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William Baude

Constitutional Law Commentary

Sweeping Section Three Under the Rug: A Comment on Trump v. Anderson

Vol. 138 No. 3 January 2025 Introduction “Great cases,” the saying goes, “like hard cases make bad law.” The aphorism, from Justice Holmes’s dissent in the Northern Securities case, came...
  • William Baude
  • Michael Stokes Paulsen
  • hlr
Standing Case Comment

Proper Parties, Proper Relief

Vol. 137 No. 1 November 2023 Introduction In the last Term at the United States Supreme Court, standing was the critical question in several major cases: the two challenges to...
  • William Baude
  • Samuel L. Bray
  • hlr
Federal Courts Articles

Adjudication Outside Article III

Vol. 133 No. 5 March 2020 Article III requires federal judges who exercise federal jurisdiction to be given life tenure and undiminished compensation, limiting Congress’s ability to influence the judiciary....
  • William Baude
Labor Law Case Comment

Compelled Subsidies and the First Amendment

Vol. 132 No. 1 November 2018 Sometimes the government compels people to pay money to organizations they oppose. A lawyer may be forced to fund a bar association, a college...
  • Eugene Volokh
  • William Baude
Constitutional Law Response

Sharing the Necessary and Proper Clause

The indeterminacy of deference

Response to The Means of Constitutional Power
Vol. 128 No. 1 November 2014
  • William Baude

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