Reading Law Spatially
In: in: Naomi Creutzfeldt, Marc Mason, Kirsten McConnachie (eds) Routledge Handbook of Socio-Legal Theory and Methods. Taylor & Francis Group (2019)
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In: in: Naomi Creutzfeldt, Marc Mason, Kirsten McConnachie (eds) Routledge Handbook of Socio-Legal Theory and Methods. Taylor & Francis Group (2019)
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In: The prison journal: the official publication of the Pennsylvania Prison Society, Band 48, Heft 1, S. 21-26
ISSN: 1552-7522
In: Green Bag 2d, Band 18, Heft 1, S. 2014
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In this groundbreaking book, Scalia and Garner systematically explain all the most important principles of constitutional, statutory, and contractual interpretation in an engaging and informative style - with hundreds of illustrations from actual cases. Is a burrito a sandwich? Is a corporation entitled to personal privacy? If you trade a gun for drugs, are you "using a gun" in a drug transaction? The authors grapple with these and dozens of equally curious questions while explaining the most principled, lucid, and reliable techniques for deriving meaning from authoritative texts. Meanwhile, the book takes up some of the most controversial issues in modern jurisprudence. The authors write with a well-argued point of view that is definitive yet nuanced, straightforward yet sophisticated. - Publisher
Reading right : the key to success in law school -- Basic briefing : developing an initial strategy for managing cases -- Advanced thinking leads to advanced reading -- Expert reading : a new take on a familiar skill -- Engage with energy -- Monitor your reading and read for the main idea -- Always (always!) read with a clear purpose -- Get oriented and "own" your prior knowledge and experience -- There's more to the five Ws (who, what, when, where, and why) than meets the eye -- Evaluate what you're reading - your ideas matter -- Review, rephrase, record -- Casebook reading : a summary -- Reading statutes -- Reading cases outside of casebooks -- Reading on a screen -- Conclusion.
In: 20 Federalist Society Review 18 (2019)
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In: Notre Dame Law Review, Forthcoming
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One of the most highly lauded legacies of Justice Scalia's decades-long tenure on the Supreme Court was his leadership of a movement to tether statutory interpretation more closely to statutory text. His dissents in the Affordable Care Act cases- National Federation of Independent Business v. Sebelius and King v. Burwell- demonstrate both the nature and the limits of his success in that effort. These were two legal challenges, one constitutional and the other statutory, that threatened to bring down President Obama's signature legislative achievement, the Patient Protection and Affordable Care Act. Both times the Court swerved away from a direct collision. And both times Justice Scalia accused the Court majority- led by Chief Justice Roberts- of twisting the statutory text. Justice Scalia was right about the twistifications. But that does not mean he was right to condemn them both. Sometimes the governing law of interpretation calls on judges to adopt an interpretation other than the one that most straightforwardly follows from the application of standard interpretive conventions to statutory text.
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In: 6 Journal of Civil Law 1 (2013)
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One of the most highly lauded legacies of Justice Scalia's decades-long tenure on the Supreme Court was his leadership of a movement to tether statutory interpretation more closely to statutory text. His dissents in the Affordable Care Act cases- National Federation of Independent Business v. Sebelius and King v. Burwell- demonstrate both the nature and the limits of his success in that effort. These were two legal challenges, one constitutional and the other statutory, that threatened to bring down President Obama's signature legislative achievement, the Patient Protection and Affordable Care Act. Both times the Court swerved away from a direct collision. And both times Justice Scalia accused the Court majority- led by Chief Justice Roberts- of twisting the statutory text. Justice Scalia was right about the twistifications. But that does not mean he was right to condemn them both. Sometimes the governing law of interpretation calls on judges to adopt an interpretation other than the one that most straightforwardly follows from the application of standard interpretive conventions to statutory text.
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Recently, the Green Bag issued a call for short (1,000 words) essays on Reading Law: The Interpretation of Legal Texts, by Antonin Scalia and Bryan Garner. We sought "[a]ny theoretical, empirical, or practical commentary that will help readers better understand the book." The result is this micro-symposium. Our call drew dozens of micro-essays, some thought-provoking, some chuckle-prompting, and some both. Blessed with an abundance of good work but cursed by a shortage of space, we were compelled to select a small set – representative and excellent – of those essays to publish in the Green Bag and its sibling publication, the Journal of Law. We regret that we cannot do full justice to the outpouring of first-rate commentary we received. May you enjoy reading the following excellent representatives as much as we did.
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In: Shofar: a quarterly interdisciplinary journal of Jewish studies ; official journal of the Midwest and Western Jewish Studies Associations, Band 29, Heft 4, S. 212-215
ISSN: 1534-5165
In: 6 Landslide 50, 2013
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