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Harvard Law School, Public Law & Legal Theory Research Paper Series
296,463 Total downloads | Link to this page | Subscribe to this eJournal (requires login)

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Showing Papers 1 - 50 of 543
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Incl. Electronic Paper The Coverage/Protection Distinction in the Law of Freedom of Speech – An Essay on Meta-Doctrine in Constitutional Law
Mark Tushnet
Harvard Law School
Date Posted: April 27, 2016
Working Paper Series
59 downloads

Incl. Electronic Paper Credit Scores, Lending, and Psychosocial Disability
Boston University Law Review, Vol. 95, p. 1807, 2015, Harvard Public Law Working Paper No. 16-16, Thomas Jefferson School of Law Research Paper No. 2765649
Christopher P. Guzelian , Michael Ashley Stein and H. S. Akiskal
Thomas Jefferson School of Law , University of California, San Diego (UCSD) - Department of Psychology
Date Posted: April 18, 2016
Last Revised: May 16, 2016
Accepted Paper Series
105 downloads

Incl. Electronic Paper Antonin Scalia, Living Constitutionalist
Harvard Law Review, Forthcoming, Harvard Public Law Working Paper No. 16-15
Cass R. Sunstein
Harvard Law School
Date Posted: April 11, 2016
Last Revised: April 22, 2016
Accepted Paper Series
490 downloads

Incl. Electronic Paper Lobbying and the Petition Clause
Stanford Law Review, Forthcoming
Maggie McKinley

Date Posted: April 11, 2016
Accepted Paper Series
146 downloads

Incl. Electronic Paper The Application of International Environmental Law Principles in Latin America. Compilation of a Database of Superior Courts Case-Law, and Initial Findings.
Virginia Sanfelice , Geert van Calster and Leonie Reins
Universidade de Coimbra, Faculty of Law, Students , K.U. Leuven and KU Leuven - Faculty of Law
Date Posted: April 06, 2016
Working Paper Series
18 downloads

Incl. Electronic Paper The Sex Bureaucracy
California Law Review, Vol. 104, August 2016, Forthcoming, Harvard Public Law Working Paper No. 16-13
Jacob E. Gersen and Jeannie Suk
Harvard University and Harvard Law School
Date Posted: March 24, 2016
Last Revised: April 22, 2016
Accepted Paper Series
1804 downloads

Incl. Electronic Paper Cost-Benefit Analysis and Arbitrariness Review
Harvard Public Law Working Paper No. 16-12
Cass R. Sunstein
Harvard Law School
Date Posted: March 20, 2016
Last Revised: April 22, 2016
Working Paper Series
332 downloads

Incl. Electronic Paper Why Ted Cruz Is Not a Natural Born Citizen Eligible to Be President and Why the Issue Is Not a Political Question
Harvard Public Law Working Paper No. 16-11
Einer Elhauge
Harvard Law School
Date Posted: March 18, 2016
Last Revised: May 04, 2016
Working Paper Series
1309 downloads

Incl. Electronic Paper Making Peace with Your Enemy: Nelson Mandela and His Contributions to Conflict Resolution
Nevada Law Journal, Vol. 16, 2015, UC Irvine School of Law Research Paper No. 2016-11, Harvard Public Law Working Paper No. 16-10
Jean R. Sternlight , Andrea Kupfer Schneider , Penelope Andrews , Richard J. Goldstone , Carrie Menkel-Meadow and Robert H. Mnookin
University of Nevada, Las Vegas, William S. Boyd School of Law , Marquette University - Law School , University of Cape Town (UCT) - Faculty of Law , Independent , University of California Irvine, School of Law and Harvard Law School
Date Posted: March 17, 2016
Last Revised: April 22, 2016
Accepted Paper Series
86 downloads

Incl. Electronic Paper The Exceptional Role of Courts in the Constitutional Order
Nicholas W. Barber and Adrian Vermeule
University of Oxford - Faculty of Law and Harvard Law School
Date Posted: February 20, 2016
Working Paper Series
170 downloads

Incl. Electronic Paper Revocable Trusts and Incapacity Planning: More than Just a Will Substitute
Elder Law Journal, Vol. 24, 2016, Forthcoming
David Joseph Feder and Robert H. Sitkoff
Munger, Tolles & Olson, LLP and Harvard Law School
Date Posted: February 11, 2016
Last Revised: May 03, 2016
Accepted Paper Series
242 downloads

Public and Private in Classical Athenian Law Enforcement
Ando & Rupke, eds., Public and Private in Ancient Mediterranean Law and Religion (deGruyter 2015), Harvard Public Law Working Paper No. 16-09
Adriaan Lanni
Harvard Law School
Date Posted: February 07, 2016
Last Revised: March 16, 2016
Accepted Paper Series

