William Baude @WilliamBaude Twitter profile

Pinned Tweet

William Baude

2 months

Today's @nytimes piece on "The Crisis in Teaching Constitutional Law" has reminded me I needed to post my recent presentation on "Teaching Constitutional Law in a Crisis of Judicial Supremacy"

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William Baude

@WilliamBaude

4 months

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William Baude

@WilliamBaude

9 months

New Article: The Sweep and Force of Section Three, by Michael Stokes Paulsen and me, forthcoming @PennLRev

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William Baude

@WilliamBaude

6 years

I am pleased to report that I have officially been granted tenure @UChicagoLaw .

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William Baude

@WilliamBaude

6 years

I have my doubts that there will actually be an executive order, and I normally don't comment on things that the President has just made up, but I suppose we should nip this in the bud: Any such order would be illegal.

Ryan Williams

@RyanWilliams314

6 years

The Fourteenth Amendment question isn't particularly hard. But the statutory question is even easier. Congress enacted this language in 1952, more than five decades after Wong Kim Ark. There's no ambiguity for an executive order to clarify.

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William Baude

@WilliamBaude

9 months

A very good story from ⁦ @adamliptak ⁩ ⁦ @nytimes ⁩:

Conservative Case Emerges to Disqualify Trump for Role on Jan. 6

Two law professors active in the Federalist Society wrote that the original meaning of the 14th Amendment makes Donald Trump ineligible to hold government office.

www.nytimes.com

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William Baude

@WilliamBaude

2 months

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William Baude

@WilliamBaude

3 years

I still remember the law firm interview where the partner asked: "How do you handle silence?" Me: [says nothing] [uncomfortably long pause] [continues staring directly at interviewer] Partner: [blinks and stammers uncomfortably] As you will imagine, I did not get the callback.

Preachy Female

@fyoushoresy

3 years

In honor of me conducting my first ever job interview: What is the worst interview question you've ever gotten from a prospective employer?

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William Baude

@WilliamBaude

3 years

Impeach and Remove

We agree with Keith.

reason.com

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William Baude

@WilliamBaude

9 months

I know the endorsement of eminent lawyers isn’t what makes a constitutional argument true, but still: @tribelaw and @judgeluttig in @TheAtlantic on Section Three!

Jeffrey Goldberg

@JeffreyGoldberg

9 months

Everyone, read this:

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William Baude

@WilliamBaude

6 years

My friend Heidi Bond's ... account of her clerkship for Judge Kozinski:

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William Baude

@WilliamBaude

2 years

Sorry to brag, but I can now cross “portrayed as chief antagonist in the law school musical” off my law-prof bucket list.

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William Baude

@WilliamBaude

1 year

The real story is that the ideological orientation of the rest of the legal academy has created an opportunity for two especially excellent law schools (Notre Dame and George Mason) to thrive.

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William Baude

@WilliamBaude

10 months

Sixteen UChicago faculty members receive named, distinguished service professorships | University of Chicago News

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William Baude

@WilliamBaude

7 years

I'm sorry if I haven't responded to any of your tweets or emails this week, but I've been rather busy with this new guy:

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William Baude

@WilliamBaude

3 years

I don’t usually tweet about these things, but I agree with just about everything in this piece by ⁦ @benjaminwittes ⁩ How Hard Is It to Overturn an American Election? - Lawfare

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William Baude

@WilliamBaude

4 years

A new plaque @IUMaurerLaw celebrates the Supreme Court decision that vindicated the right to say “we’ll take the fucking street later,” litigated by Professors Schornhorst and Baude. I just wish, 1, that my dad were alive to see it, and 2, that the plaque were in the street.

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William Baude

@WilliamBaude

3 months

The Objection that Enforcing Section Three is "Undemocratic"

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William Baude

@WilliamBaude

4 years

One heck of an abstract. (By @Oslerguy , via @lsolum )

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William Baude

@WilliamBaude

3 years

I am extremely flattered to have won the Eisenberg Prize from the American Academy of Appellate Lawyers for my article, Precedent and Discretion. (Article: )

Awards - The Academy

The Eisenberg Prize About the Award The Academy created the Eisenberg Prize to recognize the publication of high-quality articles in the field of appellate practice and procedure. The award is named...

www.appellateacademy.org

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William Baude

@WilliamBaude

9 months

New Article on Insurrection, Rebellion, and Section Three of the Fourteenth Amendment

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William Baude

@WilliamBaude

2 years

Still can’t really believe this is true.

