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The Incompatibility of Substantive Canons and Textualism

Social Science Research Network, 2023
A majority of the Justices today are self-described textualists. Yet even as these jurists insist that “the text of the law is the law,” they appeal to “substantive” canons of construction that stretch statutory text in the direction of favored values ...
Benjamin Eidelson, M. Stephenson
semanticscholar   +1 more source

Debt Textualism and Creditor-on-Creditor Violence: A Modest Plea to Keep the Faith

Social Science Research Network, 2023
Although debt finance and restructuring rarely command headlines, they collectively comprise some of the most heated corporate battles in recent history. The field’s contemporary participants, including private equity sponsors, banks, and distressed debt
Sneha Pandya, E. Talley
semanticscholar   +1 more source

Textualism, Judicial Supremacy, and the Independent State Legislature Theory

Social Science Research Network, 2022
This piece offers an extended critique of one aspect of the so-called “independent state legislature” theory. That theory, in brief, holds that the federal Constitution gives state legislatures, and withholds from any other state entity, the power to ...
Leah M. Litman, K. Shaw
semanticscholar   +1 more source

Bostock was Bogus: Textualism, Pluralism, and Title VII

Social Science Research Network, 2021
In Bostock v. Clayton County, one of the blockbuster cases from its 2019 Term, the Supreme Court held that federal antidiscrimination law prohibits employment discrimination on grounds of sexual orientation and gender identity. Unsurprisingly, the result
Mitchell N. Berman, G. Krishnamurthi
semanticscholar   +1 more source

Textualism as a Theory of Interpretation of Legal Norms in the Context of Doctrinal Views

Statute Law Review
The relevance of the study is due to the problem of establishing the accuracy of the content of legal norms. Accordingly, there is a need to define a new way to explain, apply, and understand them.
Vitalii Serediuk   +2 more
semanticscholar   +1 more source

Vampiric Textuality:

2022
This chapter points out that certain modernist texts are characterized by what could be called cryptopoiesis: texts endowed with embedded forms not easily observable on a first reading nor even a close second reading. It argues that Joyce’s use of cryptopoiesis in Ulysses elicits a patently posthumanist mode of observation.
openaire   +1 more source

Textual Transmission as Textual Participation

2020
One of the most fundamental notions of rabbinic Judaism is that concerning textual transmission. The Jewish text is always on the move—sometimes back and forth—from God to humanity, from generation to generation, from teacher to students.
openaire   +2 more sources

Textuality

2020
The concept of “text” is ambiguous: it can identify at the same time a concrete reality and an abstract one. Indeed, text presents itself both as an empirical object subject to analysis and an abstract object constructed by the analysis itself. This duplicity characterizes the development of the concept in the 20th century.
openaire   +1 more source

14. Textual Analysis

2020
This chapter discusses the principles of textual analysis as a means of gathering information and evidence in political research. Textual analysis has generated strong interest as a research method not only in Politics and International Relations, but also throughout the social sciences.
Sandra Halperin, Oliver Heath
openaire   +1 more source

Textuality

2005
Analyzes differences between the extant versions of Shakespeare's Hamlet (Q1 1603, Q2 1604/5, Folio 1623) and Henry V (Q1 1600, Folio 1623)
openaire   +3 more sources

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