William Baude : Courses and Seminars
This course covers the role of the federal courts in the federal system. Topics will include the jurisdiction of the federal courts, Congress's power over those courts, litigation against federal and state governments and their officials, direct and collateral review of state-court decisions, and other doctrines. There are no prerequisites other than Civil Procedure II, although Constitutional Law I will be useful. The student's grade is based on class participation and a final take-home examination.
Originalism and its Critics
This seminar covers a prominent and controversial method of constitutional interpretation -- originalism. Students will read judicial opinions and academic scholarship on different aspects of the original meaning of the Constitution, as well as theoretical scholarship for and against originalism, and scholarship confronting challenges such as precedent and changing circumstances. A prior constitutional law course is highly recommended. Grading will be based on class participation and a research paper.
Eric Posner, William Baude