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Counterintuitive Consequences of "Plain Meaning"

Abstract

Many scholars are finding Justice Scalia's insistence on "plain meaning" to be a welcome interpretive tool in controlling and constraining judicial decisionmaking. Professor D'Amato argues that such a tool will not do the job, that quantum theory shows the world itself cannot be encapsulated in verbal formulas, and, counterintuitively, enacting plainly-worded statutes to control behavior can result in a lessened degree of control.

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33 Ariz. L. Rev. 529 (1991)

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Authors

Anthony D'Amato (Northwestern University)

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