Disqualified Olympians: The Skeptical Greek View of Divine Judges
Mermerlstein & Holtz, eds., The Divine Courtroom in Comparative Perspective (Brill 2014), Harvard Public Law Working Paper No. 16-08
Adriaan Lanni and Victor Bers
Harvard Law School and Yale University
Date Posted: February 07, 2016
Last Revised: March 16, 2016
Accepted Paper Series

Collective Sanctions in Classical Athens
Kehoe & McGinn, Ancient Law, Ancient Society (Forthcoming), Harvard Public Law Working Paper No. 16-07
Adriaan Lanni
Harvard Law School
Date Posted: February 05, 2016
Last Revised: March 16, 2016
Accepted Paper Series

Incl. Electronic Paper Randomized Control Trials in the United States Legal Profession
Harvard Public Law Working Paper No. 16-06
D. James Greiner and Andrea Matthews
Harvard Law School
Date Posted: February 03, 2016
Last Revised: March 16, 2016
Working Paper Series
141 downloads

Incl. Electronic Paper The Constitutional Approach to Money: Monetary Design and the Production of the Modern World
Nina Bandelj, Frederick F. Wherry, and Viviana Zelizer, eds., Money Talks, Forthcoming, Harvard Public Law Working Paper No. 16-05
Christine A. Desan
Harvard Law School
Date Posted: January 30, 2016
Last Revised: March 16, 2016
Accepted Paper Series
125 downloads

Incl. Electronic Paper The Votes of Other Judges
Harvard Public Law Working Paper No. 16-04
Eric A. Posner and Adrian Vermeule
University of Chicago - Law School and Harvard Law School
Date Posted: January 29, 2016
Last Revised: March 16, 2016
Working Paper Series
321 downloads

Incl. Electronic Paper You Help Me, He Helps You: Dispute Systems Design in the Sharing Economy
Washington University Journal of Law and Policy, Vol. 48, 2015, Harvard Public Law Working Paper No. 16-03
Heather Scheiwe Kulp and Amanda L. Kool
Negotiation and Mediation Clinical Program and Harvard University, Law School - Faculty, Transactional Law Clinics
Date Posted: January 22, 2016
Last Revised: March 16, 2016
Accepted Paper Series
51 downloads

Incl. Electronic Paper The Unbearable Rightness of Auer
Forthcoming, University of Chicago Law Review, Harvard Public Law Working Paper No. 16-02
Cass R. Sunstein and Adrian Vermeule
Harvard Law School and Harvard Law School
Date Posted: January 18, 2016
Last Revised: May 22, 2016
Accepted Paper Series
501 downloads

Incl. Electronic Paper The Rise of Behavioral Economics: Richard Thaler's 'Misbehaving'
Harvard Public Law Working Paper No. 16-01
Cass R. Sunstein
Harvard Law School
Date Posted: January 16, 2016
Last Revised: March 16, 2016
Working Paper Series
854 downloads

Incl. Electronic Paper Criminal Labor Law
Berkeley Journal of Employment and Labor Law, 2016, Forthcoming, Harvard Public Law Working Paper No. 15-19
Benjamin Levin
Harvard Law School
Date Posted: October 23, 2015
Last Revised: April 07, 2016
Accepted Paper Series
203 downloads

Incl. Electronic Paper The Numerus Clausus Principle, Property Customs, and the Emergence of New Property Forms
Iowa Law Review, Vol. 100, 2015, Harvard Public Law Working Paper #15-18
Yun-chien Chang and Henry E. Smith
Academia Sinica - Institutum Iurisprudentiae (IIAS) and Harvard Law School
Date Posted: October 03, 2015
Last Revised: March 16, 2016
Accepted Paper Series
107 downloads

Incl. Electronic Paper Regulation of Emerging Risks
69 Vanderbilt Law Review 401 (2016), Harvard Public Law Working Paper No. 15-17
Matthew Wansley
Harvard Law School
Date Posted: August 18, 2015
Last Revised: April 01, 2016
Accepted Paper Series
113 downloads

Incl. Electronic Paper Virtuous Capture
Administrative Law Review, Forthcoming, Harvard Public Law Working Paper No. 15-16
Matthew Wansley
Harvard Law School
Date Posted: August 11, 2015
Last Revised: October 14, 2015
Accepted Paper Series
115 downloads

