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Full-Text Articles in Law
Is Originalism Our Law?, William Baude
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
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
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
Civil Rights In A Desegregating America, Nicholas Stephanopoulos
Public Law and Legal Theory Working Papers
No abstract provided.
Intra-Agency Coordination, Jennifer Nou
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
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
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
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
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
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
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
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
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
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
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
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
Legal Realism And Legal Doctrine, Brian Leiter
Public Law and Legal Theory Working Papers
No abstract provided.
Redundant Public-Private Enforcement, Zachary D. Clopton
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
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
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
Unbundling Criminal Trial Rights, John Rappaport
Public Law and Legal Theory Working Papers
No abstract provided.
Normativity For Naturalists, Brian Leiter
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
Political Powerlessness, Nicholas Stephanopoulos
Public Law and Legal Theory Working Papers
No abstract provided.
Nietzsche And Moral Psychology, Daniel Telech, Brian Leiter
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
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
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
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
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
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
Slicing Spontaneity, Lee Anne Fennell
Public Law and Legal Theory Working Papers
No abstract provided.