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.
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Keywords: judges, interpretation, textualism, ideology, results-oriented, activism, empirical studies, dictionaries
JEL Classification: K10, K40
Suggested Citation: Suggested Citation