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Articles 1 - 6 of 6
Full-Text Articles in Law
The Immorality Of Textualism, Andrei Marmor
The Immorality Of Textualism, Andrei Marmor
Cornell Law Faculty Publications
No abstract provided.
Against Dictionaries: Using Analogical Reasoning To Achieve A More Restrained Textualism, Jason Weinstein
Against Dictionaries: Using Analogical Reasoning To Achieve A More Restrained Textualism, Jason Weinstein
University of Michigan Journal of Law Reform
This Note argues that new textualists should abandon dictionaries as a source for legal interpretation. Textualists believe in restricting judges to the intent discernible from the words of a statute and contend that legislative history is unacceptable as a source of this intention. Both of these sentiments lead textualists to dictionaries as the intuitively correct solution for ambiguities in a text. The author argues, however, that dictionaries by their very nature cannot help discern between reasonable definitions at the margins of meaning. The use of dictionaries in these situations allows for a sham formalism, unrestrictive in result and unrevealing of …
Statutes That Are Not Static – The Case Of The Apa, Peter L. Strauss
Statutes That Are Not Static – The Case Of The Apa, Peter L. Strauss
Faculty Scholarship
...[T]he lesson of the past two hundred years is that we will do well to be on our guard against all-purpose theoretical solutions to our problems. As lawyers we will do well to be on our guard against any suggestion that, through law, our society can be reformed, purified, or saved. The function of law, in a society like our own, is altogether more modest and less apocalyptic. It is to provide a mechanism for the settlement of disputes in the light of broadly conceived principles on whose soundness, it must be assumed, there is a general consensus among us. …
Justice Scalia's Constitution--And Ours, Kermit Roosevelt Iii
Justice Scalia's Constitution--And Ours, Kermit Roosevelt Iii
All Faculty Scholarship
No abstract provided.
The Polymorphic Principle And The Judicial Role In Statutory Interpretation, Jonathan R. Siegel
The Polymorphic Principle And The Judicial Role In Statutory Interpretation, Jonathan R. Siegel
GW Law Faculty Publications & Other Works
The Supreme Court's statutory interpretation cases present an ongoing clash between mechanical, textualist, rule-based interpretive methods that seek to limit the role of judicial choice and more flexible methods that call upon courts to exercise intelligent judgment. In the recent case of Clark v. Martinez, 125 S. Ct. 716 (2005), the mechanical view of judging prevailed. The Court applied a purported canon of statutory construction that requires that a single phrase in a single statutory provision must always have a single meaning. The Court said that any other interpretive approach would be novel and dangerous. The Court is wrong on …
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 …