Will Baude and the General Law
For our maiden voyage on “Law Office History” we welcome aboard Will Baude of the University of Chicago. After exploring his heady days as an Institute for Justice summer clerk we venture into the arguments he, Jud Campbell, and Steve Sachs made in the pages of the Stanford Law Review a couple of years ago: that the framers of the Fourteenth Amendment wrote it with the “general law” in mind, especially the rights that “law” was understood to protect.
Will sets the stage with the well-understood history of the general law and the world of Swift v. Tyson. But then he explains how that not only…
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