McCall on The Differing Ground on Which Textualists and Classical Lawyers Stand @Vermeullarmine @thenewdigest @Caseyco231 @UofOklahomaLaw

Brian McCall, University of Oklahoma College of Law, has published The Differing Ground on which Textualists and Classical Lawyers Stand. Here is the abstract.

In this essay I respond to the essay of Conor Casey and Adrian Vermeule's essay “Judge Rao's Unintentional Surrender: On the Augustan Settlement of Our Law,” The New Digest 1 (23 August 2023). Although I agree with their overall argument, I offer two suggestions to an explanation of the apparent surrender of Textualists to Classical Common Good Constitutionalism. Yet, I conclude with a warning that the apparent settlement may not be permanent.

Download the essay from SSRN at the link.