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15 Oct 2018, 8:00 am
For the Symposium on Jonathan Gienapp, The Second Creation: Fixing the American Constitution in the Founding Era (Belknap Press, 2018).Jonathan Gienapp's new book, The Second Creation, retells the story of the first decade of the U.S. [read post]
6 Sep 2023, 11:44 pm
A number of thoughtful scholars including Mark Graber and Gerard Magliocca on this very blog have made the case along with Baude and Paulson that in order to give force to 14.3, state and local decision-makers with the authority to decide who goes on the ballot should exclude Trump from the ballot. [read post]
18 Dec 2014, 2:35 pm
" (p. 55).This positive theory of originalism that Steve Sachs and Will Baude are working on has three advantages.First, it is potentially consistent with many different forms of originalism, including the thin theory of original meaning. [read post]
Labels Matter: How Professor Jack Balkin Snookered Justice Kagan and Others to Fuel Faux Originalism
15 Sep 2021, 4:30 am
Of course, a liberal Supreme Court nominee saying we are all originalists is great fodder for Baude's belief that, despite centuries of non-originalist decisions by the Supreme Court, somehow originalism is our law.All of this, in a word, is nonsense. [read post]
25 Oct 2020, 6:20 pm
Law professor William Baude coined it in 2015 to refer unofficially to the body of orders issued by the Supreme Court outside the formal opinions in the 70 or so cases in which it hears oral argument each term. [read post]
9 Apr 2018, 2:00 pm
As Professor William Baude explains, “[t]he doctrine of qualified immunity prevents government agents from being held personally liable for constitutional violations unless the violation was of ‘clearly established’ law. [read post]
19 Apr 2018, 5:19 am
Will Baude and I filed an amicus brief supporting the AFSCME position in Janus, and I naturally hope Justice Gorsuch will agree with us. [read post]
19 Sep 2018, 1:31 pm
Baude (Yale 2007 / McConnell), law professor at ChicagoJeffrey M. [read post]
20 Feb 2018, 10:58 am
Will Baude and I, though, take the view that there's just no First Amendment problem here in the first place, and have signed on to an amicus brief that so states. [read post]
7 Feb 2024, 6:25 pm
See also Baude/Paulsen at pp. 11-16; Cawthorn v. [read post]
2 Apr 2018, 11:56 am
., at 8–9); see also Baude, Is Qualified Immunity Unlawful? [read post]
8 Feb 2024, 2:41 pm
Two scholars who are not here are William Baude of the University of Chicago law school and Michael Stokes Paulsen of the University of St. [read post]
27 Jun 2022, 11:30 am
Baude, Constitutional Liquidation, 71 Stan. [read post]
14 May 2019, 6:56 am
The court cited important scholarship by Ann Woolhandler, James Pfander, Caleb Nelson, Bradford Clark and others, but neglected a bracing amicus brief by Will Baude and Steve Sachs. [read post]
15 Sep 2023, 11:08 pm
A draft law review article taking issue with Baude and Paulsen, co-written by Josh Blackman and Seth Barrett Tilman, entitled Sweeping and Forcing the President into Section 3: A Response to William Baude and Michael Stokes Paulsen makes a good case that what happened on January 6, 2021 was not an "insurrection" and that the Baude/Paulsen reading of Section 3 of the Fourteenth Amendment is wrong. [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]
12 Apr 2022, 5:55 am
(Stefaan Voet, KU Leuven University) 15:15 – 16:30 Panel discussion with: Judge Roth Judge Chorus Judge Reuschle Panel moderated by Maria José Azar-Baud (University of Paris-Saclay, France) & Ianika Tzankova (University of Tilburg, the Netherlands) 16:30-17:15 Questions & Answers session with the audience (moderated by Magdalena Tulibacka, Oxford University, UK/Emory University – United States and with the participation of the representatives of the… [read post]
1 Nov 2019, 3:56 am
Also at Volokh Conspiracy (via How Appealing), Will Baude passes on Todd Henderson’s thoughts about Sharp v. [read post]
13 Mar 2024, 6:13 am
EPA (though that seems to be ebbing after the Court's last term, as Will Baude and I explain here). [read post]
8 Aug 2016, 3:05 am
When he guestblogged for us, Will Baude was a student at the University of Chicago Law School. [read post]
