In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack reflect on Justice Antonin Scalia's influence on the interpretation of white-collar statutes—in particular, two obstruction of ...
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 ...
It's not that textualism is dead, but strict adherence to it certainly is. And that's probably a good thing. In 2015, commenting on the work of Justice Antonin Scalia, Justice Elana Kagan announced, ...
My lecture is about textualism's political morality. Let me begin with a parable, courtesy of David Foster Wallace: There are these two young fish swimming along, and they happen to meet an older fish ...
Katie Eyer is a professor of law at Rutgers Law School. She co-authored an amicus brief on behalf of scholars of statutory interpretation and equality law arguing that textualism required a finding in ...
We will soon have a new Supreme Court Justice. Whether it will be Brett Kavanaugh or someone else, only time will tell. What is less uncertain, though, is that in the thrust and parry of confirmation, ...
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 ...
Tuesday’s oral arguments at the Supreme Court should have been a cementing triumph for the late Justice Antonin Scalia. With the ascendance of six conservative justices—including his own former clerk, ...
In the immediate aftermath of Justice Gorsuch’s grievously awful majority opinion last June in Bostock v. Clayton County—holding that discrimination on the basis of sexual orientation or transgender ...
Noah Feldman is a Bloomberg Opinion columnist. A professor of law at Harvard University, he is author, most recently, of “To Be a Jew Today: A New Guide to God, Israel, and the Jewish People." To the ...
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 ...
Earlier this month, the Honorable Neomi Rao of the U.S. Court of Appeals for the D.C. Circuit delivered a lecture on "Textualism's Political Morality" at the Case Western Reserve University School of ...