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 2012
The Lawyer’s Library in the Early American Republic, Alison LaCroix
What If Madison had Won? Imagining a Constitution World of Legislative Supremacy, Alison LaCroix
Legal Realisms, Old and New, Brian Leiter
Waldron on the Regulation of Hate Speech, Brian Leiter
The Methodology of Legal Philosophy, Brian Leiter and Alex Langlinais
Harmonization, Preferences, and the Calculus of Consent in Commercial and Other Law, Saul Levmore
Asymmetries and Incentives in Evidence Production, Saul Levmore and Ariel Porat
Costly Intellectual Property, Jonathan Masur and David Fagundes
Children's Rights and a Capabilities Approach: The Question of Special Priority, Martha Craven Nussbaum and Rosalind Dixon
The Institutional Structure of Immigration Law, Eric A. Posner
Unemployment and Regulatory Policy, Eric A. Posner and Jonathan Masur
Aggregation and Law, Eric A. Posner and Ariel Porat
International Paretianism: A Defense, Eric A. Posner and David A. Weisbach
International Law and the Limits of Macroeconomic Cooperation, Alan O. Sykes and Eric A. Posner
Going Outside the Law: The Role of the State in Shaping Attitudes to Private Acts of Violence, Tom R. Tyler, Jonathan Jackson, Aziz Huq, and Ben Bradford
The Sex Side of Civil Liberties: United States v. Dennett and the Changing Face of Free Speech, Laura Weinrib
An FDA for Financial Innovation: Applying the Insurable Interest Doctrine to Twenty-First-Century Financial Markets, E. Glen Weyl and Eric A. Posner
Submissions from 2011
Does Accuracy Improve the Information Value of Trials?, Scott Baker and Anup Malani
Latin American Presidentialism in Comparative and Historical Perspective, Jose Antonio Cheibub, Zachary Elkins, and Tom Ginsburg
Constitutional Amendment Rules: A Comparative Perspective, Rosalind Dixon
Transnational Constitutionalism and Unconstitutional Constitutional Amendments, Rosalind Dixon
Updating Constitutional Rules, Rosalind Dixon
Weak-Form Judicial Review and American Exceptionalism, Rosalind Dixon
Constitutional Amendment Rules: The Denominator Problem, Rosalind Dixon and Richard T. Holden
Abortion, Dignity and a Capabilities Approach, Rosalind Dixon and Martha Craven Nussbaum
Judicial Tactics in the European Court of Human Rights, Shai Dothan
Dustin Guzior and Anup Malani, Implicit Bias in Legal Interpretation, Ward Farnsworth
Property and Precaution, Lee Anne Fennell
Designing Agencies, Jacob Gersen
Comparative Constitutional Law: Introduction, Tom Ginsburg and Rosalind Dixon
Radical Throught from Marx, Nietzsche, and Freud, through Foucault, to the Present: Comments on Steven Lukes’ “In Defense of False Consciousness, Bernard E. Harcourt
Reducing Mass Incarceration: Lessons from the Deinstitutionalization of Mental Hospitals in the 1960s, Bernard E. Harcourt
Commensurability and Agency: Two Yet-to-Be-Met Challenges for Law and Economics, Alon Harel and Ariel Porat
Reconsidering Racial and Partisan Gerrymandering, Richard T. Holden and Adam B. Cox
The Signaling Function of Religious Speech in Domestic Counterterrorism, Aziz Huq
Rhetoric and Reality in Early American Legal History: A Reply to Gordon Wood, Alison LaCroix
Naturalized Jurisprudence and American Legal Realism Revisited, Brian Leiter
The Circumstances of Civility, Brian Leiter
The Law of Religious Liberty in a Tolerant Society, Brian Leiter
Patent Liability Rules as Search Rules, Jonathan Masur
Regulating Patents, Jonathan Masur
Teaching Patriotism: Love and Critical Reform, Martha Craven Nussbaum
Deference to the Executive in the United States after 9/11: Congress, the Courts, and the Office of Legal Counsel, Eric A. Posner
Some Skeptical Comments on Beth Simmons's Mobilizing for Human Rights, Eric A. Posner
Political Risk and Sovereign Debt Contracts, Eric A. Posner, Stephen J. Choi, and G. Mitu Gulati
