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31 Dec 2013, 3:00 am
Here's the abstract: In this response to William Baude's article, Rethinking the Federal... [read post]
30 Dec 2013, 4:30 am
For more on Baude's piece, which appeared in Volume 122 of the Yale Law Journal, follow the link. [read post]
23 Dec 2013, 7:15 pm
(Will Baude) Like Jonathan (posting directly below) I saw a lot of early reports suggesting that Judge Black, in the Southern District of Ohio, had invalidated Ohio’s ban on same-sex marriage. [read post]
23 Dec 2013, 9:07 am
(Will Baude) The Green Bag has picked, as an example of “exemplary legal writing,” Professor Stephen Sachs’s amicus brief in Atlantic Marine v. [read post]
23 Dec 2013, 4:10 am
[Thanks to William Baude at Volokh Conspiracy for the lead.] [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]
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]
20 Dec 2013, 11:59 am
(Will Baude) The Harvard Law Review contains a new essay on discretion by the late, great, H.L.A. [read post]
19 Dec 2013, 2:38 pm
(Will Baude) Today President Obama commuted the sentences of eight people all serving long crack sentences that might well be illegal if given today. [read post]
16 Dec 2013, 4:43 pm
Our own Will Baude has already posted about the article, which discusses the proper scope of the President’s discretion to decline enforcement of particular federal statutes in some or all cases. [read post]
15 Dec 2013, 4:19 pm
(The VC co-authors were William Baude, Dale Carpenter, and Eugene Kontorovich, plus former VC writer Michael McConnell.) [read post]
7 Dec 2013, 7:32 am
(Will Baude) Yesterday the Department of Interior finalized a rule that allows wind farms to get 30-year permits allowing them to kill federally-protected eagles. [read post]
3 Dec 2013, 4:27 pm
(Will Baude) Orin asks below about the precedential status of circuit court opinions — like the D.C. [read post]
3 Dec 2013, 11:37 am
(Will Baude) The third issue addressed in our amicus brief is the validity of the Senate’s pro forma sessions under the Recess Appointments Clause. [read post]
3 Dec 2013, 9:14 am
(Will Baude) Justice Scalia’s opinion today in United States v. [read post]
2 Dec 2013, 12:13 pm
(Will Baude) I spent Thanksgiving weekend in Ohio, where our local paper ran a quite interesting story about the chaos that can ensue for his/her clients when a lawyer dies or is disbarred. [read post]
2 Dec 2013, 9:36 am
(Will Baude) The second issue addressed in our amicus brief is what the Recess Appointments Clause means by “recess” and “session. [read post]
29 Nov 2013, 9:28 pm
(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]
29 Nov 2013, 7:45 am
(Will Baude) The Recess Appointments Clause, recall, says: “The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session. [read post]
28 Nov 2013, 9:37 am
(Will Baude) Happy (American) Thanksgiving to all readers! [read post]
