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6 Feb 2024, 3:36 pm
If you’re interested, good places to start are Part II-C of the Baude/Paulsen article, and Part I-E of Kim Roosevelt’s amicus brief. [read post]
26 Jun 2018, 10:30 am
(In this respect, Justice Gorsuch's opinion owes an obvious debt to Will Baude [read post]
8 Dec 2023, 7:54 am
Indeed, some prominent originalists, including Professors Baude and Paulsen, have quickly jumped ship. [read post]
9 Jan 2024, 9:01 pm
[A new source in the debate over Section 3 of the Fourteenth Amendment.] [read post]
13 Feb 2023, 9:59 am
[Guidance for judicial examination of legal history.] [read post]
7 Sep 2010, 12:46 pm
In his opening essay in this symposium, Jonathan Zittrain ensures us that he is “not exactly a pessimist. [read post]
20 Jun 2021, 9:05 pm
To the surprise of many, the Supreme Court jumped the queue to make new law on religious exemptions before it decided Fulton, via what University of Chicago Law School professor William Baude has called its “shadow docket,” decisions it makes by summary order without briefing or argument. [read post]
19 Mar 2025, 9:54 pm
What Will Baude describes as "look before you leap" is Barrett's consistent level of caution--a caution that Justices Thomas and Alito lack. [read post]
25 Jan 2012, 7:15 am
I did the whole thing over the phone with an acoustic coupler and a 300-baud modem. [read post]
9 Feb 2024, 9:20 am
[Justice Gorsuch demonstrates that he is the Court's most careful, consistent textualist.] [read post]
15 Sep 2024, 9:38 am
Contra Will Baude and Michael Stokes Paulsen in the Harvard Law Review, I think there is much to praise in the per curiam decision. [read post]
7 Sep 2010, 2:12 pm
TLF readers will definitely want to check out the online symposium underway over at the Concurring Opinions blog debating the thesis set forth in Jonathan Zittrain’s important 2008 book, The Future of the Internet and How to Stop It. [read post]
9 Feb 2024, 11:37 am
[Justice Jackson explained that an ambiguous text should be interpreted in favor of expanding democracy. [read post]
20 May 2022, 1:56 pm
According to Koppelman's concluding paragraph, here is what originalists like Barnett, Bray, Sachs, Baude, Kopel, and Natelson think: The narrative is clear. [read post]
3 Feb 2024, 9:52 am
In one of my previous posts, I explained why it's unlikely that a majority of the Justices will hold that the Fourteenth Amendment bars Donald Trump from holding federal office. [read post]
7 Feb 2024, 2:02 pm
In this post, I’ll examine the final two “off-ramp” arguments that Donald Trump offers the Court—arguments that would have the Court reverse the judgment of the Colorado Supreme Court without adjudicating whether the Constitution precludes Trump from serving as President. [read post]
4 Feb 2024, 6:29 pm
Part II of Donald Trump’s brief argues that the factual predicate for the Colorado Supreme Court’s decision to remove Trump’s name from the primary ballot was absent because Trump did not “engage in” an insurrection against the United States on January 6, 2021.[1] [Apologies in advance about all the footnotes, but I didn't want to clutter the text with too many peripheral matters.]The Colorado Supreme Court held that Trump’s words on January 6… [read post]
13 May 2025, 7:03 am
On May 15, the Supreme Court will hear oral arguments in the federal government’s efforts to be able to generally implement President Trump’s executive order ending birthright citizenship – the guarantee of citizenship to virtually everyone born in the United States. [read post]
7 Feb 2024, 2:35 pm
In this post, I’ll examine the final two “off-ramp” arguments that Donald Trump offers the Court—arguments that would have the Court reverse the judgment of the Colorado Supreme Court without adjudicating whether the Constitution precludes Trump from serving as President. [read post]
6 Feb 2015, 6:00 am
Asay cdasay BYU Richard Ashcroft qmulbioethics Queen Mary London Jonathan Askin jaskin Brooklyn Lisa Austin Lisa_M_Austin Toronto Regina Austin raustin92913 Penn Ian Ayres iayres Yale Barbara Babcock bababcock Stanford Sandra Babcock sandralbabcock Cornell Sam Bagenstos sbagen Michigan Stephen Bainbridge ProfBainbridge UCLA Jeffrey Baker JRBProf Faulkner Jack Balkin jackbalkin Yale David Ball wdavidball Santa Clara Derek Bambauer dbambauer Arizona Jennifer Bankier jbankier Dalhousie John Banzhaf… [read post]