AMANDA L. TYLER

@profamandatyler

2 years

The new Hart & Wechsler 2022 Supplement is (finally) out! This year we mark another milestone in the book’s history as the great Dick Fallon retires off the book and John Manning, @jacklgoldsmith & I welcome Jim Pfander and @WilliamBaude onto the book:

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William Baude

@WilliamBaude

5 months

Adam Unikowsky ( @AdamUnikowsky ) updates the odds:

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William Baude

@WilliamBaude

2 years

“The ‘Common-Good’ Manifesto” My review (with @StephenESachs ) of Common Good Constitutionalism, by @Vermeullarmine . Forthcoming @HarvLRev , draft available now:

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William Baude

@WilliamBaude

5 months

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William Baude

@WilliamBaude

5 years

Gouverneur Morris, 11 Annals 41 (1802):

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William Baude

@WilliamBaude

7 months

Sometimes the separation of powers rule is that Congress gets to decide.

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William Baude

@WilliamBaude

3 years

I absorbed this cultural messaging too, but unironically and without regret.

Julia Galef

@juliagalef

3 years

Just thinking about how weird it is that the cultural messaging I absorbed as a kid was all, "Reading books is inherently Virtuous!" ... and that as a result I felt like I acquired a shiny halo for reading, like, freakin' Dragonlance

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William Baude

@WilliamBaude

3 years

President Biden to Sign Executive Order Creating the Presidential Commission on the Supreme Court of the United States

President Biden to Sign Executive Order Creating the Presidential Commission on the Supreme Court...

President Biden will today issue an executive order forming the Presidential Commission on the Supreme Court of the United States, comprised of a bipartisan group of experts on the Court and the...

www.whitehouse.gov

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William Baude

@WilliamBaude

1 year

Judge Oldham *denying* qualified immunity is just a pleasure to read:

Raffi Melkonian

@RMFifthCircuit

1 year

Ugh, friends. Ducksworth was being "unruly" at a car wash, but the owner and he sort out the problem. He's ok. Some officers responded. Believing him to be someone else, they ignore the owner, confront Ducksworth, and then tase him. J. Oldham explains.

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William Baude

@WilliamBaude

3 years

Wherein Frank Easterbrook does in 4 pages what the district court did in 100.

Anthony Michael Kreis

@AnthonyMKreis

3 years

Seventh Circuit refuses to block Indiana University’s vaccination mandate, communicates in no uncertain terms the plaintiffs will not prevail.

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William Baude

@WilliamBaude

4 years

This is one of the bad things about Twitter. It makes it too easy to follow only the other side's hacks -- and then to start convincing yourself that they are representative of the other side. The good thing is that you can instead choose to follow thoughtful people.

Dan Epps

@danepps

4 years

@cterbeek (1) we should try to fight the epistemic closure on both sides (2) part of doing that requires seeing that not *everyone* on the other is a hack even if some are. (And there are plenty of hackish activist-intellectuals on the left!)

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William Baude

@WilliamBaude

7 years

I would love to understand what is going on with the Office of Legal Counsel.

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William Baude

@WilliamBaude

3 years

A lot* of you have asked for this, and now it’s here. Dan Epps and I have a Supreme Court podcast. *okay, a few of you. But I’m excited about it.

Divided Argument

@DividedArgument

3 years

In the first episode of Divided Argument, @WilliamBaude and @danepps discuss the Supreme Court’s “shadow docket.”

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William Baude

@WilliamBaude

11 months

Last night I went to watch the protests against judicial reform in Tel Aviv. Truly amazing that more than a hundred thousand people would turn out, week after week, to chant “democrati” in the name of defending a court from politics.

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William Baude

@WilliamBaude

3 years

What Ernie Young learned on his paternity leave -- highly recommended.

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William Baude

@WilliamBaude

2 years

Someone please correct me if this is wrong (seriously) but does the OLC memo even purport to find the actual student loan order lawful? It seems like Part III says that such an order could be lawful, if various conditions obtain, which probably don’t?

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William Baude

@WilliamBaude

4 months

On January 6, 2021:

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William Baude

@WilliamBaude

8 months

All great advice from Orin. I place many of these under the banner of: “don’t be afraid of your own argument.” Your argument might be good or it might be bad, but either way it should be clear and most of your article should be devoted to it!

Orin Kerr

@OrinKerr

8 months

<My "Top 5" law review article writing tips for those new to law review article writing, esp those on the market: 1) Try not to have a long literature review section. Summarize prior scholarship quickly; spending a lot of pages summarizing prior works comes off as student-like.

