Category Archives: -isms of interpretation

“Arbitrarily reverse-engineering meaning”

At The Koncise Drafter, Ken Adams discusses the new Scalia/Garner book, looking at it from the point of view whose main interest is in drafting contracts:

My interest is drafting contracts, not interpreting them. But to stay out of trouble when drafting contracts, it helps to have a decent grasp of how judges ascertain the meaning of contract language. So I’m happy to have the book.

He has his doubts about whether textualism is an appropriate stance with respect to interpreting contracts:

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Is intensive textual analysis inherently textualist?

Michael Dorf writes that the opinion in FCC V. AT&T is “a bit too textualist for [his] taste”:

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