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William Baude : Publications

Books (Author)

    The Constitution of the United States (3rd ed.) (Foundation Press, (with Michael Stokes Paulsen & Steven Calabresi & Michael W. McConnell & Samuel Bray ).

Journal Articles

    "Making Doctrinal Work More Rigorous: Lessons from Systematic Reviews," __ University of Chicago Law Review __ (forthcoming 2016) (with Adam S. Chilton & Anup Malani). [SSRN]

    "The Law of Interpretation," 130 Harvard Law Review 1079 (2017) (with Stephen E. Sachs).

    "The Positive Law Model of the Fourth Amendment," 129 Harvard Law Review 1821 (2016) (with James Stern). [CU] [WWW]

    "Originalism's Bite," 201 Green Bag 103 (2016) (with Stephen E. Sachs).

    "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 New York University Journal of Law and 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 New York University Journal of Law and 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 Paper Series, No. 551 (2015). [SSRN]

Other Publications

    Regular Contributor, The Volokh Conspiracy.

    Regular Contributor, SCOTUSblog.

    "What about the Infinite Regress Problem?," The Volokh Conspiracy, August 6, 2016. [WWW]

    "No Ambulances in the Park?," The Volokh Conspiracy, August 5, 2016. [WWW]

    "The (Unwritten) Federal Rules of Statutory Interpretation," The Volokh Conspiracy, August 4, 2016. [WWW]

    "Interlude: What’s the Point of a Law of Interpretation?," The Volokh Conspiracy, August 3, 2016. [WWW]

    "Interpretation and 'the artificial reason of the law'," The Volokh Conspiracy, August 2, 2016. [WWW]

    "What Is Legal Interpretation Anyway?," The Volokh Conspiracy, August 1, 2016. [WWW]

    "Constitutional Officers: A Very Close Reading," JOTWELL, July 28, 2016. [WWW]

    "Why the Supreme Court's Texas Abortion Decision Is So Momentous," New York Times Magazine, June 2016 (with Eric Posner & Emily Bazelon ). [WWW]

    "What Do This Week's Supreme Court Decisions Mean For Immigration and Affirmative Action?," New York Times Magazine, June 24, 2016 (with Emily Bazelon, Eric Posner & Nicole Hannah-Jones). [WWW]

    "Star Wars Destroyed (Review of Cass R. Sunstein, The World According to Star Wars)," The New Rambler, May 31, 2016. [WWW]

    "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]