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William Baude

@WilliamBaude

9 months

"Appeasing Donald Trump Won't Work" by @DavidAFrench (grappling with very thoughtful concerns raised by @DouthatNYT and Michael McConnell): Too many important passages to excerpt, but this might be the best:

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William Baude

@WilliamBaude

3 years

I’m not saying I agree with it (or even completely understand it) but this has got to be the most *gripping* thing I’ve read about Ronald Dworkin:

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William Baude

@WilliamBaude

10 months

And that nominal damages no longer provide a basis for standing? Wow.

Andy Hessick

@AndyHessick

10 months

Seventh Circuit holds that breach of contract alone doesn't provide Art. 3 standing. The breach must result in some additional factual injury. More proof that Spokeo is crazy.

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William Baude

@WilliamBaude

2 years

Notre Dame has one of the best faculties in the country.

Notre Dame Law School Religious Liberty Initiative

@NDLawRLI

2 years

Congratulations to our colleagues Randy & Sam! Our law school community benefits immensely from their scholarship, expertise, and mentorship, and we are grateful to have Sam as a faculty fellow with the RLI.

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William Baude

@WilliamBaude

6 months

My latest article Proper Parties, Proper Relief (with Sam Bray) is now out in @HarvLRev :

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William Baude

@WilliamBaude

3 years

Impeach and Remove:

Impeach and Remove

We agree with Keith.

reason.com

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William Baude

@WilliamBaude

1 year

Just filed (with Sam Bray) in Biden v. Nebraska:

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William Baude

@WilliamBaude

4 years

Here is why I love the students @UChicagoLaw : My colleague @adamschilton and I held a virtual lunch talk today, and despite a complete lack of free food, and despite everything going on the world, almost a hundred students showed up, asked questions, and sent us great feedback.

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William Baude

@WilliamBaude

1 year

@steve_vladeck @JoshABlock Indeed.

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William Baude

@WilliamBaude

2 months

Political Hacks Pretending to be Lawyers @danepps and I discuss Trump v. Anderson @DividedArgument . Thanks to @JDVance1 for the title.

Divided Argument

We (of course) break down the Court's opinions in Trump v. Anderson, the Section Three case from Colorado. We also discuss the Court's cert. grant on Trump's immunity from criminal prosecution, and...

www.dividedargument.com

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William Baude

@WilliamBaude

2 months

The Sweep and Force of Section Three, with Michael Stokes Paulsen, is now out in final form @PennLRev :

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William Baude

@WilliamBaude

2 years

I realize that people who need to read this probably won't read this, but it's still important.

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William Baude

@WilliamBaude

7 years

I am starting to become concerned that the President read my con law exam.

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William Baude

@WilliamBaude

5 years

"Constitutional Liquidation" is now in print and online @StanLRev : Thanks to the many readers, editors, and generations of research assistants who made it possible.

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William Baude

@WilliamBaude

1 year

One of the three most import free speech policies ⁦ @UChicago ⁩ is the Disciplinary System for Disruptive Conduct | Student Manual | The University of Chicago

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William Baude

@WilliamBaude

2 years

Hot off the presses, by Michael McConnell, and me, in @TheAtlantic - the Constitutional State Legislature Doctrine.

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William Baude

@WilliamBaude

6 years

Many years in the making: my "Constitutional Liquidation" is now up on SSRN (and forthcoming in @StanLRev )

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William Baude

@WilliamBaude

2 years

A nice post from @RandyEBarnett on Bruen @SCOTUSblog . Especially this observation:

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William Baude

@WilliamBaude

10 months

As I said:

George Conway

@gtconway3d

10 months

Reminds me of a story that the now-deceased judge I clerked for, Ralph Winter, used to tell about a faculty meeting at Yale Law School, where he taught for many years. It was 1978 or so. Bakke had just come down, and the professors were bemoaning the fact that, under Justice…

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William Baude

@WilliamBaude

2 years

More than five years in the writing/revising, The Official Story of the Law, with @StephenESachs , is now available in pre-print from the Oxford Journal of Legal Studies. SSRN: OJLS:

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William Baude

@WilliamBaude

1 year

Today.

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William Baude

@WilliamBaude

3 years

I talk at length with @BillKristol about some of the themes in my Real Enemies of Democracy:

Bill Kristol

@BillKristol

3 years

NEW: A very interesting and thought-provoking (but not very reassuring!) conversation with Chicago law prof Will Baude on "Election Subversion: How Great a Threat?" "For the next few years, I'm not sleeping as well as I used to." Watch the whole thing.

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William Baude

@WilliamBaude

6 months

"And so we have arrived, for the first time in our national history, at a state of affairs where almost every major presidential act is immediately frozen by a federal district court. . . . This is bad law and bad democracy. It cannot go on forever."

