Ideological Judging: The Record of Textualism

National Law Journal, August 2018

2 Pages Posted: 15 Nov 2018

Date Written: August 1, 2018

Abstract

Discusses the ideological record of textualist judges, empirical studies, textualist mantras, the habitual and misguided resort to dictionaries, and the refusal to acknowledge that textualism is as pliable as any other theory of interpretation and it has produced a one-sided record in cases that shape the law.

Note: Reprinted with permission from the August 2018 edition of The National Law Journal.

© 2018 ALM Media Properties, LLC. All rights reserved. Further duplication without permission is prohibited.

Keywords: judges, interpretation, textualism, ideology, results-oriented, activism, empirical studies, dictionaries

JEL Classification: K10, K40

Suggested Citation

Kimble, Joseph, Ideological Judging: The Record of Textualism (August 1, 2018). National Law Journal, August 2018 , Available at SSRN: https://ssrn.com/abstract=3270380

Joseph Kimble (Contact Author)

Cooley Law School ( email )

300 S. Capitol Avenue
P.O. Box 13038
Lansing, MI 48901
United States

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