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2015

Series

Public Law and Legal Theory Working Papers

Articles 1 - 30 of 48

Full-Text Articles in Law

Is Originalism Our Law?, William Baude Dec 2015

Is Originalism Our Law?, William Baude

Public Law and Legal Theory Working Papers

No abstract provided.


Freedom Of Conscience In War Time: World War I And The Civil Liberties Path Not Taken, Laura Weinrib Dec 2015

Freedom Of Conscience In War Time: World War I And The Civil Liberties Path Not Taken, Laura Weinrib

Public Law and Legal Theory Working Papers

No abstract provided.


Friedrichs: An Unexpected Tool For Labor, Heather Whitney Nov 2015

Friedrichs: An Unexpected Tool For Labor, Heather Whitney

Public Law and Legal Theory Working Papers

No abstract provided.


Civil Rights In A Desegregating America, Nicholas Stephanopoulos Oct 2015

Civil Rights In A Desegregating America, Nicholas Stephanopoulos

Public Law and Legal Theory Working Papers

No abstract provided.


Intra-Agency Coordination, Jennifer Nou Oct 2015

Intra-Agency Coordination, Jennifer Nou

Public Law and Legal Theory Working Papers

No abstract provided.


Presidential Leadership And The Separation Of Powers, Eric A. Posner Sep 2015

Presidential Leadership And The Separation Of Powers, Eric A. Posner

Public Law and Legal Theory Working Papers

No abstract provided.


Challenging The Randomness Of Panel Assignments In The Federal Courts Of Appeals, Adam S. Chilton, Marin Levy Sep 2015

Challenging The Randomness Of Panel Assignments In The Federal Courts Of Appeals, Adam S. Chilton, Marin Levy

Public Law and Legal Theory Working Papers

No abstract provided.


Charging On The Margin, Paul Crane Aug 2015

Charging On The Margin, Paul Crane

Public Law and Legal Theory Working Papers

No abstract provided.


Empathy And Masculinity In Harper Lee's To Kill A Mockingbird, Richard H. Mcadams Aug 2015

Empathy And Masculinity In Harper Lee's To Kill A Mockingbird, Richard H. Mcadams

Public Law and Legal Theory Working Papers

No abstract provided.


Riley's Less Obvious Tradeoff: Forgoing Scope-Limited Searches, Richard H. Mcadams Aug 2015

Riley's Less Obvious Tradeoff: Forgoing Scope-Limited Searches, Richard H. Mcadams

Public Law and Legal Theory Working Papers

No abstract provided.


The Management Of Staff By Federal Court Of Appeals Judges, G. Mitu Gulati, Richard A. Posner Aug 2015

The Management Of Staff By Federal Court Of Appeals Judges, G. Mitu Gulati, Richard A. Posner

Public Law and Legal Theory Working Papers

No abstract provided.


The Use And Misuse Of Patent Licenses, Jonathan Masur Aug 2015

The Use And Misuse Of Patent Licenses, Jonathan Masur

Public Law and Legal Theory Working Papers

No abstract provided.


Unquantified Benefits And Bayesian Cost-Benefit Analysis, Jonathan Masur, Eric A. Posner Aug 2015

Unquantified Benefits And Bayesian Cost-Benefit Analysis, Jonathan Masur, Eric A. Posner

Public Law and Legal Theory Working Papers

No abstract provided.


Surveillance Duration Doesn't Affect Privacy Expectations: An Empirical Test Of The Mosaic Theory, Matthew B. Kugler, Lior Strahilevitz Jul 2015

Surveillance Duration Doesn't Affect Privacy Expectations: An Empirical Test Of The Mosaic Theory, Matthew B. Kugler, Lior Strahilevitz

Public Law and Legal Theory Working Papers

No abstract provided.


Using Experiments To Test The Effectiveness Of Human Rights Treaties, Adam S. Chilton Jun 2015

Using Experiments To Test The Effectiveness Of Human Rights Treaties, Adam S. Chilton

Public Law and Legal Theory Working Papers

No abstract provided.


The Perverse Effects Of Subsidized Weather Insurance, Omri Ben-Shahar, Kyle D. Logue May 2015

The Perverse Effects Of Subsidized Weather Insurance, Omri Ben-Shahar, Kyle D. Logue

Public Law and Legal Theory Working Papers

No abstract provided.


