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I Am Textualism, Cleveland State Law Review (2011)

This essay, consisting of merely 1100 words, satirizes textualism, particularly as applied to the Constitution....

 

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LAW AS FAITH: THE PERSONAL AND UNCONSTITUTIONAL JOURNEY FROM RULE OF LAW TO LAW OF RULISM, Appalachian Journal of Law (2011)

With the goal of eliminating personal choice, Scalia, engaging in the quintessential Rulist approach, makes...

 

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Partial Textualism, Memphis Law Review (2010)

This Article seeks to demonstrate that plain meaning textualists do not apply plain meaning textualism...

 

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TEXTUALIST CANONS: CABINING RULES OR PREDILECTIVE TOOLS, Campbell Law Review (2010)

Justice Scalia proclaims homage to the “dead” Constitution. Justice Brennan honors the “living” Constitution. Others...

 

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Animal Farm Jurisprudence: Hiding Personal Predilections behind the Plain Language of the Takings Clause, Pace Environmental Law Review (2008)

The paper first defines plain language textualism and demonstrates that the Supreme Court and its...