William Patrick Baude(/boʊd/;bornc. 1982) is an American legal scholar who specializes inU.S. constitutional law.He currently serves as the Harry Kalven Jr. Professor of Law at theUniversity of Chicago Law Schooland is the director of its Constitutional Law Institute.[1]He is a scholar oforiginalism.[2]
Will Baude | |
|---|---|
 | |
| Born | 1982 (age 42–43) |
| Title | Harry Kalven Jr. Professor of Law |
| Academic background | |
| Education | University of Chicago(BS) Yale University(JD) |
| Influences | |
| Academic work | |
| Discipline | Constitutional law |
| Institutions | Stanford University University of Chicago |
Early life and education
editBaude was born in 1982. His father Patrick L. Baude (1943–2011) was a professor at theIndiana University Maurer School of Lawfrom 1968 to 2008.
After high school, Baude attended theUniversity of Chicago,where he was a member ofSigma Xi.He graduated in 2004 with aBachelor of Science,with honors, inmathematicswith a specialization ineconomics.He received aJuris Doctorin 2007 fromYale Law School,where he was an articles and essay editor ofThe Yale Law Journal.[2]
Legal career
editAfter graduating from law school, Baude was alaw clerkto JudgeMichael W. McConnellof theU.S. Court of Appeals for the Tenth Circuitfrom 2007 to 2008 and to Chief JusticeJohn Robertsof theU.S. Supreme Courtfrom 2008 to 2009.[2]
From 2009 and 2011, Baude was an associate at the Washington, D.C., law firm Robbins, Russell, Englert, Orseck, Untereiner & Sauber LLP (now part ofKramer Levin Naftalis & Frankel). In 2012 and 2013, he was a summer fellow at the Center for the Study of Constitutional Originalism at theUniversity of San Diego Law Schooland a fellow at the Constitutional Law Center atStanford Law School,where he later worked as a visiting assistant professor of law.[2]
Baude joined the faculty at theUniversity of Chicago Law Schoolin 2014 and receivedtenurein 2018. He teaches constitutional law, federal courts, and conflicts of law.[2]In 2020, he established the law school's Constitutional Law Institute, on which he serves as faculty director.[3]He is a co-editor ofThe Constitution of the United States(4th ed., 2021).[2]and has written onoriginalismin theU.S. Constitution.[4]Baude is among the most cited active scholars ofconstitutional lawin theUnited States.[5]
Baude writes for theVolokh Conspiracyblog[6]and has contributed to theNew York Times[7]and theChicago Tribune.[8]He is an elected member of theAmerican Law Institute.[9]He is the 2017 recipient of theFederalist Society'sPaul M. Batoraward.[10]He also co-hosts a podcast,Divided Argument,with law professorDaniel Eppson which they discuss recent Supreme Court decisions.[11]Baude coined the termshadow docketin 2015.[12][13]
In 2021, Baude, together with fellow faculty membersDavid A. StraussandAlison LaCroix,was appointed by PresidentJoe Bidento thePresidential Commission on the Supreme Court of the United States.[14]Baude supported the appointment ofP. Casey Pitts.[15]Along with Jud Campbell ofStanford University,Baude is the co-author of the on-lineEarly American Constitutional History: A Source Guide.[16]
In August 2023, Baude and legal scholarMichael Stokes Paulsenreleased an article entitled "The Sweep and Force of Section Three", later published in theUniversity of Pennsylvania Law Review,arguing that Section Three of theFourteenth Amendment to the United States ConstitutiondisqualifiedDonald Trumpfrom holding political office in the United States because of his participation in the attempt to overturn the election of Joe Biden as president.[17]Legal scholarsJ. Michael LuttigandLaurence Tribeconcurred in their article published inThe Atlanticon August 19,[18]and on the same date, so did historianHeather Cox Richardson.[19]
Selected scholarly works
edit- Baude, William (2008)."The Judgment Power".Georgetown Law Journal.96(6):1807–62.
- — (2013)."Rethinking the Federal Eminent Domain Power".Yale Law Journal.122(7):1738–1825.JSTOR23528864.
- — (2015)."Foreword: The Supreme Court's Shadow Docket".New York University Journal of Law & Liberty.9(1):1–47.
- — (2015)."Is Originalism Our Law?".Columbia Law Review.115(8):2349–2408.JSTOR43655765.
- —; Stern, James Y. (2016)."The Positive Law Model of the Fourth Amendment".Harvard Law Review.129(7):1821–89.JSTOR44072348.
- —;Sachs, Stephen E.(2017)."The Law of Interpretation".Harvard Law Review.130(4):1079–1147.JSTOR44865509.
- — (2018)."Is Qualified Immunity Unlawful?".California Law Review.106(1):45–90.JSTOR44630786.
- — (2019)."Constitutional Liquidation".Stanford Law Review.71(1):1–70.
- — (2020)."Adjudication Outside Article III".Harvard Law Review.133(5):1511–81.JSTOR26900281.
- — (2023)."Severability First Principles".Virginia Law Review.109(1):1–60.
- —;Paulsen, Michael Stokes(2024)."The Sweep and Force of Section Three".University of Pennsylvania Law Review.172(3):605–746.
- —; Campbell, Jud; Sachs, Stephen E. (2024)."General Law and the Fourteenth Amendment".Stanford Law Review.76(6):1185–1253.
See also
editReferences
edit- ^"William Baude | University of Chicago Law School".www.law.uchicago.edu.August 26, 2013.RetrievedApril 6,2022.
- ^abcdef"William Baude | Federalist Society".www.fedsoc.org.June 2023.
- ^"Law School Launches Constitutional Law Institute, Center on Law and Finance | University of Chicago Law School".www.law.uchicago.edu.November 30, 2020.
- ^Baude, William (July 9, 2020)."Conservatives, Don't Give Up on Your Principles or the Supreme Court |New York Times".The New York Times.
- ^"Brian Leiter's Law School Reports".leiterlawschool.typepad.com.RetrievedMarch 8,2022.
- ^"Opinion - Will Baude is back!".The Washington Post.
- ^"William Baude".The New York Times.
- ^Baude, William (February 15, 2016)."Commentary: The Supreme Court after Scalia".Chicago Tribune.RetrievedApril 9,2018.
- ^Institute, The American Law."Members - American Law Institute".
- ^"Federalist Society Presents 2017 Bator Award".
- ^Divided Argument,https://www.dividedargument.com/
- ^Millhiser, Ian (August 11, 2020)."The Supreme Court's enigmatic" shadow docket, "explained".Vox.Archivedfrom the original on February 12, 2021.RetrievedFebruary 5,2021.
- ^"Many of the Supreme Court's decisions are reached with no hearings or explanation".The Economist.August 28, 2021.Archivedfrom the original on September 1, 2021.RetrievedSeptember 1,2021.
- ^"President Biden to Sign Executive Order Creating the Presidential Commission on the Supreme Court of the United States | White House".White House.April 9, 2021.
- ^"Nominations | United States Senate Committee on the Judiciary".www.judiciary.senate.gov.December 13, 2022.RetrievedMay 5,2023.
- ^Stanford University biography and c.v. for Jus Campbell. On-line 11-18-2023.[1]
- ^William Baude, Michael Stokes Paulsen,The Sweep and Force of Section Three,Social Science Research Network (SSRN), August 8, 2023
- ^J. Michael Luttig, Laurence H. Tribe,The Constitution Prohibits Trump From Ever Being President Again,The Atlantic,August 19, 2023
- ^Richardson, Heather Cox,Letters from an American: August 19, 2023,Substack, August 19, 2023