254: Unfair laws / Why judges should be originalists (William Baude)

Is there any justification for seemingly unjust laws like “qualified immunity,” which allows cops to get away with bad behavior? Law professor William Baude explores how these laws came to be and why they’re so hard to change. Also, Baude makes the case for originalism, the view that judges should base their rulings on the original meaning of the Constitution. And Baude explains how rationalist principles have influenced his teaching and legal scholarship. (March 19, 2020)

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Transcript (PDF)