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Showing posts with label Originalism. Show all posts
Showing posts with label Originalism. Show all posts
Friday, November 22, 2024

Two Birds and Reader-Based Originalism

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Speaker intent governs speaker meaning. Hearer meaning doesn't. Thus legislative intent controls, not contemporaneous reader meaning (ev...
Thursday, September 2, 2021

Recasting Canons of Interpretation and Construction into "Canonical" Queries

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In a new Article I advocate recasting the canons of construction into neutral queries rather than presumptions or directives of meaning. Su...
Sunday, December 6, 2020

My Common Thread

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Though the subject matters of my writing may seem quite diverse, there is a common thread. What is it? That common thread is a hermeneutic p...
Sunday, January 19, 2020

How To Do Things With Signs: An Overview of Semiotics for Lawyers and Others

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Click HERE for a link to my current draft of "How To Do Things With Signs: Semiotics in Legal Theory, Practice, and Education." ...
1 comment:
Wednesday, February 7, 2018

Addition to "Strings of Thought" (2/7/18)

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2/7/18 A legislative bill or other proposal isn’t simply a string of words on a page. Instead, a legislative bill or other proposal involve...
Tuesday, January 30, 2018

Addition to "Strings of Thought" (1/30/18)

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Legislative Intent 1/30/18  Legislative “intent” lies in legislatures’ speech acts and not legislators’ speech acts.  That is, legisl...
Sunday, January 21, 2018

Addition to "Strings of Thought" (1/21/18)

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Speaker Meaning 1/21/18 “Original” speaker meaning includes the unexplored.  Imagine I buy a netted device I categorize as “my hammock...
Saturday, September 9, 2017

Speaker Meaning and the Interpretation and Construction of Executive Orders

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Here is an abstract of my latest article posted on SSRN : ABSTRACT: This Article explores the interpretation and construction of execu...
Monday, July 10, 2017

President Trump & Word Association

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As a lover of words, I am of course interested in the following Quinnipiac poll which asked responders "What is the first word that co...
Sunday, March 5, 2017

Gorsuch and Originalism: Some Critiques from Logic, Scripture, and Art

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(This blog combines, expands, and end-notes two prior blogs)
Monday, February 27, 2017

Neil Gorsuch? Originalism and the Ten Commandments

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Current Supreme Court nominee Neil Gorsuch claims that judges should “apply the law as it is, focusing backward, not forward, and lookin...
Tuesday, January 31, 2017

Originalism and the Fall of Icarus

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Well, here we go again. With Neil Gorsuch as the current Supreme Court nominee, once more we hear praises of “originalism” as a judic...
1 comment:
Wednesday, June 15, 2016

How the "Ten" Commandments Refute Originalism & Fundamentalism (With Some Help From Herod, Caiaphas & Ahab's Additions to "The Apology Box")

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Conservatives often like to claim that texts speak for themselves.  A review of the Ten  Commandments is an easy way to see how such claim...
Thursday, May 26, 2016

Justice Scalia, Queen Anne, and the Pragmatics of Interpretation

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Archive of Blog Originally Posted 2/18/2016 in The Huffinton Post