The Public Law and Legal Theory Working Papers series is organized by the Law School and covers constitutional law, statutory interpretation, intellectual property, family law, jurisprudence, civil procedure, voting rights, legal history, criminal law and procedure, privacy, and international law. Links to full-text are provided.
Submissions from 2016
Did the Creation of the United Nations Human Rights Council Produce a Better 'Jury'?, Adam S. Chilton and Robert Golan-Vilella
The Limitations of Supply Chain Disclosure Regimes, Adam S. Chilton and Galit Sarfaty
Rights Without Resources: The Impact of Constitutional Social Rights on Social Spending, Adam S. Chilton and Mila Versteeg
The Impact of Mandated Corporate Social Responsibility: Evidence from India's Companies Act of 2013, Dhammika Dharmapala and Vikramaditya S. Khanna
Designing Executive Agencies for Congressional Control, Brian D. Feinstein
Fee Simple Obsolete, Lee Anne Fennell
Searching for Fair Housing, Lee Anne Fennell
The Architecture of a Basic Income, Miranda Perry Fleischer and Daniel Hemel
'They Have All the Power': Youth/Police Encounters on Chicago's South Side, Craig B. Futterman, Chaclyn Hunt, and Jamie Kalven
Two Theories of Responsibility for Past Emissions of Carbon Dioxide, Michelle Hayner and David A. Weisbach
The President's Power to Tax, Daniel Hemel
Chevron Step One-and-a-Half, Daniel Hemel and Aaron Nielson
Knowledge Goods and Nation-States, Daniel Hemel and Lisa Larrimore Ouellette
Inequality and the Mortgage Interest Deduction, Daniel Hemel and Kyle Rozema
How Patent Damages Skew Licensing Markets, Erik Hovenkamp and Jonathan Masur
The Empirical Effects of Twombly and Iqbal, William Hubbard
How the Fourth Amendment and the Separation of Powers Rise (and Fall) Together, Aziz Huq
The Consequences of Disparate Policing: Evaluating Stop-and Frisk as a Modality of Urban Policing, Aziz Huq
The Constitutional Law of Agenda Control, Aziz Huq
The Predicates of Military Detention at Guantánamo: The Role of Individual Acts and Affiliations, Aziz Huq
The Uses of Religious Identity, Practice, and Dogma in 'Soft' and 'Hard' Counterterrorism, Aziz Huq
Acts that Legitimate: Widening the Array of Predicate Policing Practices, Aziz Huq, Jonathan Jackson, and Rick Trinkner
Litigating the Blue Wall of Silence: How to Challenge the Police Privilege to Delay Investigation, Aziz Huq and Richard H. McAdams
The Cycles of Separation-of-Powers Jurisprudence, Aziz Huq and Jon D. Michaels
Why Tolerate Religion, Again? A Reply to Michael McConnell, Brian Leiter
CBA at the PTO, Jonathan Masur
Should Regulation Be Countercyclical?, Jonathan Masur and Eric A. Posner
Close Enough for Government Work? Heien's Less-than-Reasonable Mistake of the Rule of Law, Richard H. McAdams
Strategic Rulemaking Disclosure, Jennifer Nou and Jed Stiglitz
The Future of Law and Economics and the Calabresian External Moral Costs, Ariel Porat
What Legal Authority Does the Fed Need During a Financial Crisis?, Eric A. Posner
An Insurance-Based Typology of Police Misconduct, John Rappaport
How Private Insurers Regulate Public Police, John Rappaport
Race, Place, and Power, Nicholas Stephanopoulos
Historic Preservation and Its Even Less Authentic Alternative, Lior Strahilevitz
The Supreme Court, 2014 Term — Foreword: Does the Constitution Mean What it Says?, David A. Strauss
From Left to Rights: Civil Liberties Lawyering between the World Wars, Laura Weinrib
Submissions from 2015
Criminal Corruption: Why Broad Definitions of Bribery Make Things Worse, Albert W. Alschuler
Foreword: The Supreme Court's Shadow Docket, William Baude
Is Originalism Our Law?, William Baude
The Perverse Effects of Subsidized Weather Insurance, Omri Ben-Shahar and Kyle D. Logue
Under the Weather: Government Insurance and the Regulation of Climate Risks, Omri Ben-Shahar and Kyle D. Logue
The Death of Rules and Standards, Anthony Casey and Anthony Niblett
A Framework for Bailout Regulation, Anthony Casey and Eric A. Posner
Introduction to Spontaneous Order and Emergence of New Systems of Property, Yun-chien Chang and Richard A. Epstein