Incl. Electronic Paper Thin Rationality Review
Harvard Public Law Working Paper No. 15-15
Jacob E. Gersen and Adrian Vermeule
Harvard University and Harvard Law School
Date Posted: August 05, 2015
Last Revised: February 08, 2016
Working Paper Series
223 downloads

Incl. Electronic Paper Cost-Benefit Analysis as a Commitment Device
Temple Law Review, Vol. 87, No. 3, 2015, Harvard Public Law Working Paper No. 15-14
Matthew Wansley
Harvard Law School
Date Posted: July 30, 2015
Last Revised: October 14, 2015
Accepted Paper Series
84 downloads

Incl. Electronic Paper Horizontal Shareholding
109 Harvard Law Review 1267 (2016), Harvard Public Law Working Paper No. 16-17
Einer Elhauge
Harvard Law School
Date Posted: July 18, 2015
Last Revised: April 22, 2016
Accepted Paper Series
2132 downloads

Incl. Electronic Paper The New Coke: On the Plural Aims of Administrative Law
Supreme Court Review, Forthcoming
Cass R. Sunstein and Adrian Vermeule
Harvard Law School and Harvard Law School
Date Posted: July 17, 2015
Last Revised: March 15, 2016
Working Paper Series
558 downloads

Incl. Electronic Paper Equity as Second-Order Law: The Problem of Opportunism
Harvard Public Law Working Paper No. 15-13
Henry E. Smith
Harvard Law School
Date Posted: June 13, 2015
Last Revised: October 14, 2015
Working Paper Series
187 downloads

Incl. Electronic Paper Deference and Due Process
Harvard Law Review, Forthcoming, Harvard Public Law Working Paper No. 15-12
Adrian Vermeule
Harvard Law School
Date Posted: May 29, 2015
Last Revised: August 18, 2015
Accepted Paper Series
288 downloads

Incl. Electronic Paper Against Kadijustiz: On the Negative Citation of Foreign Law
Suffolk University Law Review, Vol. XLVIII, No. 343, 2015, Harvard Public Law Working Paper No. 15-11
Intisar A. Rabb
Harvard Law School
Date Posted: May 08, 2015
Last Revised: June 27, 2015
Accepted Paper Series
92 downloads

Incl. Electronic Paper Political Entrenchment and Public Law
Yale Law Journal, Forthcoming, Harvard Public Law Working Paper No. 15-07, NYU School of Law, Public Law Research Paper No. 15-19
Daryl J. Levinson and Benjamin I. Sachs
Harvard Law School
Date Posted: April 20, 2015
Last Revised: June 16, 2015
Accepted Paper Series
309 downloads

Incl. Electronic Paper Resolving Reverse-Payment Settlements with the Smoking Gun of Stock Price Movements
81 Iowa Law Review 1581 (2016), Harvard Public Law Working Paper No. 16-18
Thomas G. McGuire , Keith Drake , Einer Elhauge , Raymond S. Hartman and Martha Starr
Harvard Medical School - Department of Health Care Policy , Greylock McKinnon Associates , Harvard Law School , Greylock McKinnon Associates and American University - Department of Economics
Date Posted: April 15, 2015
Last Revised: May 18, 2016
Accepted Paper Series
173 downloads

Incl. Electronic Paper The Welfare Effects of Metering Ties
Harvard Public Law Working Paper No. 16-20
Einer Elhauge and Barry J. Nalebuff
Harvard Law School and Yale University - Yale School of Management
Date Posted: April 09, 2015
Last Revised: May 04, 2016
Working Paper Series
126 downloads

Incl. Electronic Paper Constitutional Law: Critical and Comparative
Harvard Public Law Working Paper No. 15-09
Mark Tushnet
Harvard Law School
Date Posted: April 04, 2015
Last Revised: June 16, 2015
Working Paper Series
168 downloads

Incl. Electronic Paper New Institutional Mechanisms for Making Constitutional Law
Harvard Public Law Working Paper No. 15-08
Mark Tushnet
Harvard Law School
Date Posted: April 04, 2015
Last Revised: June 16, 2015
Working Paper Series
222 downloads

Incl. Electronic Paper Civil Rights Policy
Harvard Public Law Working Paper No. 15-10
Mark Tushnet
Harvard Law School
Date Posted: April 04, 2015
Last Revised: June 16, 2015
Accepted Paper Series
190 downloads

Incl. Electronic Paper The Prudent Investor Rule and Market Risk: An Empirical Analysis
Harvard Public Law Working Paper No. 15-06, Northwestern Public Law Research Paper No. 15-16
Max M. Schanzenbach and Robert H. Sitkoff
Northwestern University - School of Law and Harvard Law School
Date Posted: March 25, 2015
Last Revised: April 19, 2016
Working Paper Series
318 downloads

