Tag: Intentionalism

Originalism Is Bunk

Mitchell N. Berman - University of Texas at Austin

“Originalism Is Bunk.”  The title seems to promise a polemic.  I hope, however, that most readers will find the Article shorter on polemic and longer on analysis than they might have anticipated.  My ambition in writing the Article was not to bury originalism but to evaluate it—ideally, with fairness and… Read More »

Choosing Interpretive Methods: A Positive Theory of Judges and Everyone Else

Alexander Volokh - University of Houston Law Center

Textualism is a “conservative” method of statutory interpretation, according to the conventional wisdom.  For example, Bradford Mank rejects the suggestion that textualism can be friendly to environmental regulation, noting that “textualists tend to devalue the policy balances struck by environmental agencies… Read More »