Legal Realism And Legal Doctrine, Brian Leiter Apr 2015

Legal Realism And Legal Doctrine, Brian Leiter

Public Law and Legal Theory Working Papers

No abstract provided.


Redundant Public-Private Enforcement, Zachary D. Clopton Apr 2015

Redundant Public-Private Enforcement, Zachary D. Clopton

Public Law and Legal Theory Working Papers

No abstract provided.


Sued If You Do, Sued If You Don’T: Section 2 Of The Voting Rights Act As A Defense To Race-Conscious Districting, Caroline A. Wong Apr 2015

Sued If You Do, Sued If You Don’T: Section 2 Of The Voting Rights Act As A Defense To Race-Conscious Districting, Caroline A. Wong

Public Law and Legal Theory Working Papers

No abstract provided.


Second-Order Regulation Of Law Enforcement, John Rappaport Apr 2015

Second-Order Regulation Of Law Enforcement, John Rappaport

Public Law and Legal Theory Working Papers

This Article interrogates a critical, yet understudied, regulatory design choice the Supreme Court makes in each criminal case raising constitutional questions about law-enforcement conduct: not what the Constitution requires but how to implement its requ


Unbundling Criminal Trial Rights, John Rappaport Apr 2015

Unbundling Criminal Trial Rights, John Rappaport

Public Law and Legal Theory Working Papers

No abstract provided.


Normativity For Naturalists, Brian Leiter Apr 2015

Normativity For Naturalists, Brian Leiter

Public Law and Legal Theory Working Papers

Normativity is thought to be a problem for naturalists because the explanatory modalities of the empirical sciences do not make any reference to deontic or normative properties related to reasons, as distinct from nomic or descriptive ones. Naturalistic e


Political Powerlessness, Nicholas Stephanopoulos Apr 2015

Political Powerlessness, Nicholas Stephanopoulos

Public Law and Legal Theory Working Papers

No abstract provided.


Nietzsche And Moral Psychology, Daniel Telech, Brian Leiter Apr 2015

Nietzsche And Moral Psychology, Daniel Telech, Brian Leiter

Public Law and Legal Theory Working Papers

No abstract provided.


The Difficulties Of Democratic Mercy, Aziz Huq Mar 2015

The Difficulties Of Democratic Mercy, Aziz Huq

Public Law and Legal Theory Working Papers

No abstract provided.


Judicial Independence And The Rationing Of Constitutional Remedies, Aziz Huq Mar 2015

Judicial Independence And The Rationing Of Constitutional Remedies, Aziz Huq

Public Law and Legal Theory Working Papers

This Article analyzes the doctrinal instruments federal courts use to allocate scarce adjudicative resources over competing demands for constitutional remedies. It advances two claims. The first is that a central, hitherto underappreciated, doctrinal instrument for rationing judicial resources is a demand that most constitutional claimants demonstrate that an official violated an exceptionally clear, unambiguous constitutional rule—that is, not only that the Constitution was violated, but that the violation evinced a demanding species of fault. This fault rule first emerged in constitutional tort jurisprudence. It has diffused to the suppression and postconviction review contexts. The Article’s second claim is that …


The Influence Of History On States’ Compliance With Human Rights Obligations, Adam S. Chilton, Eric A. Posner Mar 2015

The Influence Of History On States’ Compliance With Human Rights Obligations, Adam S. Chilton, Eric A. Posner

Public Law and Legal Theory Working Papers

No abstract provided.


Agency Slack And The Design Of Criminal Justice Institutions, Aziz Huq Mar 2015

Agency Slack And The Design Of Criminal Justice Institutions, Aziz Huq

Public Law and Legal Theory Working Papers

No abstract provided.


The Law Of Police, Richard H. Mcadams, Dhammika Dharmapala, Nuno Garoupa Feb 2015

The Law Of Police, Richard H. Mcadams, Dhammika Dharmapala, Nuno Garoupa

Public Law and Legal Theory Working Papers

No abstract provided.


Slicing Spontaneity, Lee Anne Fennell Feb 2015

Slicing Spontaneity, Lee Anne Fennell

Public Law and Legal Theory Working Papers

No abstract provided.