Second-Generation Textualism
View/ Open
Manning.FINAL.pdf (594.5Kb)
Access Status
Full text of the requested work is not available in DASH at this time ("restricted access"). For more information on restricted deposits, see our FAQ.Author
Published Version
http://www.californialawreview.org/assets/pdfs/98-4/Manning.FINAL.pdfMetadata
Show full item recordCitation
John F. Manning, Second-Generation Textualism, 98 Calif. L. Rev. 1287 (2010).Abstract
In his perceptive histories of the late-twentieth-century revival of interest in statutory interpretation theory, Philip P. Frickey, always modest, predictably failed to account for his own large contribution to the debate. Assessing this contribution, of course, would present difficulty for anyone, as the work spans so widely. With his frequent coauthor, William Eskridge, Professor Frickey explained statutory interpretation as a form of practical reasoning that transcends any single foundational approach to the subject; thoughtfully explored the utility and dangers of the Supreme Court‘s renewed interest in canons of construction, both substantive and procedural; and developed an intellectually rich casebook that reintroduced Legislation as a core element of the law school curriculum. Writing on his own, Professor Frickey enriched our understanding of the canon of constitutional avoidance as a pragmatic instrument for a Court to use in times of political peril, the transitional problems associated with abrupt changes in the Court‘s approach to statutes, and the importance of judicial craft in statutory cases.Other Sources
http://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=1078&context=californialawreviewCitable link to this page
http://nrs.harvard.edu/urn-3:HUL.InstRepos:11337421
Collections
- HLS Scholarly Articles [1910]
Contact administrator regarding this item (to report mistakes or request changes)