Sentences with word «textualism»

Its combined 46 pages (imagine the Minnesota Supreme Court of a generation ago expending that kind of ink on a statutory construction case) attest to the influence of textualism in today's legal culture.

Luttig has articulated his philosophy of textualism in a number of interesting cases over his time on the bench...»

But with introductory articles on such topics as textualism in statutory interpretation, Kelo and private takings, and the public forum doctrine, it seems unlikely that the site will engage any appreciable segment of the general public.

Tagged with: bestiality canons of construction criminal code criminal law living tree progressive statutory interpretation textualism

He criticizes textualism (a mode of judicial interpretation) by citing the author's attempt to «show how lawmakers are engaged in the creative work of ensuring that natural law... is given effect in our human living.»

Although he competently summarizes this theory in his introduction, Ring does little to distinguish textualism from originalism in general or from originalist intentionalism in particular.

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But we have to ask ourselves: At what point does a devotion to strict textualism become an elaborate game of pretend?

There is no doubt in my mind that Justice Scalia is an influential polemicist because of his adamant position on textualism and originalism.

Peter Tiersma has written a fine article about textualism and the law.

Though Justices Scalia and Posner have both been toiling in their respective courts for some time now and sniping at the other team, open bunfare broke out recently with the very recent publication of a book favourable to textualism by Scalia and SMU law prof and legal lexicologist Bryan Garner, Reading Law.

From the eternal «lay» or «lie» conundrum to more arcane issues of textualism such as «last - antecedent canon vs. series - qualifier canon,» the archives of LawProse probably have an answer.

Tagged with: #Charter35 Charter of Rights and Freedoms Constitution Act 1867 constitutional law constitutional supremacy democracy Egan equality Justice Stratas reading in rule of law Schachter section 52 separation of powers textualism Vriend

Rigid textualism can lead to harsh results.

If the text is deemed to be «unambiguous,» then textualism seems to cleanly slice through obfuscation like a scalpel, cutting away all messy questions about how to define and apply broad statutory purpose, legislative history, or judicially crafted substantive canons by instructing the judge to follow the «plain» text.

Both of these analytical moves represent significant departures from current theories of statutory interpretation, including textualism, and they render statutory interpretation essentially unrecognizable.

Tagged with: canons of construction Insurance Insurance Act insurance law intent legislative history motor vehicle accidents purposive purposive approach purposivism statutory interpretation textualism

Instead, under the guise of textualism, the majority has decided that the clearest indicator of the statute's intended meaning is the Legislature's comma usage.

Legal scholars agree with Trump that Gorsuch fits the Scalia mold, particularly on measures of «originalism, a strict reading of the Constitution as written, and textualism, an equally strict reading of statutes rather than legislative history,» USA Today wrote.

The opinions collected here» some dissenting from the majority of the Court, others concurring in judgment but rejecting the majority's reasoning» show how Scalia applies his textualism to these issues, and how it differs from competing theories of interpretation, most notably the «living Constitution» view favored by many on the left and the varieties of intentionalism favored by many conservatives and moderates.

Ring fails to give readers any sense of what's at stake in this important debate between intentionalism and textualism.

For example there is textualism, originalism, strict contructionism, founder's intent, balancing, prudentialism, and structuralism.

First, textualism is the key to understanding Gorsuch, much as it was with the justice he is nominated to replace.

Behind Scalia's «originalism» and «textualism,» they claim, lies a conservative political point of view.

(They are not: common sense is necessary as well, even if channeled through procedural rules, textualism, and other mechanisms, and even carefully elaborated and logical «reasons» are not necessarily reasonable.)

«What ever happened to state constitutional law, textualism, and libertarianism?

The blade of textualism, however, can be deployed only if the text is «unambiguous,» and unfortunately the concept of ambiguity is the most ambiguous concept of them all.

They are conservative in terms of methodology, emphasizing Justice Scalia's themes of textualism, originalism, and judicial restraint.

I try hard to get worked up about theories of constitutional interpretation, but keep reducing things to originalism / textualism / doctrinalism / pseudohistoricism v. a kind of «larger themes» overgeneralized situationalism.