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17 Aug 2021, 6:47 pm
Will Baude's description of the "shadow docket" is one of the most important contributions to Supreme Court scholarship in the past decade. [read post]
13 Jul 2015, 12:18 pm
What we do when we make promises and what it means are both interesting and important questions, so when I saw Will Baude’s review of Richard Re’s forthcoming Promising the Constitution had the title “The Power of Promises,” I read Richard’s article straightaway. [read post]
22 Dec 2013, 7:00 am
(Will Baude) One question that quite fascinates me is whether the original meaning of the Constitution is “the law” — in the sense that it describes the positive law of the United States. [read post]
7 Oct 2013, 2:41 pm
(Will Baude) An academic amicus brief got heavy attention in the Supreme Court today (and no, it wasn’t Steve Sachs’s — that case will be argued Wednesday). [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]
22 Oct 2013, 11:43 am
(Will Baude) This story has an interesting wrinkle in the question of which marriages count for purposes of federal law. [read post]
21 Dec 2013, 7:15 am
(Will Baude) One interesting issue I encountered in my various research projects on marriage is how transgender individuals interact with the law of same-sex marriage. [read post]
26 Oct 2014, 9:33 pm
(Here's some coverage from Doug Berman on Sentencing Law and Policy and more from Will Baude at the Volokh Conspiracy.) [read post]
15 Apr 2015, 7:41 am
A big thanks to Will Baude for alerting me to yesterday's fascinating decision by the Fifth Circuit in United States v. [read post]
22 Oct 2013, 10:34 am
Here are some posts from supporters:Will Baude, In Defense of Law Reviews, Volokh Conspiracy, Oct. 21, 2013 Orin Kerr, The Relevance and Readership of Student-Edited Law Reviews: Another Response to Liptak, Volokh Conspiracy, Oct. 21, 2013 Matt Bodie, Et Tu, Adam? [read post]
29 Aug 2013, 2:49 pm
(Will Baude) Mike Rappaport has an interesting post about how to justify originalism. [read post]
30 Sep 2013, 8:30 am
(Will Baude) Michael Dorf has an interesting and careful post where he analyzes whether last Friday’s decision in Garden State Equality v. [read post]
8 Nov 2013, 6:41 am
(Will Baude) There were a lot of high-profile cases argued at the Court this week, but one case that was argued was Walden v. [read post]
13 Jun 2017, 1:35 am
Baude and others have worried over what portion of the Second Circuit's judgment was affirmed. [read post]
15 Jan 2014, 4:01 am
(Stewart Baker) Will Baude’s post on commandeering prompts me to revisit the doctrine after a twenty-year absence. [read post]
Of Insurrections, Presidents, and the Utter Failure of Constitutional Law to Address the Real Issues
14 Aug 2023, 4:00 am
"Baude and Paulsen then spend 14 law review pages and countless footnotes explaining why Chase was wrong on every point he made. [read post]
19 Feb 2014, 7:08 pm
To continue my occasional side comments on Will Baude’s originalism posts, my view (and what I tell my students) is that in practice the choice in interpreting the Constitution, at least when it comes to Supreme Court decisions, is not really “originalism versus non-originalism” but “how much weight do we give orignalism? [read post]
6 Aug 2013, 9:50 pm
(Will Baude) I’ve seen some skeptical responses to my previous post about corporations and free exercise, of which Dahlia Lithwick’s and David Gans’s are emblematic. [read post]
3 Feb 2014, 11:23 am
I've been following the excellent discussion of originalism by Eric Posner and Will Baude, and I was particularly interested in Will's post about the relationship between originalism and judicial precedent. [read post]
25 Sep 2014, 7:02 am
Orin Kerr and Will Baude had serious misgivings and Sasha Volokh, while sympathetic on policy grounds, found the court’s opinion inadequate. [read post]
