TITLE

Text or Consequences?

AUTHOR(S)
Schacter, Jane S.
PUB. DATE
March 2011
SOURCE
Brooklyn Law Review;Spring2011, Vol. 76 Issue 3, p1007
SOURCE TYPE
Academic Journal
DOC. TYPE
Essay
ABSTRACT
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.
ACCESSION #
64498622

 

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