William Baude

Harry Kalven, Jr. Professor of Law

Constitutional LawFederal CourtsElection LawConflict of Laws

William Baude is the Harry Kalven, Jr. Professor of Law and Faculty Director of the Constitutional Law Institute at the University of Chicago Law School. He coined the term 'shadow docket' to describe the Supreme Court's practice of issuing significant orders without full briefing or argument. He clerked for Chief Justice John Roberts and Judge Michael McConnell on the Tenth Circuit. Before joining Chicago's faculty in 2014, he was a fellow at the Stanford Constitutional Law Center.

Teaching Style

Professor Baude is a sharp and analytically rigorous teacher who uses a fast-paced Socratic method to probe students' understanding of constitutional text and structure. He cold-calls extensively and expects students to defend their interpretive positions with precision, often pressing them to identify exactly where their reasoning diverges from competing approaches. His classes have a distinctly intellectual and academic tone, and he treats students as serious interlocutors.

Cold Call Tips

  1. 1Know the text of relevant constitutional provisions cold — Baude will ask you to identify the specific textual basis for arguments
  2. 2Be prepared to distinguish between different interpretive methodologies (originalism, living constitutionalism, textualism) and articulate their strengths and weaknesses
  3. 3Read his scholarship on originalism and the shadow docket to understand his analytical framework
  4. 4When he cold-calls you, have a clear answer ready but also be prepared for three or four follow-up questions that test the limits of your position

Areas of Expertise

Originalism and constitutional interpretationThe Supreme Court's shadow docketFederal jurisdictionConstitutional structure and historyElection law

Education

  • J.D., Yale Law School
  • B.S., University of Chicago (Mathematics)

Notable Publications

  • Is Originalism Our Law? (Columbia Law Review, 2015)
  • The Supreme Court's Shadow Docket (NYU Journal of Law & Liberty, 2015)

Research Interests

Originalism as positive lawSupreme Court shadow docket practicesConstitutional structure and federalismJudicial precedent and stare decisisHistorical foundations of constitutional law

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