Delegation in Immigration Law, Eric A. Posner and Adam B. Cox
Regulation, Unemployment, and Cost-Benefit Analysis, Eric A. Posner and Jonathan Masur
Demystifying Schmitt, Eric A. Posner and Adrian Vermeule
Regulation for the Sake of Appearance, Adam M. Samaha
Talk about Talking about Constitutional Law, Adam M. Samaha
American Policing at a Crossroads, Tom R. Tyler, Stephen J. Schulhofer, and Aziz Huq
Mechanisms for Eliciting Cooperation in Counter-Terrorism Policing: Evidence from the United Kingdom, Tom R. Tyler, Stephen J. Schulhofer, and Aziz Huq
Why Does the Public Cooperate with Law Enforcement? The Influence of the Purposes and Targets of Policing, Tom R. Tyler, Stephen J. Schulhofer, and Aziz Huq
Improving the FDA Approval Process, Mark Van Der Laan, Anup Malani, and Oliver Van Der Bembom
Submissions from 2010
When the WTO Works, and How It Fails, Anu Bradford
A Lot to Ask: Review Essay of Martha Nussbaum's From Disgust to Humanity: Sexual Orientation and Constitutional Law, Mary Anne Case
What Feminists Have to Lose in Same-Sex Marriage Litigation, Mary Anne Case
Amending Constituting Identity, Rosalind Dixon
Possession Puzzles, Lee Anne Fennell
Unbundling Risk, Lee Anne Fennell
Willpower Taxes, Lee Anne Fennell
Agency Design and Distributive Politics, Jacob Gersen and Christopher R. Berry
Voters, Non-voters, and the Implications of Election Timing for Public Policy, Jacob Gersen and Christopher R. Berry
Constitutional Specificity, Unwritten Understandings and Constitutional Agreement, Tom Ginsburg
Eastphalia as a Return to Westphalia, Tom Ginsburg
Judicial Independence in East Asia: Implications for China, Tom Ginsburg
Lawrence Friedman's Comparative Law, Tom Ginsburg
Studying Japanese Law because It's There, Tom Ginsburg
Written Constitutions and the Administrative State: On the Constitutional Character of Administrative Law, Tom Ginsburg
On the Evasion of Executive Term Limits, Tom Ginsburg, James Melton, and Zachary Elkins
Risk As a Proxy for Race, Bernard E. Harcourt
Against National Security Exceptionalism, Aziz Huq
Easterbrook on Academic Freedom, Aziz Huq
Modeling Terrorist Radicalization, Aziz Huq
What Good Is Habeas?, Aziz Huq
Federalists, Federalism and Federal Jurisdiction, Alison LaCroix
Temporal Imperialism, Alison LaCroix
Legal Formalism and Legal Realism: What Is the Issue?, Brian Leiter
Rorty and the Philosophical Tradition: A Comment on Professor Szubka, Brian Leiter
The Demarcation Problem in Jurisprudence: A New Case for Skepticism, Brian Leiter
The Radicalism of Legal Positivism, Brian Leiter
Booker Reconsidered, Jonathan Masur
Patent Inflation, Jonathan Masur
Retribution and the Experience of Punishment, Jonathan Masur, John Bronsteen, and Christopher Buccafusco
Randomization and the Fourth Amendment, Tracey L. Meares and Bernard E. Harcourt
The Institutional Dynamics of Transition Relief, Jonathan Remy Nash and Jonathan Masur
The Constitution of the Roman Republic: A Political Economy Perspective, Eric A. Posner
Foreign Affairs Legalism: A Critique, Eric A. Posner and Daniel Abebe
Universal Exceptionalism in International Law, Eric A. Posner and Anu Bradford
The Limits of Constitutional Convergence, Eric A. Posner and Rosalind Dixon
Climate Regulation and the Limits of Cost-Benefit Analysis, Eric A. Posner and Jonathan Masur
Low Stakes and Constitutional Interpretation, Adam M. Samaha
On Law's Tiebreakers, Adam M. Samaha
The Story of FCC v. Pacifica Foundatin (and Its Second Life), Adam M. Samaha
Pseudonymous Litigation, Lior Strahilevitz
Reunifying Privacy Law, Lior Strahilevitz
Legitimacy and Deterrence Effects in Counter-Terrorism Policing: A Study of Muslim Americans, Tom R. Tyler, Stephen J. Schulhofer, and Aziz Huq
Submissions from 2009
Great Power Politics and the Structure of Foreign Relations Law, Daniel Abebe
A Few Words in Favor of Cultivating an Incest Taboo in the Workplace, Mary Anne Case