TONIGHT: Liberty, Equality, Federalism!

[Anjali Motgi]

Well... sort of. More like, an examination of Scalia's "new textualism" and the canons of statutory interpretation. Professor Eskridge's paper for this week's Progressive Scholarship Workshop (attached) is accessible and incredibly interesting, and I guarantee you'll be glad you read it. You know that Justice Scalia : legislative history :: Justice Thomas : questions at oral argument--but do you understand the rationale behind his change of attitude? Have you ever wondered if there's merit to his approach to statutory interpretation; and, if not, why he's wrong? Find out, in plain terms, what Justice Scalia means by "plain meaning," and why everybody is talking about his new book, when 

Professor Bill Eskridge presents at Progressive Scholarship Workshop  TONIGHT at 6:30 pm, in Room 121.

Three reasons why this week's workshop--like every week's workshop--is going to be stellar:

1. Professor Bill Eskridge is presenting. You may remember him from this video, in which he warmed our hearts with his love for Constitution Day and its namesake. Don't you want to celebrate the Constitution with him again?
• Professor Eskridge is on leave this semester, making Tuesday's workshop a rare opportunity to catch him in SLB this term.
2. Professor Eskridge is presenting an article titled "Justice Scalia's Living Textualism and Our Normative Canons," (attached) a forthcoming review of the new book written by Justice Scalia and Bryan Garner, Reading Law: The Interpretation of Legal Texts. In the paper, Professor Eskridge argues: [T]he conceptual agenda of the Scalia and Garner book seems to be largely a repetition of Justice Scalia’s frequently expressed views about textual interpretation, the proper role of the judge, and the many reasons judges should not rely on legislative history.  What is new about the book is its effort to set forth a collection of “valid canons” of statutory construction [but t]he authors do not quite succeed in this novel project. . . .This review will explore three big problems with the Scalia-Garner canons as a set of rules that constrain judges and implement original meaning. . . .If I am right about these problems, the actual effect of the Scalia and Garner canons would not be judicial restraint, but instead a living, dynamic textualism. This paper is especially exciting because:
• The book, released this summer, is getting some attention (see the latest punchy piece in the Posner-v-Scalia battle here). But, you are busy, and it is highly unlikely that you will find time to read the book in its entirety. Professor Eskridge's review is a fabulous way to get a sense of the strengths and weaknesses of the book's argument.
• Professor Eskridge is presenting the paper at Monday's faculty workshop, meaning that he'll be well primed for your thoughtful comments and responses at Tuesday's PSW. 
3. PSW is on Tuesday--sandwiched between the first presidential debate and the start of the SCOTUS term--making it an ideal time to think about statutory interpretation, Justice Scalia, and *why this election matters*... I realize that ACS is also hosting a Progressive Primer at the same time tonight. 2Ls/3Ls/LLMs, that means you'll get to meet with Professor Eskridge in an especially intimate setting. You won't want to miss it!

I hope to see you all TONIGHT!

Three cheers for progressive scholarship,

Anjali 

[Anjali Motgi]

Friends,

I'm sorry to spam your inboxes this morning, but I just wanted to let PSWers in on a couple of extra-compelling reasons to come tonight:

1. FREE FOOD! Regular attendees of PSW (e.g., those of you on this list) are invited to swing by Room 129, where the ACS Progressive Primer will be happening, and grab food before the start of our Workshop tonight.

2. ESKRIDGE IS ON LEAVE. May of you know that it's rare for professors who are on leave to participate in much of anything while they're away. This is seriously one of the only chances you'll have to see/chat with Professor Eskridge this fall. Also, he's an engaging speaker who loves to tell stories, so PSW is sure to be a good time. 

Hope to see y'all there!

Anjali