The Illusion and Allure of Textualism

Document Type

Article

Publication Title

Villanova Law Review

Abstract

This article first studies Justice Scalia's statutory interpretation decisions to determine whether a coherent theory of construction can be identified. His opinions reveal consistent advocacy of a textbased approach which logically could be called textualism. Critique of his approach is provided throughout. This section also provides an example of Justice Scalia's deployment of the construction format he preaches.

First Page

93

Last Page

151

Publication Date

1995

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