William N. Eskridge, Jr., All About Words: Early Understandings of the "Judicial Power" in Statutory Interpretation, 1776-1806, 101 Colum. L. Rev. 990 (2001)
Another shot across the bow in the texualism, originalism, living constitution debates. "Judicial power" is asked about to question whether judges have the power to read statutes in particular ways. I didn't get past the introduction, since it's a long piece, and it's not clear how helpful it'll actually be.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment