3052,3054 (2015) ("A private entity, through contractual arbitration provisions, can now significantly reduce or even remove its substantive legal obligations by eliminating claiming."); David Horton, Federal Arbitration Act Preemption,
Purposivism, and State Public Policy, 101 GEO.
As a result,
purposivism is unlikely to ultimately prove a successful argument for states, and it remains worth examining whether the Constitution might give states any leniency from the Lanham Act's regulations.
Purposivism is a related--though distinct--theory that places great weight on the purpose of the statute.
Purposivism Encourages Agencies to Resolve Statutory 1401
Even if there are some cases where textualism and
purposivism fully overlap--i.e., where textualists and purposivists use the same evidence in the same way--it is not at all clear that judges can determine when this is the case.
They have been popularized as textualism, (218) intentionalism, (219) originalism, (220)
purposivism, (221) pragmatism, (222) realism, (223) critical legal theories, (224) and Dworkinianism.
Supreme Court appears to be relying more on
purposivism, or at least
355 (2012) (observing and arguing for judicial use of
purposivism to interpret administrative regulations).
purposivism. (267) Interpreters might altogether disregard a
6 has remained consistent since the original version of that provision was enacted in 1875, and it has always excluded former advocates." (102) The clear meaning of the text--particularly at the time of an enactment--is an overriding preoccupation of originalists, but seems to contradict more flexible forms of
purposivism sometimes advocated in the Canadian context.
(102) But
purposivism cannot cure all overinclusiveness,