Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
A Textualist Interpretation Of The Visual Artists Rights Act Of 1990, Brian L. Frye
A Textualist Interpretation Of The Visual Artists Rights Act Of 1990, Brian L. Frye
Law Faculty Scholarly Articles
For numberless generations, jurisprudes waged total war in the
conflict among textualism, intentionalism, and purposivism.
Textualists insisted that courts must interpret statutes based on the
meaning of their text, intentionalists insisted on the intention of the
legislature, and purposivists insisted on the purpose of the statute.
Eventually, textualism prevailed. Courts universally recognize
that they are obligated to interpret statutes in light of their text, or
at least pretend that the text of the statute determined their
interpretation. And the few remaining heretics are swiftly identified
and corrected by their superiors. As Justice Kagan famously
observed, “We’re all textualists now.” Whether …
Federal Preemption Of State Products Liability Doctrines, Richard C. Ausness
Federal Preemption Of State Products Liability Doctrines, Richard C. Ausness
Law Faculty Scholarly Articles
Federal agencies now regulate the manufacture, design, and labeling of hundreds of consumer products. For example, the Consumer Product Safety Commission promulgates "consumer product safety standards" for a number of consumer products. Likewise, the National Traffic and Motor Vehicle Safety Act of 1966 authorizes the National Highway Transportation Safety Administration to develop safety standards for automobiles and other motor vehicles. Additionally, the Food and Drug Administration (FDA) exercises extensive control over prescription drugs, biologics, medical devices, and over-the-counter drugs. The FDA also regulates food labeling.6 Finally, Congress has established statutory labeling requirements for cigarettes, smokeless tobacco products, and alcoholic beverages. …