Anita S. Krishnakumar

Vol. 139 No. 3 January 2026 Modern textualism has long criticized the use of practical, or consequentialist, reasoning when construing statutes. And yet in practice, textualist jurists long have invoked practical consequences arguments to help justify their statutory constructions.

Vol. 136 No. 2 December 2022 This Article provides the first empirical and doctrinal analysis of how the modern Supreme Court uses the common law to determine statutory meaning, based on a study of 602 statutory cases decided during the Roberts Court’s first fourteen and a half Terms.