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Posts by William Baude

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That is a much more interesting question, though I am not sure I agree with the premise!

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blog.dividedargument.com/p/the-non-sc...

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January 2019 — AALS!

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Backup backup backup backup argument | Divided Argument We recap and reflect on the oral arguments in Trump v. Barbara (the birthright citizenship case) and then analyze the Court's recent decision in Chiles v. Salazar, about the First Amendment limits on ...

dividedargument.com/episodes/bac...

2 weeks ago 7 2 2 1
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A Scholarly Roundtable on History and Practice A discussion with Christian Burset, Jonathan Green, and Ryan Snyder

blog.dividedargument.com/p/a-scholarl...

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It may be a new world, but it’s the same Constitution.

2 weeks ago 17 3 2 0
The Jerome Hall Lecture featuring William Baude
The Jerome Hall Lecture featuring William Baude YouTube video by IU Maurer

Beyond Tit-For-Tat, my Jerome Hall lecture www.youtube.com/watch?v=fOfj...

1 month ago 7 0 0 0
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The Jerome Hall Lecture featuring William Baude Beyond Tit-for-Tat One of the most widespread constitutional problems today is that our constitutional norms are one-sided. We try to follow im...

We're excited to host Prof. @williambaude.bsky.social tomorrow for the Jerome Hall Law Lecture. His presentation, "Beyond Tit-for-Tat," will begin at 12 p.m. Eastern and will be livestreamed. Register to attend via Zoom: events.iu.edu/lawiub/event...

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I didn’t know whether you aware of this body of literature and find it incorrect or irrelevant, or didn’t know about it, hence the brief initial reply.

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Yes, The Founders Were Originalists Jonathan Gienapp's <i>Against Constitutional Originalism</i> accuses originalism of a kind of self-defeat, arguing that the Founders weren’t really originalists

There are too many relevant papers to link easily, but here are two:

chicagounbound.uchicago.edu/cgi/viewcont...

papers.ssrn.com/sol3/papers....

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I won’t speak for Sai, but on my view, what interpretive principles we should use are governed by law; and for the Constitution specifically, our law of interpretation is the founders law of interpretation, plus any lawful changes to that law since then.

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The Law of Interpretation

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Supreme Court Stays to State Courts a few thoughts on the relationship of 28 U.S.C. 1257 and 28 U.S.C. 1651(a)

blog.dividedargument.com/p/supreme-co...

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For the Fun of the Surf In northwest Indiana, there’s a 20-mile stretch of Lake Michigan that’s dominated by industry. It’s some of the dirtiest water in the lake, but it's also home to some of the biggest waves anywhere on ...

“Chicago is a beach town.”

www.interlochenpublicradio.org/podcast/poin...

1 month ago 6 1 0 0
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blog.dividedargument.com/p/the-americ...

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When Extremism Becomes Moderation A Comment on Justices Gorsuch and Kavanaugh

Co-post with @williambaude.bsky.social
blog.dividedargument.com/p/when-extre...

1 month ago 2 1 0 0
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I’ve posted a short piece for lay readers on Youngstown papers.ssrn.com/sol3/papers....

1 month ago 11 1 2 1
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New Episode: "Betty Boop or Shakespeare" In the latest episode of the podcast, we dig into the tariffs decision.

blog.dividedargument.com/p/new-episod...

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Yes

2 months ago 1 0 0 0
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Call for papers!

www.law.uchicago.edu/form/uchicag...

2 months ago 26 16 2 1
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www.law.uchicago.edu/news/does-un...

2 months ago 8 1 1 0

‘The Justices Might Actually Have to Say No, Even to the President’ www.nytimes.com/2026/01/22/o...

2 months ago 11 2 1 0

I generally agree with this, but I also wonder how much of a convention it actually is. I'd guess that maybe 30-40% of my articles have had a "Part IV" in this sense, and that most or all of my most-cited pieces don't (and to the extent they do, that's not what they're cited for).

3 months ago 8 1 0 0

1, Im not sure, but 2, shouldn’t it be the state law of interpretation?

3 months ago 3 0 1 1
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3 months ago 16 1 3 0
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Things to Read This Week (1/19) Election Law, Shugerman, ACX

blog.dividedargument.com/p/things-to-...

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Courthouse Steps Oral Argument: Galette v. New Jersey Transit Corporation In August 2018, Cedric Galette sustained injuries when his stopped vehicle was struck by a New Jerse...

In 15 minutes:

fedsoc.org/events/court...

3 months ago 2 0 0 0
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Why Stop at Level Three? discretion to pose the question in Trump v. Illinois and elsewhere

blog.dividedargument.com/p/why-stop-a...

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Big and good news for the Constitutional Law Institute. Thanks to Deb Cafaro!

3 months ago 1 0 0 0

Are those all pre-Grzegorczyk?

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