William Baude

@WilliamBaude

6 months

My latest article Proper Parties, Proper Relief (with Sam Bray) is now out in @HarvLRev :

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William Baude

@WilliamBaude

4 years

I've read a lot of qualified immunity cases and so I am no longer easily shocked. But the facts of this case still shocked me.

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William Baude

@WilliamBaude

3 years

Confession: I did this.

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William Baude

@WilliamBaude

6 years

My second-ever amicus brief was just filed in the Supreme Court, on behalf of me and Eugene Volokh.

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William Baude

@WilliamBaude

4 years

I am starting a new blog with @adamschilton :

What is this? — Summary, Judgment

Once upon a time, the internet was saturated with law blogs. A lot of these dried up for one reason or another and much legal commentary has moved to Twitter and other social media sites. But we...

www.summarycommajudgment.com

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William Baude

@WilliamBaude

2 months

ICYMI: On the so-called "crisis" in teaching con law

William Baude

@WilliamBaude

2 months

Teaching Constitutional Law in a Crisis of Judicial Legitimacy

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William Baude

@WilliamBaude

5 years

I'm the latest alumn interviewed in @UChicagoMag : My favorite question was "What book changed your life?"

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William Baude

@WilliamBaude

2 years

Words of wisdom via my no-buddy.

Daniel P. Aldrich urbanists.social/web/@dpaldrich

@DanielPAldrich

2 years

New semester energy

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William Baude

@WilliamBaude

3 months

As requested: new @DividedArgument on last week's arguments in Trump v. Anderson. With @danepps as always.

Divided Argument

After quick review of an order about admissions at West Point and two new unanimous opinions, we spend almost all of the episode breaking down last week's oral arguments in Trump v. Anderson. What...

www.dividedargument.com

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William Baude

@WilliamBaude

11 months

Volume 2022 of the Supreme Court Review is out!

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William Baude

@WilliamBaude

7 years

If this were a movie, I would complain that the late emergence of Sally Yates into the plot was sorta forced and implausible.

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William Baude

@WilliamBaude

5 years

So many congratulations to my friend Sam Bray, for receiving the Joseph Story (formerly Bator) Award tonight. And here are some of his wise words:

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William Baude

@WilliamBaude

7 years

I read the Ninth Circuit to hint that a more modest DOJ litigating position, and more ex ante editing of EO by lawyers, might have saved it.

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William Baude

@WilliamBaude

1 year

The 2023 Scalia Lecture, “Beyond Textualism?” by me, is now online:

2023 Scalia Lecture | William Baude: "Beyond Textualism?"

The 2023 Scalia Lecture was delivered by William Baude, professor of law at the University of Chicago Law School.The Scalia Lecture Series, which was establi...

www.youtube.com

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William Baude

@WilliamBaude

7 months

I agreed to talk about Section Three on Advisory Opinions because @whignewtons promised me we could focus on the most intricate textual questions, and she (and @davidafrench , of course) did not disappoint:

Prof. Will Baude on Section 3, Insurrection, and Trump

The face that launched a thousand ships.

thedispatch.com

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William Baude

@WilliamBaude

3 years

My latest: The Real Enemies of Democracy, a response to Pam Karlan's Jorde Lecture, is now on SSRN

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William Baude

@WilliamBaude

2 months

It is unfortunate that so many prominent criticisms of originalism can be answered with “this critic has failed to keep up with the literature.” Of course this is probably true for many topics, not just originalism.

Ed Whelan

@EdWhelanEPPC

2 months

Read law prof John McGinnis's very critical @LawLiberty review of Stephen Breyer's new book: "Justice Breyer's Problematic 'Pragmatism'" First sentence is a classic damning with faint praise: "Nothing has improved Stephen Breyer's legal theory work so…

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William Baude

@WilliamBaude

1 year

I do wish that everybody who complains about @AgnesCallard after reading that @NewYorker profile would instead watch her Aims of Education address:

UChicago Aims of Education 2022: Prof Agnes Callard

The Aims of Education Address is a celebrated tradition where a faculty member addresses the entering class on the unique aims of a liberal arts education at...

www.youtube.com

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William Baude

@WilliamBaude

3 years

I have a new podcast dropping this month. Trailer here: Follow @UChicagoConLaw for episodes as they come, and more.

