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William Baude : Publications

Journal Articles

    "The Law of Interpretation," 130 Harvard Law Review __ (forthcoming 2017) (with Stephen E. Sachs).

    "The Positive Law Model of the Fourth Amendment," 129 Harvard Law Review __ (forthcoming 2016) (with James Stern).

    "State Regulation and the Necessary and Proper Clause," 65 Case Western Reserve Law Review 308 (2015). [CU] [SSRN]

    "Is Originalism Our Law?," 115 Columbia Law Review 2349 (2015). [CU] [WWW]

    "Foreword: The Supreme Court's Shadow Docket," 9 NYU Journal of Law & Liberty 1 (2015). [CU] [SSRN]

    Response, "Sharing the Necessary and Proper Clause", 128 Harvard Law Review Forum 39 (2014) (response to John Manning, The Supreme Court, 2013 Term – Foreword: The Means of Constitutional Power, 128 Harv. L. Rev. 1 (2014)). [CU] [SSRN] [WWW]

    "Rethinking the Federal Eminent Domain Power," 122 Yale Law Journal 1738 (2013). [CU] [SSRN] [WWW]

    "Jurisdiction and Constitutional Crisis," 65 Florida Law Review Forum 1 (2013) (response to Gerard N. Magliocca, The Gold Clause Cases and Constitutional Necessity, 64 FLA. L. REV. 1243 (2012)). [CU] [SSRN] [WWW]

    "Interstate Recognition of Same-Sex Marriage After Windsor," 8 NYU Journal of Law & Liberty 150 (2013). [CU] [SSRN]

    "Beyond DOMA: Choice of State Law in Federal Statutes," 64 Stanford Law Review 1371 (2012). [CU] [SSRN]

    "Clarification Needed: Fixing the Jurisdiction Venue and Clarification Act," 110 Michigan Law Review First Impressions 33 (2012). [CU] [SSRN] [WWW]

    "Signing Unconstitutional Laws," 86 Indiana Law Journal 303 (2011). [CU] [SSRN] [WWW]

    "The Judgment Power," 96 Georgetown Law Journal 1807 (2008). [CU] [SSRN]

Book Sections

    "The Takings Clause," in The Heritage Guide to the Constitution., Matthew Spalding & David F. Forte eds. 2014). [CU]

Working Papers

    "Is Originalism Our Law?," University of Chicago Public Law & Legal Theory Working Paper, No. 551 (2015). [SSRN]

Other Publications

    Regular Contributor, The Volokh Conspiracy.

    Regular Contributor, SCOTUSblog.

    "The Supreme Court After Scalia," Chicago Tribune, February 11, 2016. [WWW]

    "Is the Death Penalty Unconstitutional?," New York Times, July 7, 2015. [WWW]

    "Is Polygamy Next?," New York Times, July 21, 2015. [WWW]

    "The Power of Promises," JOTWELL, July 10, 2015. [CU] [WWW]

    "The Legal Power of Standing," New York Times, May 14, 2015. [WWW]

    "Could Obama Bypass the Supreme Court?," New York Times, March 17, 2015. [WWW]

    "The Supreme Court's Secret Decisions," New York Times, February 3, 2015. [WWW]

    "Originalism: A Debate," University of Chicago Law School Record, Spring 2015 (with Eric Posner).

    "Where do the Supreme Court's Campaign Finance Cases Come From?,", April 3, 2014. [WWW]

    "The Problem with Retroactivity Rules," The New York Times Room for Debate, September 18, 2013. [WWW]

    "Constitutional Avoidance in Baby Girl," Prawfsblawg, June 29, 2013. [WWW]