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Zombie Federalism

April 2, 2014

From WaPo’s Volokh Conspiracy “Chua and Rubenfeld on law school admissions; Baude on zombies and federalism” by Will Baude quoting himself from the Legal Theory Blog:

The most natural question to ask about zombies and constitutional law is whether zombies are persons within the meaning of the Constitution. But that question turns out to be remarkably difficult. The word “person” appears repeatedly throughout the Constitution, but without any clues about whether it extends to zombies. What’s the best constitutional solution to this problem? Zombie Federalism. The Constitution does not resolve the question of zombie personhood, so we should understand it to leave that question to state law.

Baude notes that this is not entirely an April Fools joke because

the Zombie Federalism paper is real. I presented it last year at the Center for Law and the Necrosciences, run by Hank Greely at Stanford Law School.

zombie will baude

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From → Academics

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