The Volokh Conspiracy

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The 2023 Scalia Lecture: Beyond Textualism?


On Monday, I delivered the 2023 Scalia Lecture at Harvard Law School. My title was "Beyond Textualism?" and I discussed "the reductio ad Bostock"; the role of substantive canons and the major questions doctrine; Erie, legal realism, and the common law; and the original meaning of the Privileges or Immunities Clause—in roughly that order.

I hope to publish a version of this in due course, but in the meantime, you can watch it here (with a short introduction by Dean John Manning) if you are interested: