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29 Nov 2013, 9:28 pm by Will Baude
(Will Baude) People have been passing around this column by Charles Krauthammer criticizing President Obama’s recent campaign of enforcement discretion (with respect the Affordable Care Act and otherwise), calling it “a gross violation of his Article II duty to take care that the laws be faithfully executed. [read post]
8 Jan 2014, 8:43 am by Will Baude
(Will Baude) Eric Posner has posted a few comments on our first class on originalism, including his thoughts on Heller: It seems to me that the text of the Second Amendment suggests that the right to bear arms is tied to serving in a militia, though not unambiguously, and that the exhaustive historical research discussed by the Court does not resolve the ambiguity one way or the other. [read post]
12 Sep 2013, 5:25 pm by Will Baude
(Will Baude) Sometimes it is hard to know what one is supposed to do or say about a tragic event. [read post]
26 Nov 2013, 10:55 am by Will Baude
(Will Baude) Yesterday, Michael McConnell and I filed an amicus brief in NLRB v. [read post]
6 Nov 2013, 10:15 pm by Will Baude
(Will Baude) In my new article, Rethinking the Federal Eminent Domain Power, I begin by explaining a theory of the Necessary and Proper Clause that I call the idea of “great powers. [read post]
27 Sep 2013, 2:13 pm by Will Baude
(Will Baude) A New Jersey trial court just invalidated New Jersey’s current civil union regime, holding that the state is required to let same-sex couples marry, not just get civil unions. [read post]
20 Sep 2013, 1:42 am by Will Baude
(Will Baude) I’ve just finished reading, and rather enjoyed, Tyler Cowen’s latest book: Average is Over. [read post]
19 Oct 2023, 9:01 pm by Jon May
Baude and Paulsen spend a majority of their 126-page law review article explaining why Section 3 must be self-executing. [read post]
29 Feb 2024, 4:30 am by Lawrence Solum
Baude and Paulsen argue that, as President of the United States, Trump was an officer of the United States. [read post]
23 Apr 2014, 12:00 pm
William Baude, University of Chicago Law School, has published Zombie Federalism. [read post]
16 Jun 2023, 9:30 pm by ernst
Kaius Tuori on pacta sunt servanda and the role of tradition and history in the making and legitimizing legal rules.Via the Volokh Conspiracy: Will Baude (University of Chicago Law School), on "Codifers' Errors and 42 U.S.C. 1983. [read post]
15 May 2024, 5:41 am by ncoloma
Levi Distinguished Service Professor of Law; William Baude, Harry Kalven, Jr. [read post]
29 Nov 2016, 3:03 pm by Will Baude
As you may already know, every couple of years Congress considers whether to pass the Employment Non-Discrimination Act, a federal statute that would ban employment discrimination on the basis of sexual orientation, much as discrimination on the basis of race, sex, etc. are already banned. [read post]
14 Feb 2014, 6:57 am
I just spent a while listening to the oral argument in Notre Dame v. [read post]
21 Sep 2014, 10:09 am
Lots of folks on the internet have been talking about the recent district judge decision in Perez v. [read post]
9 Dec 2014, 5:20 am
Right before Thanksgiving I participated in a debate on constitutional interpretation with my visiting colleague Alon Harel (whose work I discussed here). [read post]
4 Feb 2017, 11:23 am by Will Baude
Consider two different ways that an executive official can criticize a federal court. [read post]