Formalist Textualism and the Cernauskas Problem

6 Pages Posted: 24 Jul 2021 Last revised: 1 Sep 2021

See all articles by Larry Alexander

Larry Alexander

University of San Diego School of Law

Date Written: July 22, 2021

Abstract

In this short piece I respond to a recent article in the Harvard Law Review advocating an approach to interpretation that amounts to semantic literalism. I point out the pitfalls of thereby ignoring what the lawmakers are asserting.

Keywords: legislative intent, semantic literalism

JEL Classification: k00

Suggested Citation

Alexander, Lawrence, Formalist Textualism and the Cernauskas Problem (July 22, 2021). Journal of Contemporary Legal issues, Vol. 23, No. 1, 2021, San Diego Legal Studies Paper No. 21-025, Available at SSRN: https://ssrn.com/abstract=3891718

Lawrence Alexander (Contact Author)

University of San Diego School of Law ( email )

5998 Alcala Park
San Diego, CA 92110-2492
United States
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619-260-4728 (Fax)

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