This blog is devoted to the tension created as traditional legal concepts are applied to new questions created by technolgy. AKA the problem of trying to fit a square peg in a round hole, to use an old cliche.
I recently ran across an article by a friend of mine, John Amabile and his partners at Parker Poe, Michael Birns and Todd Sprinkle entitled “Textualism Is The Law of the Land in Georgia: What To Do About it?” Here is a link to the article which appeared on December 7, 2017 in jdsupra. The article poses this exact question within the confines of a series of decisions by the Georgia Supreme Court.
“textualism requires the court to apply the plain meaning of the statutory text at the time the statute was originally“
John and his team report that the Georgia Supreme Court has firmly embraced the concept of textualism and rightfully lament the deleterious impact the application of this concept could have on businesses.
Continue Reading Textualism: The Enemy of Innovation?