Global ETD Search
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Showing 1 to 5 of 5 for “"Textualism"”.
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The Legacy of Anglo-American Textualism
Textualism is the doctrine of statutory interpretation propounded by a small group of US federal court judges, including the late Justice Antonin Scalia. Whilst the doctrine has attracted a great deal of scholarly attention, few have considered its historical development. In this dissertation, …
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The False Intent-Purpose Distinction In Textualism
Textualism is the theory of legislative interpretation championed most famously by the late Supreme Court Justice Antonin Scalia. Textualism adopts twin interpretive commitments: (1) the meaning of a legislative text should be discerned by application of long-established canons of construction, the …
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Religious liberty through the lens of textualism and a Living Constitution : the First Amendment Establishment Clause interpretations of Justices William Brennan, Jr. and Antonin Scalia.
… of constitutional interpretation, originalism, textualism and the Living Constitution method are examined. Justice Brennan's and Justice Scalia's jurisprudential visions are examined generally, and in the context of their Establishment Clause jurisprudence. The paper concludes that both justices …
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Off-Center: On the Limits of Theory and Lived Experience
… of theory and lived experience. Against the textualism of many contemporary theoretical tendencies, and working from within the available ""scenarios of representation"" (subjectivity, identity, politics), this study develops a feminist self-reflexive, politically accountable, and …
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The Cognitive Underpinnings of Legal Complexity
… meaning, fair notice, and modern variants of textualism. From a policy perspective, this work informs long-standing efforts to simplify legal documents for the public at-large, which, despite bipartisan support, have remained largely intractable. Finally, from a field-building perspective, …