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William Baude

@WilliamBaude

8 days

The end of the semester has brought so much good news for various good people that I feel like I need to start a "congratulations" thread. 🧵 We could start with congratulations to "Professor of the Year" @TaraLeighGrove1 :

Tara Leigh Grove

@TaraLeighGrove1

11 days

So deeply honored to be selected as “Professor of the Year” by the students at Texas Law. This is truly humbling. Many thanks to all the wonderful students @UTexasLaw !!

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William Baude

@WilliamBaude

7 years

I would add that (importantly) this clause unambiguously applies to the President.

Brianne Gorod

@BrianneGorod

7 years

Think Congress can approve Trump's conflicts? Not the ones that violate the Domestic Emoluments Clause.

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William Baude

@WilliamBaude

4 months

Wow. Gary Lawson to Florida Law.

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William Baude

@WilliamBaude

3 years

Wouldn't have imagined six years ago that there would be congressional hearings on the "shadow docket."

House Judiciary Committee to hold hearing on the shadow docket - SCOTUSblog

On Thursday, Feb. 18, at 2 p.m. EST, the House Judiciary Committee's subcommittee on courts, intellectual property and the internet will hold a hearing on the Supreme Court's so-called shadow docket,...

www.scotusblog.com

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William Baude

@WilliamBaude

4 years

This Reddit AMA by @jtlevy is self-recommending, but I have to highlight this terrific bit on academic vocation:

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William Baude

@WilliamBaude

8 months

Next month I'll be joining Michael McConnell and @espinsegall in person @StanfordLaw to talk through our disagreements about Section Three. Video may be available for those interested in the exchange.

Does Section 3 Trump the Voters? | Stanford Law School

Watch the event In a forthcoming article, William Baude and Michael Stokes Paulsen seek to "set[] forth the full sweep and force of Section Thre

law.stanford.edu

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William Baude

@WilliamBaude

4 years

Current mood:

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William Baude

@WilliamBaude

2 months

Did you have trouble placing a strong piece of public law scholarship this submission cycle? Consider the Journal of Legal Analysis, a peer-reviewed law journal out of Harvard that I co-edit!

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William Baude

@WilliamBaude

2 years

A propos nothing, this is one of those delightful Easterbrook opinions: (What happens if one company pretends to be another company to trick their competitor into signing a contract that includes an arbitration agreement?)

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William Baude

@WilliamBaude

4 years

I agree that originalists should pay a lot of attention to the Reconstruction Amendments, but hasn't that been happening for 75 years? From Crosskey/Fairman to Bickel to Berger to Harrison/McConnell/Barnett/Lash/Green/Wurman ...

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William Baude

@WilliamBaude

8 months

Do you want to become a law professor? Apply for the Bigelow fellowship @UChicagoLaw and become my colleague. Fellows have extensive contact with students and faculty, and receive honest and helpful feedback about their ideas.

Apply to be a Harry A. Bigelow Teaching Fellow | University of Chicago Law School

Each year the University of Chicago Law School awards six Harry A. Bigelow teaching Fellowships. The Fellowships offer law school graduates an opportunity to prepare for an academic career. Fellows...

www.law.uchicago.edu

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William Baude

@WilliamBaude

3 years

(Retired) Judge Griffith responds to Professor Michael Klarman's @HarvLRev Foreword:

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William Baude

@WilliamBaude

11 months

The text of the Scalia Lecture (forthcoming @HarvardJLPP ) is now online:

William Baude

@WilliamBaude

1 year

The 2023 Scalia Lecture, “Beyond Textualism?” by me, is now online:

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William Baude

@WilliamBaude

8 months

Today’s Article III Standing conference @UChicagoLaw @UChicagoConLaw is not online, but many of the excellent papers are! A thread to come.

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William Baude

@WilliamBaude

4 years

I keep reading the claim that C.J. Rehnquist added gold stripes to his robe when he started presiding over President Clinton's impeachment trial. That's wrong. He added the stripes earlier, in 1995, after seeing them in Gilbert and Sullivan's Iolanthe.

Ideas & Trends; The Chief Justice Has New Clothes (Published 1995)

www.nytimes.com

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William Baude

@WilliamBaude

4 years

I'm planning a seminar for next year on The Original Meaning of the Privileges or Immunities Clause. I know some of what I need to assign (e.g., books by Amar/Barnett/Brandwein/Green/Lash/Wurman) but I would welcome suggestions. Self-nominations welcome!

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William Baude

@WilliamBaude

3 years

Embarrassing fact. The first draft of my paper was called “Paying Attention to the Orders List” but a good friend convinced me nobody would read or cite it.

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William Baude

@WilliamBaude

2 years

I forgot to link to this before the new year, but my The Real Enemies of Democracy is out in print in @CalifLRev :