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7 Sep 2022, 5:01 am
William Baude has elaborated the Madisonian concept of liquidation, in which three things are necessary to settle meaning: "indeterminacy, a course of deliberate practice, and settlement. [read post]
30 Jul 2021, 8:30 am
Second: The court struggled valiantly, and with hardly a hitch, to keep up with opinion-writing, even while closeting some of its substantive work on the “shadow docket,” in William Baude’s apt phrase. [read post]
26 Nov 2012, 3:48 am
Nobody even dreamed of a 1200 baud external modem. [read post]
22 Apr 2012, 9:35 am
Update: The great Will Baude points out that I originally counted U.Michigan as having its number one placement in state, when, in fact, it is NYC. [read post]
10 May 2019, 12:30 pm
Featuring: Tacy Flint of Sidley Austin, Will Baude of UChicago Law, and Jim Pfander of Northwestern Law. [read post]
5 Jan 2024, 6:06 am
By contrast, Congress has twice acted to remove the disqualification for office from individuals covered by Section 3, once in 1872 and once in 1898 (Baude and Paulsen: 2024). [read post]
18 May 2009, 7:10 am
The denial came in Baude v. [read post]
10 Aug 2023, 3:44 pm
UPDATE: For much more detail on these matters, see Will Baude's & Michael Stokes Paulsen's The Sweep and Force of Section Three, forthcoming in the University of Pennsylvania Law Review.The post Trump Is Disqualified from Being on Any Election Ballots appeared first on Reason.com. [read post]
25 Apr 2017, 3:39 am
” Another look at Sotomayor’s dissent, and at Justice Samuel Alito’s concurrence in the denial, comes from Will Baude at The Washington Post’s Volokh Conspiracy blog, who questions Alito’s “description of the court’s neutral principles of certiorari,” observes that “the broader pattern of qualified immunity cases … suggests a double standard for the court’s jurisdiction,” and notes that “in the past 35… [read post]
6 Jun 2018, 4:29 am
” Also at PrawfsBlawg, Will Baude suggests that “we need to think more carefully about what the ‘predictive model’ actually is and whether we might be able to refine it into something that makes sense. [read post]
9 Feb 2017, 11:15 pm
As Will Baude explains, this is just a preliminary decision that leaves a number of key issues for the future. [read post]
26 Oct 2022, 6:30 am
For the Balkinization symposium on James E. [read post]
8 Jul 2024, 4:55 am
” Last year, two generally conservative scholars—Professors William Baude and Michael Stokes Paulsen—released a draft of an article (subsequently published in the University of Pennsylvania Law Review) arguing that Section 3’s language automatically disqualified former President Donald Trump from seeking the Presidency as a consequence of his actions leading up to and on January 6, 2021. [read post]
7 Jan 2019, 6:44 am
El Decano de Harvard John Manning y los originalistas Will Baude y Stephen Sachs han sugerido que los principios de la "interpretación de las leyes", incluidos los cánones, deberían informar la interpretación constitucional.Dado este nuevo entusiasmo por los cánones, y su convergencia tanto en el derecho constitucional como en la interpretación de las leyes ordinarias, no es sorprendente que ahora tengamos dos tratamientos de los… [read post]
3 Aug 2018, 12:17 pm
In July 2016, Professor Will Baude wrote that the Tillman has "singlehandedly shifted the burden of proof. [read post]
23 Jun 2020, 1:43 pm
I am quite excited by the exchange between Jack and Chris Green about the meaning of the oath of fidelity to the Constitution. [read post]
17 Jan 2023, 6:30 am
To be sure, some scholars these days (especially William Baude and Stephen Sachs) contend that originalism broadly understood is already the law. [read post]
23 Jul 2018, 5:51 am
As many scholars have long explained (including my colleagues Greg Klass and David Luban, as well as, more recently, Eugene Volokh and Will Baude), Justice Alito is right that "Abood was poorly reasoned"--but in the other direction. [read post]
18 Jan 2023, 5:00 am
To be sure, some scholars these days (especially William Baude and Stephen Sachs) contend that originalism broadly understood is already the law. [read post]
3 Apr 2018, 1:02 am
My friend and co-blogger Will Baude asks an interesting question: What explains the Supreme Court's continued interest in reviewing seemingly fact-bound lower court decisions on qualified immunity? [read post]