human endeavor. I am what each disciple wants. I am what each disciple needs. …
Limited Powers In The Looking-Glass: Otiose Textualism, And An Empirical Analysis Of Other Approaches, When Activists In Private Shopping Centers Claim State Constitutional Liberties, Richard J. Peltz
Cleveland State Law Review
This Article examines closely a narrow range of highly factually analogous cases, in which state constitutional rights are asserted despite a clear lack of entitlement to assert any federal constitutional claim. Specifically, the cases selected are those in which private persons assert a right to conduct expressive activity, including electoral activity, in private shopping centers during hours when the properties are held open to the general public. These cases may be referred to colloquially as “the mall cases.” Selected here are only those cases that were decided after the federal question became clear. The Article first inquires into the role …