Download This PaperThe Illusion and Allure of Textualism
60 Pages Posted: 11 Sep 2016
Date Written: 1995
Abstract
This article first studies Justice Scalia's statutory interpretation decisions to determine whether a coherent theory of construction can be identified. His opinions reveal consistent advocacy of a textbased approach which logically could be called textualism. Critique of his approach is provided throughout. This section also provides an example of Justice Scalia's deployment of the construction format he preaches.
Suggested Citation: Suggested Citation
Plass, Stephen A., The Illusion and Allure of Textualism (1995). Villanova Law Review, Vol. 40, No. 93, 1995, Available at SSRN: https://ssrn.com/abstract=2837036
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