Using Experiments to Test the Effectiveness of Human Rights Treaties, Adam S. Chilton
Challenging the Randomness of Panel Assignments in the Federal Courts of Appeals, Adam S. Chilton and Marin Levy
The Influence of History on States’ Compliance with Human Rights Obligations, Adam S. Chilton and Eric A. Posner
Redundant Public-Private Enforcement, Zachary D. Clopton
Legitimacy and Cooperation: Will Immigrants Cooperate with Local Police Who Enforce Federal Immigration Law?, Adam B. Cox and Thomas J. Miles
Charging on the Margin, Paul Crane
The Scrivener's Error, Ryan D. Doerfler
Co-Location, Co-Location, Co-Location: Land Use and Housing Priorities Reimagined, Lee Anne Fennell
Do Not Cite or Circulate, Lee Anne Fennell
Slicing Spontaneity, Lee Anne Fennell
The Management of Staff by Federal Court of Appeals Judges, G. Mitu Gulati and Richard A. Posner
Agency Slack and the Design of Criminal Justice Institutions, Aziz Huq
Judicial Independence and the Rationing of Constitutional Remedies, Aziz Huq
The Difficulties of Democratic Mercy, Aziz Huq
Surveillance Duration Doesn't Affect Privacy Expectations: An Empirical Test of the Mosaic Theory, Matthew B. Kugler and Lior Strahilevitz
A Man For All Treasons: Crimes By and Against the Tudor State in the Novels of Hilary Mantel, Alison LaCroix
Continuity in Secession: The Case of the Confederate Constitution, Alison LaCroix
Constitutional Law, Moral Judgment, and the Supreme Court as Super-Legislature, Brian Leiter
Legal Realism and Legal Doctrine, Brian Leiter
Normativity for Naturalists, Brian Leiter
The Use and Misuse of Patent Licenses, Jonathan Masur
Toward a Pigovian State, Jonathan Masur and Eric A. Posner
Unquantified Benefits and Bayesian Cost-Benefit Analysis, Jonathan Masur and Eric A. Posner
Empathy and Masculinity in Harper Lee's To Kill A Mockingbird, Richard H. McAdams
Riley's Less Obvious Tradeoff: Forgoing Scope-Limited Searches, Richard H. McAdams
Vengeance, Complicity and Criminal Law in Othello, Richard H. McAdams
The Law of Police, Richard H. McAdams, Dhammika Dharmapala, and Nuno Garoupa
The Distributive Deficit in Law and Economics, Richard H. McAdams and Lee Anne Fennell
Intra-Agency Coordination, Jennifer Nou
Regulatory Textualism, Jennifer Nou
Presidential Leadership and the Separation of Powers, Eric A. Posner
Should Human Rights Law Play a Role in Development?, Eric A. Posner
Institutional Flip-Flops, Eric A. Posner and Cass R. Sunstein
Second-Order Regulation of Law Enforcement, John Rappaport
Unbundling Criminal Trial Rights, John Rappaport
Don't Ask, Must Tell—and Other Combinations, Adam M. Samaha and Lior Strahilevitz
The New and Old Originalism: A Discussion, Steven Douglas Smith, Michael B. Rappaport, William Baude, and Stephen E. Sachs
Arizona and Anti-Reform, Nicholas Stephanopoulos
Civil Rights in a Desegregating America, Nicholas Stephanopoulos
Political Powerlessness, Nicholas Stephanopoulos
The Realities of Electoral Reform, Nicholas Stephanopoulos, Eric McGhee, and Steven Rogers
Nietzsche and Moral Psychology, Daniel Telech and Brian Leiter
Civil Liberties Outside the Courts, Laura Weinrib
Freedom of Conscience in War Time: World War I and the Civil Liberties Path Not Taken, Laura Weinrib
Friedrichs: An Unexpected Tool for Labor, Heather Whitney
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
Submissions from 2014
Egypt, Ethiopia, and the Nile: The Economics of International Water Law, Daniel Abebe
Constitutional Islamization and Human Rights: The Surprising Origin and Spread of Islamic Supremacy in Constitutions, Dawood I. Ahmed and Tom Ginsburg
Limited Political Contributions after McCutcheon, Citizens United, and SpeechNow, Albert W. Alschuler
Limiting Political Contributions after Mccutcheon, Citizens United, and SpeechNow, Albert W. Alschuler
Regarding Re's Revisionism: Notes on 'The Due Process Exclusionary Rule', Albert W. Alschuler
Terrible Tools for Prosecutors: Notes on Senator Leahy's Proposal to 'Fix' Skilling v. United States, Albert W. Alschuler
Sharing the Necessary and Proper Clause, William Baude
State Regulation and the Necessary and Proper Clause, William Baude
Zombie Federalism, William Baude