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17 Jul 2020, 9:46 am
In the footnotes I mention the idea, advanced recently by William Baude and Stephen Sachs, that Brownwas in fact an originalist decision despite the Court’s apparent determination that historical evidence (a more neutral term than originalism) was no help.Baude and Sachs evidently disagree with my argument about Brown, but for all the work they have done to this point, it is not clear why. [read post]
14 Jan 2014, 5:15 am
Explainers by Trevor Burrus and William Baude at Forbes and by Nina Totenberg at NPR . [read post]
28 Jan 2019, 7:31 am
We’ve got a breather between sittings, so Professor Stephen Sachs joins us as we recap an opinion, take a look at some grants and orders, discuss whether law school clinics are good or bad ideas, and ask a lot of questions about his and Professor William Baude’s amicus brief in Franchise Tax Board of California v. [read post]
3 Dec 2018, 3:30 am
William Baude and Ryan Doerfler, Arguing with Friends, 117 Mich. [read post]
12 Dec 2011, 3:32 pm
(William Baude, guest-blogging) A number of commenters have asked about the relationship between law and marriage. [read post]
16 May 2014, 8:22 am
Will Baude offers his thoughts. [read post]
13 Sep 2023, 6:30 am
In a new article, William Baude and Michael Stokes Paulsen argue that the answer is yes because “essentially all the evidence concerning the original textual meaning of Section Three . . . points in the same direction . . . . [read post]
19 Dec 2016, 4:41 am
Here is a taste of the initial Richard Posner piece that provoked our reply, with the kind of title that only Richard Posner could get away with: “What Is Obviously Wrong With the Federal Judiciary, Yet Eminently Curable, Part II”: …And so “originalism” is nonsense, as the evidence shows and even some leading originalists come close to conceding — William Baude, for example. [read post]
23 May 2014, 6:30 am
A little while ago, I wrote about Williams v. [read post]
16 May 2014, 7:00 am
Thanks to Will Baude, over at VC, for posting some of Justice Scalia's comments in his William & Mary College of Law graduation address. [read post]
18 Dec 2011, 10:19 am
(William Baude, guest-blogging) Before I go, I wanted to leave you with a few thoughts about these legal issues that go beyond the issue of DOMA and same-sex marriage. [read post]
14 Dec 2011, 5:53 pm
(William Baude, guest-blogging) Before we dive deeper into the federal cases I blogged about this morning, I thought it would be helpful to clarify a point featured in several comments. [read post]
16 Dec 2011, 8:19 pm
(William Baude, guest-blogging) Amidst all of my many posts about what federal courts should do if DOMA is struck down, I thought I should say a little bit about Congress. [read post]
1 Jul 2014, 10:50 am
Williams’s case. [read post]
20 Jun 2016, 9:54 am
In a new article, William Baude and Stephen Sachs claim that "interpretive rules are conceptually possible, normatively sensible, and actually part of our legal system. [read post]
21 May 2016, 2:58 pm
My first candidates would be Randy Barnett Roger Pilon Janice Rogers Brown Alex Kozinski David Sentelle William Baude Larry Becraft Stephen Calabresi Elizabeth Price Foley Michaek Greve Kurt Lash Gary Larson Andrew Napolitano Robert Natelson Roger Roots Lawrence Solum These are taken from http://constitution.org/cs_peopl.htm , not including some who are social conservative or too old. [read post]
15 Jul 2011, 7:37 am
William Baude of Robbins, Russell has this article on SSRN on the actual innocence problem, with particular reference to the Troy Davis case. [read post]
4 Feb 2015, 5:49 am
In an op-ed for The New York Times, William Baude urges the Court to provide more information regarding the orders that it issues, arguing that, with “[t]he court . . . in the spotlight more and more, “[t]ransparency in all its decisions is vital to its continued legitimacy. [read post]
22 May 2022, 5:53 pm
Severability First Principles by William Baude (109 Virginia Law Review forthcoming)An Overview of Privacy Law in 2022 by Daniel J. [read post]
7 Oct 2019, 3:01 am
Supreme Court reconvenes for new term and tomorrow will hear cases over whether Title VII ban on sex discrimination extends to sexual orientation and gender identity [SCOTUSBlog symposium with contributors including Richard Epstein, William Eskridge; Will Baude, Volokh Conspiracy; George Will; earlier here, here, here, etc.] [read post]
