Add to ORKGA recent Article by Professors William N. Eskridge, Brian G. Slocum, and Stefan Th. Gries critically examines textualism, both in general and as applied in Bostock v. Clayton County. This Essay makes three points in reply. First, the authors criticize strawman versions of textualism that no mainstream legal interpreter claims to hold. Second, the authors’ examples of “societal dynamism” do not put any pressure on textualism properly understood. And third, the authors’ corpus-linguistics analysis of the word “sex” is, from a textualist perspective, irrelevant to the issue in Bostock
Opponents of textualism as an approach to statutory interpretation sometimes deride it as myopic. Th...
Modern textualist and originalist theories increasingly center interpretation around the “ordinary” ...
The textualist approach to construing statutes, regulations, contracts, and other documents remains ...
A recent Article by Professors William N. Eskridge, Brian G. Slocum, and Stefan Th. Gries critically...
In a recent article, Tara Grove distinguishes between what she calls “formalist textualism” and “fle...
The meaning of sex matters. The interpretive methodology by which the meaning of sex is determined m...
In Bostock v. Clayton County, one of the blockbuster cases from its 2019 Term, the Supreme Court hel...
The meaning of sex matters. The interpretive methodology by which the meaning of sex is determined m...
It is by now axiomatic to note that textualism has won the statutory interpretation wars. But contra...
In Bostock v. Clayton County, one of the blockbuster cases from its 2019 Term, the Supreme Court hel...
This article is about sex; but not about sex meaning gender, an adjective, or “that thing we are.” I...
This article is about sex; but not about sex meaning gender, an adjective, or “that thing we are.” I...
For numberless generations, jurisprudes waged total war in the conflict among textualism, intentiona...
In 2020, the Court held in Bostock v. Clayton County that discrimination on the basis of sexual orie...
Textualists seek to interpret statutes consistent with their “original public meaning” (OPM). To fin...
Opponents of textualism as an approach to statutory interpretation sometimes deride it as myopic. Th...
Modern textualist and originalist theories increasingly center interpretation around the “ordinary” ...
The textualist approach to construing statutes, regulations, contracts, and other documents remains ...
A recent Article by Professors William N. Eskridge, Brian G. Slocum, and Stefan Th. Gries critically...
In a recent article, Tara Grove distinguishes between what she calls “formalist textualism” and “fle...
The meaning of sex matters. The interpretive methodology by which the meaning of sex is determined m...
In Bostock v. Clayton County, one of the blockbuster cases from its 2019 Term, the Supreme Court hel...
The meaning of sex matters. The interpretive methodology by which the meaning of sex is determined m...
It is by now axiomatic to note that textualism has won the statutory interpretation wars. But contra...
In Bostock v. Clayton County, one of the blockbuster cases from its 2019 Term, the Supreme Court hel...
This article is about sex; but not about sex meaning gender, an adjective, or “that thing we are.” I...
This article is about sex; but not about sex meaning gender, an adjective, or “that thing we are.” I...
For numberless generations, jurisprudes waged total war in the conflict among textualism, intentiona...
In 2020, the Court held in Bostock v. Clayton County that discrimination on the basis of sexual orie...
Textualists seek to interpret statutes consistent with their “original public meaning” (OPM). To fin...
Opponents of textualism as an approach to statutory interpretation sometimes deride it as myopic. Th...
Modern textualist and originalist theories increasingly center interpretation around the “ordinary” ...
The textualist approach to construing statutes, regulations, contracts, and other documents remains ...