Incl. Electronic Paper Civil Disobedience, State Action, and Lawmaking Outside the Courts: Robert Bell's Encounter with American Law
Journal of Supreme Court History, Vol. 39, No. 3 (Nov. 2014): 347-71, Harvard Public Law Working Paper No. 15-04
Kenneth W. Mack
Harvard Law School
Date Posted: March 08, 2015
Last Revised: April 04, 2015
Accepted Paper Series
77 downloads

Incl. Electronic Paper Contrived Threats v. Uncontrived Warnings: A General Solution to the Puzzles of Contractual Duress, Unconstitutional Conditions, and Blackmail
83 University of Chicago Law Review 503 (2016), Harvard Public Law Working Paper No. 15-05
Einer Elhauge
Harvard Law School
Date Posted: February 17, 2015
Last Revised: May 19, 2016
Accepted Paper Series
722 downloads

Incl. Electronic Paper Property Law Conflicts
54 Washburn Law Journal 139 (2014), Harvard Public Law Working Paper No. 15-03
Joseph William Singer
Harvard Law School
Date Posted: January 23, 2015
Last Revised: April 04, 2015
Accepted Paper Series
115 downloads

Incl. Electronic Paper Rehabilitating Jefferson Parish: Why Ties Without a Substantial Foreclosure Share Should Not Be Per Se Legal
80 Antitrust Law Journal 463 (2016), Harvard Public Law Working Paper No. 16-19, Harvard Law School John M. Olin Center Discussion Paper No. 801
Einer Elhauge
Harvard Law School
Date Posted: November 22, 2014
Last Revised: May 14, 2016
Accepted Paper Series
208 downloads

Incl. Electronic Paper Regulating the Organ Market: Normative Foundations for Market Regulation
Law and Contemporary Problems, Vol. 77, No. 3, 2014, Harvard Public Law Working Paper No. 15-02
I. Glenn Cohen
Harvard Law School
Date Posted: November 04, 2014
Last Revised: April 04, 2015
Accepted Paper Series
237 downloads

Incl. Electronic Paper Front Matter, Preface, and An Introduction to: Patients with Passports Medical Tourism Law and Ethics
I. Glenn Cohen, Patients with Passports: Medical tourism, Law and Ethics (OUP 2014), Harvard Public Law Working Paper No. 14-41
I. Glenn Cohen
Harvard Law School
Date Posted: October 27, 2014
Last Revised: December 11, 2014
Accepted Paper Series
233 downloads

FDA Regulation of Mobile Health Technologies
370 New England Journal of Medicine 372 (2014) , Harvard Public Law Working Paper No. 14-40
Nathan Cortez , I. Glenn Cohen and Aaron S. Kesselheim
Southern Methodist University - Dedman School of Law , Harvard Law School and Brigham and Women's Hospital/Harvard Medical School
Date Posted: October 22, 2014
Last Revised: December 04, 2014
Accepted Paper Series

Physicians, Medical Ethics, and Execution by Lethal Injection
311 JAMA 2375 (2014) , Harvard Public Law Working Paper No. 14-39
Robert D. Truog , I. Glenn Cohen and Mark Rockoff
Harvard Medical School , Harvard Law School and Children's Hospital Boston
Date Posted: October 22, 2014
Last Revised: December 06, 2014
Accepted Paper Series

The Taxing Power and the Public's Health
367 New England Journal of Medicine 1777 (2012)
I. Glenn Cohen and Michelle M. Mello
Harvard Law School and Stanford Law School
Date Posted: October 22, 2014
Accepted Paper Series

S.H. and Others v. Austria and Circumvention Tourism
Reproductive Biomedicine Online (2012)
I. Glenn Cohen
Harvard Law School
Date Posted: October 21, 2014
Accepted Paper Series

Plan B: Access to Emergency Contraception in the Legal and Political Cross Hairs
88 CONTRACEPTION 477 (2013) , Harvard Public Law Working Paper No. 14-36
I. Glenn Cohen , Lisa Sullivan and Eli Y Adashi
Harvard Law School , Independent and Brown University Medical School
Date Posted: October 21, 2014
Last Revised: December 04, 2014
Accepted Paper Series

Clinical Trials and the Right to Remain Silent
174 JAMA Internal Medicine E1 (2014), Stanford Public Law Working Paper No. 2512398, Harvard Public Law Working Paper No. 14-32
I. Glenn Cohen and Michelle M. Mello
Harvard Law School and Stanford Law School
Date Posted: October 21, 2014
Last Revised: December 04, 2014
Accepted Paper Series


 

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