Thursday, April 28, 2016
A wonderful article appeared in the NYLJ back in March concerning textualism in white collar law. Authors Elkan Abramowitz and Jonathan Sack remark on the broadly worded statutes one finds in the white collar arsenal, and how Justice Scalia was a leader in using a textualist approach in interpreting these statutes. The authors of this article reflect on the "exculpatory no" and obstruction of justice as two examples in demonstrating the use of textualism.
With Justice Scalia no longer with us, it will be interesting to see if others pick up this theme in current cases such as former Gov. McDonnell.