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

Nehf, James P.

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

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

49 Pages Posted: 9 Sep 2011

See all articles by James P. Nehf

James P. Nehf

Indiana University Robert H. McKinney School of Law

Date Written: September 8, 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.

Keywords: legislation, interpretation, textualism, consumer

Suggested Citation: 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: https://ssrn.com/abstract=1924446