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William Baude : Publications

Books (Author)

    The Constitution of the United States (3rd ed.) (Foundation Press, 2016) (with Michael Stokes Paulsen & Steven Calabresi & Michael W. McConnell & Samuel Bray ).

Journal Articles

    "Is Qualified Immunity Unlawful?," 106 California Law Review __ (forthcoming 2018). [SSRN]

    "Standing in the Shadow of Congress," 2016 Supreme Court Review 197 (2017).

    "Making Doctrinal Work More Rigorous: Lessons from Systematic Reviews," 84 University of Chicago Law Review 37 (2017) (with Adam S. Chilton & Anup Malani). [SSRN]

    "Sovereign Immunity and the Constitutional Text," 103 Virginia Law Review 1 (2017).

    "A Call for Developing a Field of Positive Legal Methodology," 84 University of Chicago Law Review 1 (2017) (with Adam S. Chilton & Anup Malani).

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

    "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). [CU]

    "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]

Shorter Works

    "Micro-Symposium: Richard Posner's 'What is Obviously Wrong with the Federal Judiciary'," 20 Green Bag 81 (2016).

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.

    "Beyond the War on Terror," Balkinization, May 19, 2017. [WWW]

    "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. [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]