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25 Sep 2017, 7:04 am
Prior to the election, William Baude wrote that “Professor Tillman’s theory makes sense of patterns that most of us never saw. [read post]
19 Sep 2017, 6:23 am
Fred reviews Will Baude’s recent article, Is Qualified Immunity Unlawful? [read post]
18 Sep 2017, 1:14 pm
The new Courts Law essay comes from new contributor Fred Smith (Emory), reviewing William Baude, Is Qualified Immunity Unlawful? [read post]
14 Sep 2017, 3:30 am
William Baude, Is Qualified Immunity Unlawful? [read post]
14 Sep 2017, 3:30 am
William Baude, Is Qualified Immunity Unlawful? [read post]
6 Sep 2017, 4:00 am
As Baud and St-Hillaire note, there may be some legal grounds for the Court to change its decision (through s. 3(1) of the Court’s Rules or by implication) but those grounds are at best uncertain; Baud and St-Hillaire describe the Chief’s decision as a “seemingly unprecedented use of…an unclearly established power”. [read post]
1 Sep 2017, 4:24 pm
California – Baude (6/14) Posner on Lochner (or Posner v. [read post]
29 Aug 2017, 7:56 pm
"Originalism as a Constraint on Judges": Law professor William Baude has posted this essay on SSRN. [read post]
7 Aug 2017, 4:43 pm
We agree with the diagnosis of important scholars in this field — from Richard Fallon and Cass Sunstein to Will Baude and Steve Sachs — but reject their proposed cures. [read post]
26 Jul 2017, 2:41 pm
As Will Baude and Ryan Doerfler note in their elegant and provocative essay, the “plain statement rule” for statutory interpretation is a puzzling idea. [read post]
16 Jul 2017, 5:35 pm
If you are a federalism nerd (I plead guilty), then you might also be familiar with the Full Faith & Credit argument in favor of this bill, a theory championed by Stephen Sachs, Randy Barnett, and Will Baude, based on Stephen Sachs' erudite and creative Virginia Law Review piece analyzing the history of Article IV's FF&C clause in the pre-constitutional period, the ratification debates, and the... [read post]
2 Jul 2017, 9:28 pm
"Leave the SCOTUS ghostwriters alone (SCOTUS Symposium)": Will Baude has this post at "PrawfsBlawg. [read post]
29 Jun 2017, 8:24 pm
Consider, for example, leading originalist Larry Solum’s contention that “constitutional theory should be oriented towards the search for truth,” or Will Baude’s observation that many originalists believe “the original meaning of a document is its realmeaning,” or Baude’s own claim that positivist inquiry shows originalism to be “the law. [read post]
28 Jun 2017, 3:59 am
At PrawfsBlawg, Will Baude speculates on a possible connection between the justices’ dispositions of these two cases. [read post]
27 Jun 2017, 12:59 pm
Liptak quotes my co-blogger William Baude reflecting on the term: “It has been a quiet term, and that is a good thing for the country,” [Baude] said. [read post]
20 Jun 2017, 4:29 am
” At PrawfsBlawg, Howard Wasserman weighs in on the decision here, and Will Baude looks at Justice Clarence Thomas’ separate opinion, in which Thomas expressed “skepticism … about the doctrine of qualified immunity,” here. [read post]
19 Jun 2017, 2:08 pm
See generally Baude, Is Qualified Immunity Unlawful? [read post]
13 Jun 2017, 2:57 pm
[Volokh Conspiracy / Washington Post] * My colleague Elie Mystal yesterday offered an ideological critique of Justice Ginsburg's opinion in Morales-Santana; Professor Will Baude has a technical one (and I think he might be right). [read post]
13 Jun 2017, 2:08 pm
"Arguing with Friends": Law professors William Baude and Ryan D. [read post]
13 Jun 2017, 4:45 am
” At PrawfsBlawg, Will Baude poses a “more basic question about the judgment in the case,” asking: “[W]hat part of the Second Circuit’s judgment, exactly, did the Supreme Court actually affirm? [read post]
