January 27, 2008
Article asks: Where are all the left-wing Textualists?
It's not on line, yet, but soon will be. Paul Killebrew wrote Where are all the left-wing Textualists, 82 N.Y.U. L. Rev. 1895 (Dec. 2007). (Soon to be here.) It's an interesting piece that queries why, given that Textualism on its face neither serves conservative nor liberal ends, is nonetheless espoused principally by conservatives.
My own view, for what it's worth, is pretty basic: most of the judges are conservative now, and as a whole certainly more conservative than Congress has been over time, and so even "neutral" application will favor their views.
It's an interesting piece!
January 27, 2008 | Permalink
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Thanks for the post! I just put the piece up on SSRN:
Posted by: Paul Killebrew | Jan 30, 2008 7:08:30 AM