Jeffrey Pojanowski on the “Faces of Formalism”

Jace Lington and Bennett Nuss chat with Notre Dame Law Professor Jeffery Pojanowski about his forthcoming paper, “Faces of Formalism.” The paper explores the complexities of formalism in legal interpretation, discussing its two faces: authority and method. They delve into concrete examples, such as Gorsuch’s application of textualism in the Bostock case, and examine the tensions that arise between these two aspects. Pojanowski offers some ideas about how to look for authoritative answers while respecting rules meant to limit judicial discretion.

Notes:

• Faces of Formalism, Jefferey Pojanowski
• Neoclassical Administrative Law, Jeffrey Pojanowski