William Baude

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Article
84 Special
Originalism as a Constraint on Judges
William Baude
Neubauer Family Assistant Professor of Law, The University of Chicago Law School.

I appreciate helpful and timely comments from Samuel Bray, Jud Campbell, Jonathan Mitchell, Richard Primus, Richard Re, Stephen Sachs, Lawrence Solum, and the editors of The University of Chicago Law Review, as well as research support from the SNR Denton Fund and the Alumni Faculty Fund.

One of Justice Antonin Scalia’s greatest legacies is his promotion of constitutional originalism.

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Article
84.2
The (Not So) Plain Meaning Rule
William Baude
Neubauer Family Assistant Professor of Law, The University of Chicago Law School

We appreciate helpful comments and criticisms from Larry Alexander, Samuel Bray, Eric Citron, Jonah Gelbach, Abbe Gluck, Richard McAdams, Sean Mirski, Eric Posner, Richard Re, Stephen Sachs, Adam Samaha, Frederick Schauer, Asher Steinberg, James Stern, David Strauss, Ilan Wurman, the participants in the Legislation Roundtable at the Benjamin N. Cardozo School of Law, and the editors of The University of Chicago Law Review. We also appreciate research support from the SNR Denton Fund and the Alumni Faculty Fund, and excellent research assistance from Kelly Holt.

Ryan D. Doerfler
Assistant Professor of Law, University of Pennsylvania Law School

Many tenets of statutory interpretation take a peculiar form. They allow consideration of outside information—legislative history, practical consequences, the statute’s title, etc.—but only if the statute’s text is unclear or ambiguous.

Judicial Decision-Making Statutory Interpretation Textualism
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Essay
84.1
Making Doctrinal Work More Rigorous: Lessons from Systematic Reviews
William Baude
Neubauer Family Assistant Professor of Law, The University of Chicago Law School
Adam S. Chilton
Assistant Professor of Law, The University of Chicago Law School
Anup Malani
Lee and Brena Freeman Professor of Law, The University of Chicago Law School

I.  The Case for Increased Rigor

We begin by surveying unsystematic claims about the state of legal doctrine, then go on to explain why, even if the claims are true, there are still benefits to more systematic review.

A.    Examples

Best Practices Empirical Analysis
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Essay
84.1
A Call for Developing a Field of Positive Legal Methodology
William Baude
Neubauer Family Assistant Professor of Law, The University of Chicago Law School
Adam S. Chilton
Assistant Professor of Law, The University of Chicago Law School
Anup Malani
Lee and Brena Freeman Professor of Law, The University of Chicago Law School

Introduction

Best Practices

Volumes