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Reason
Reason
Will Baude

Beyond Textualism? on SSRN

A few months ago I linked to a lecture called "Beyond Textualism?" that I gave at Harvard Law School in the "Scalia Lecture" series—on what the core insight of textualism is and how we might extend it even in cases where the text itself is silent. I now have a written version of those remarks available on SSRN (they will be forthcoming in the Harvard Journal of Law and Public Policy).

It opens:

Last fall, I was at another law school, visiting with a friend, a co-author. So of course, we started talking about legal interpretation. I went into his office, he shut the door, and then the first thing he asked me was, "Do you think textualism has sort of played itself out?" This lecture is about the answer to that question.

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