The plain text of the law is a “safe harbor” and not a “safe light-industrial office park”. If Congress intended the protection to apply in non-marine environments it would have done so. #textualism

Is a hot dog a handheld?

#textualism

Or is the Librarian not allowed to purchase books for the Supreme Court's law library because there is no Chief Justice of the Supreme Court?

#textualism

#textualism

But is a biscuit a “cookie”?

#textualism

Listening to Justice Barrett My review of Amy Coney Barrett's Listening to the Law.

Listening to Justice Barrett My review of Amy Coney Barrett's Listening to the Law.

Listening to Justice Barrett My review of Amy Coney Barrett's Listening to the Law.

SCOTUS standing ready to issue sua sponte order upholding the privilege, citing “history and tradition.”

#textualism

#textualism

If you loved textualism, you’ll LIKE textualism…with pictures! #SCOTUS #textualism

#textualism

Justice Scalia, Kids, Loopholes, and Appellate Law You think you know textualism. You do not.

Scalia gave us the law of rules. My kids gave us the law of ice cream. And what exactly was supposed to happen at 3 o’clock? All persuasive. Five appellate takeaways from the home front👇
www.linkedin.com/pulse/justic...
 #Litigation #BriefWriting #RuleOfLaw #textualism #appellatesky

That is still a violation.

#textualism

Oh god what now #textualism

Breaking: Justices Thomas and Alito sua sponte issue opinion endorsing Kristi Noem’s interpretation of habeas corpus as correct under the original understanding.

#Textualism

Forgot my hashtag.

#textualism

Does the TCPA apply to a petition for a pre-suit deposition? | Zach Wolfe Law Firm Is a Rule 202 petition a "petition"?

Today I'm reminiscing about the good old days (like the early 2020s), when the TCPA reduced the time and expense of litigation. Remember that?

I even got to take a case to the Court of Appeals.

The issue? When is a petition a "petition"?

#TCPA #Textualism

fiveminutelaw.com/2022/07/27/d...

Are bullets “arms”?

#textualism

but you have to consider what the founders wanted....
#textualism @elizabethbsf.bsky.social

I move that all Clarance Thomas and Brett Kavanaugh opinions be reclassified as Textual Assult.

#SCOTUS, #Textualism

Two samples of participants (N≅500) who responded to 20 to 40 cases indicated that most people had both textualist and purposivist intuitions (about rules or "laws" like "no shooting animals" and "no smartphones in the classroom").

More data indicating that empathy correlated positively with purposive interpretations and negatively with textualist interpretations.

Other individual difference constructs that predicted variance in how people apply rules: action aversion, outcome aversion, control aversion, and some Big 5 personality constructs.

Implications • People seem to share a single concept of rule that has a dual character in nature. This goes against contemporary worries in jurisprudence that propose purely interpersonal explanations of disagreement in legal interpretation. It also bolds well with recent accounts of philosophical problems, specially Knobe's (forthcoming) • Obama appears to have been right: individual differences in the "breadth of one's empathy" do indeed matter in the application of rules, but much less than whether the rule's text was violated.

Now the #ExperimentalPhilosophy Society session!

@almeida2808.bsky.social presented #xJur data with @lawstuff.bsky.social and Ivar Hannikainen: "Trait #Empathy Predicts Purposivist Rule Application"

Results in image #altText

#openAccess preprint: dx.doi.org/10.2139/ssrn...

#xPhi #law #textualism

#Textualism

#textualism