"Judge Posner emphasized that the reliance on textualism and originalism in legal interpretation serves more as a facade than a genuine practice, revealing a deeper critique of legal philosophies."
"Justice Kagan's concurrence in the D.V.D. case reflects a significant divide in perspectives about the role of legal formalism in influencing legal outcomes and the understanding of the law's purpose."
A judge has been accused of leveraging their legal position to benefit their family's cheesesteak enterprise. The implications of this case touch on ethics within the legal profession. In a separate issue, a partner from Paul Weiss transitioned to Paul Hastings amid claims that all is well at Paul Weiss. Justice Kagan's recent concurrence in D.V.D. illustrates a crucial divide regarding the views on legal formalism versus a more profound philosophical struggle within the legal field. Judge Posner's perspective on textualism highlights its perception as a deceptive practice.
Read at Above the Law
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