Textualism in the Lower Courts: Lessons from Judges Interpreting Consumer Legislation

Nehf, James

Abstract

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Textualism in the Lower Courts: Lessons from Judges Interpreting Consumer Legislation

James P. Nehf

Indiana University Robert H. McKinney School of Law

September 8, 1994

TEXTUALISM IN THE LOWER COURTS: LESSONS FROM JUDGES INTERPRETING CONSUMER LEGISLATION, 26 RUTGERS Law Journal, No. 1-101, 1994

Abstract:
Many judges and legal scholars advocate for a textualist approach to statutory interpretation, as opposed to a more contextual or evolutive approach. This article examines how judges interpreted state consumer legislation in over 200 cases. The author concludes that textualist approaches were no more likely to yield consistent, predictable results than other interpretive techniques.

Number of Pages in PDF File: 49

Keywords: legislation, interpretation, textualism, consumer

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Date posted: September 9, 2011

Suggested Citation

Nehf, James P., Textualism in the Lower Courts: Lessons from Judges Interpreting Consumer Legislation (September 8, 1994). TEXTUALISM IN THE LOWER COURTS: LESSONS FROM JUDGES INTERPRETING CONSUMER LEGISLATION, 26 RUTGERS Law Journal, No. 1-101, 1994 . Available at SSRN: http://ssrn.com/abstract=1924446

Contact Information

James P. Nehf (Contact Author)

Indiana University Robert H. McKinney School of Law ( email )

530 West New York Street
Indianapolis, IN 46202
United States