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The Incompatibility of Substantive Canons and Textualism
Social Science Research Network, 2023A 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
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Debt Textualism and Creditor-on-Creditor Violence: A Modest Plea to Keep the Faith
Social Science Research Network, 2023Although 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
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Textualism, Judicial Supremacy, and the Independent State Legislature Theory
Social Science Research Network, 2022This 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
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Bostock was Bogus: Textualism, Pluralism, and Title VII
Social Science Research Network, 2021In 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
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Nineteenth-Century Idealism and Twentieth-Century Textualism
Monist, The, 1981R. Rorty
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Textualism as a Theory of Interpretation of Legal Norms in the Context of Doctrinal Views
Statute Law ReviewThe 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
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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.
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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.
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Michigan law review, 2013
In the critically important area of preemption, the Supreme Court’s approach to statutory interpretation differs from the approach it follows elsewhere.
Daniel J. Meltzer
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In the critically important area of preemption, the Supreme Court’s approach to statutory interpretation differs from the approach it follows elsewhere.
Daniel J. Meltzer
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