A few months ago I linked to a lecture called "Beyond Textualism?" that I gave at Harvard Law School in the "Scalia Lecture" series -- on what the core insight of textualism is and how we might extend ...
"Those theories will not bring about the advantages that their advocates hope to achieve. They will not bring certainty to the law," the retired justice writes in his forthcoming book, "Reading the ...
TEXTUALISM in law and prescriptivism in usage are, in some ways, estranged cousins. It is fitting, then, that Antonin Scalia, textualism’s most prominent advocate, and Bryan Garner, the face of modern ...
The Supreme Court’s Conservatives Are Embracing a Brand of Textualism Too Extreme for Antonin Scalia
Only Slate Plus members can gift Slate stories. Become a member to share 10 free articles a month. Tuesday’s oral arguments at the Supreme Court should have been a cementing triumph for the late ...
In March 2022, the Honorable Neomi Rao of the U.S. Court of Appeals for the D.C. Circuit delivered the Sumner Canary Memorial Lecture on "Textualism's Political Morality." The Case Western Reserve Law ...
The legal philosophy may carry the day if the U.S. Supreme Court holds that LGBT discrimination is prohibited sex discrimination and that navigable waters are protected from indirect pollution.
As we see it, the most important trend coming from the Georgia Supreme Court in 2017 is the court’s adoption of textualism as the guiding principle of statutory interpretation in Georgia. Because of ...
The Federalist Society produced a webinar recently that I found fascinating, not only because I was a panelist. There was a marked divergence of opinion on Fourth Amendment law. I believe I know where ...
University of Chicago law professor William P. Baude discussed moving “beyond textualism” — a form of legal interpretation that draws conclusions based primarily on the plain meaning of legal ...
During Judge Ketanji Brown Jackson’s confirmation hearing, Sen. Marsha Blackburn (R-Tenn.) seemed triumphant when she confronted the Supreme Court nominee with the fact that the word “abortion” is not ...
Many think that the appointment of Judge Amy Coney Barrett to the Supreme Court will jeopardize the Affordable Care Act and abortion rights. But the reach of her antidemocratic judicial philosophy ...
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