Text or Consequences?

Schacter, Jane S.
March 2011
Brooklyn Law Review;Spring2011, Vol. 76 Issue 3, p1007
Academic Journal
An essay on the gap between theoretical textualism and applied textualism in statutory interpretation is presented. It uses the interpretation of federal statutory law as a frame of reference and textualism as advocated by U.S. Supreme Court Associate Justice Antonin Scalia. It cites several court cases which show how consequentialist methods, which are shunned in theoretical textualism, are often used by textualist advocates when interpreting statutes in court decisions.


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