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Textualism

Textualism

Should Consumers Expect to Find Bones in "Boneless Wings"?

"Boneless wings" aren't wings, so does that mean they don't have to be boneless either? The Ohio Supreme Court weighs in.

Jonathan H. Adler |The Volokh Conspiracy | 7.25.2024 6:10 PM

Sidewalk2 | NYC Department of Transportation

Property Rights

Wisconsin Supreme Court Rules Sidewalks are not "Pedestrian Ways" - thus Allowing Local Governments to Use Eminent Domain to Take Property to Build Them

The close 4-3 decision might well become a staple of textbooks.

Ilya Somin |The Volokh Conspiracy | 6.19.2024 10:09 PM

Burrito | NA

Zoning

Indiana Court Rules Burritos and Tacos Qualify as Sandwiches

The decision exemplifies a longstanding issue in legal theory. It also highlights the absurdity of zoning rules.

Ilya Somin |The Volokh Conspiracy | 5.19.2024 2:28 PM

Donald Trump

What Should a Textualist Think about Trump's Claims of Presidential Immunity?

An interesting amicus brief urges the justices not to rely upon penumbras and emanations in construing the scope of Presidential immunity.

Jonathan H. Adler |The Volokh Conspiracy | 4.9.2024 8:10 AM

Constitutional Interpretation

Vermeule and Casey Respond to Judge Rao on Textualism's Political Morality

Further debate on textualism, "common good constitutionalism," and the classical legal method.

Jonathan H. Adler |The Volokh Conspiracy | 8.23.2023 2:23 PM

babysitter | placeholder

Executive Power

Of Babysitters and Major Questions

Survey data casts doubt on the textualist rationale for the major questions doctrine that I and others have advanced. But perhaps not as much doubt as it might seem.

Ilya Somin |The Volokh Conspiracy | 8.8.2023 12:56 AM

Textualism

"Textualism's Political Morality" by the Honorable Neomi Rao

Judge Rao's 2022 Canary lecture has now been published in the Case Western Reserve Law Review.

Jonathan H. Adler |The Volokh Conspiracy | 7.21.2023 9:43 AM

Justice Amy Coney Barrett | Eric Lee/Pool via CNP/Polaris/Newscom

Student Loans

Justice Barrett's Textualist Defense of the Major Questions Doctrine

In today's student loan decision, Justice Barrett offers a textualist rationale for this controversial rule. I have made similar arguments myself.

Ilya Somin |The Volokh Conspiracy | 6.30.2023 3:37 PM

Textualism

Beyond Textualism? on SSRN

Will Baude |The Volokh Conspiracy | 6.1.2023 7:06 AM

Questions | NA

Executive Power

A Major New Defense of the Major Questions Doctrine

Legal scholar Ilan Wurman argues the controversial doctrine is justifiable on textualist and linguistic grounds.

Ilya Somin |The Volokh Conspiracy | 3.17.2023 12:52 PM

Questions | NA

Executive Power

A Textualist Defense of the Major Questions Doctrine

Critics claim the doctrine is obviously at odds with textualism. But that isn't the case.

Ilya Somin |The Volokh Conspiracy | 3.1.2023 4:27 PM

Textualism

The 2023 Scalia Lecture: Beyond Textualism?

Will Baude |The Volokh Conspiracy | 3.1.2023 11:32 AM

Supreme Court Justice Neil Gorsuch | Pool/ABACA/Newscom

Law & Government

How a Gorsuch LGBT Ruling May Doom Affirmative Action in College Admissions

The link between Bostock v. Clayton County and Students for Fair Admissions v. University of North Carolina

Damon Root | 11.21.2022 2:10 PM

Supreme Court

Barrett v. Gorsuch

Justice Amy Coney Barrett and Neil Gorsuch are disagreeing more than you might think, but Justice Barrett appears to have the upper hand.

Jonathan H. Adler |The Volokh Conspiracy | 6.14.2022 7:42 AM

Textualism

Judge Neomi Rao on "Textualism's Political Morality"

A lecture on textualism at the Case Western Reserve University School of Law.

Jonathan H. Adler |The Volokh Conspiracy | 3.18.2022 8:06 AM

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