Professor Wright believes that no provision of the Civil Rules has been quoted and cited more often than this one.1 This success is due to the fact that the "clearly erroneous" phrase has no intrinsic meaning. It is elastic, capacious, malleable, and above all variable. Because it means ...
Literalism and originalism share a core commitment to the idea that their relevant texts have a timeless, fixed meaning that is readily ascertainable. In addition, both interpretive approaches are in significant part projects of restoration; both are deeply concerned about the loss of constraint ...