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Harvard Law School, Public Law & Legal Theory Research Paper Series
301,082 Total downloads | Link to this page | Subscribe to this eJournal (requires login)

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Showing Papers 1 - 50 of 561
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Incl. Electronic Paper Religion and Reproductive Technology
Law, Religion, and Health in the United States (Holly Fernandez Lynch, I. Glenn Cohen, Elizabeth Sepper eds, 2017 Forthcoming)
I. Glenn Cohen
Harvard Law School
Date Posted: June 26, 2016
Accepted Paper Series
15 downloads

Incl. Electronic Paper Fiduciary Financial Advice to Retirement Savers: Don't Overlook the Prudent Investor Rule
Harvard John M. Olin Center for Law, Economics, and Business, Discussion Paper No. 867, 2016
Max M. Schanzenbach and Robert H. Sitkoff
Northwestern University - School of Law and Harvard Law School
Date Posted: June 15, 2016
Working Paper Series
197 downloads

Incl. Electronic Paper Values and Assumptions in Criminal Adjudication
Harvard Law Review Forum (2016), Harvard Public Law Working Paper No. 16-41
Benjamin Levin
Harvard Law School
Date Posted: June 13, 2016
Last Revised: June 23, 2016
Accepted Paper Series
31 downloads

Incl. Electronic Paper The Logic of Comparable-Case Guidance in the Determination of Awards for Pain and Suffering and Punitive Damages
University of Cincinnati Law Review, Forthcoming
Hillel J Bavli
Harvard University
Date Posted: June 13, 2016
Accepted Paper Series
36 downloads

Incl. Electronic Paper Regaining Perspective: Constitutional Criminal Adjudication in the U.S. Supreme Court
100 Minn. L. Rev. 1985 (2016), Harvard Public Law Working Paper, No. 16-40
Andrew Manuel Crespo
Harvard Law School
Date Posted: June 12, 2016
Last Revised: June 24, 2016
Accepted Paper Series
49 downloads

Incl. Electronic Paper Systemic Facts: Toward Institutional Awareness in Criminal Courts
129 Harv. L. Rev. 2049, 2016, Harvard Public Law Working Paper No. 16-39
Andrew Manuel Crespo
Harvard Law School
Date Posted: June 12, 2016
Last Revised: June 23, 2016
Accepted Paper Series
42 downloads

Incl. Electronic Paper The Fourth Amendment as Administrative Governance
Stanford Law Review, Vol. 68, No. 5, 2016, Harvard Public Law Working Paper No. 16-38
Daphna Renan
Harvard Law School
Date Posted: June 09, 2016
Last Revised: June 24, 2016
Accepted Paper Series
51 downloads

Incl. Electronic Paper The Unbearable Lightness of Tea Leaves: Constitutional Political Economy in Court
Texas Law Review, vol. 94, no. 7 (2016) , Harvard Public Law Working Paper No. 16-30
Frank I. Michelman
Harvard Law School
Date Posted: May 31, 2016
Last Revised: June 07, 2016
Accepted Paper Series
73 downloads

Incl. Electronic Paper The FISC's Stealth Administrative Law
in Global Intelligence Oversight: Governing Security in the Twenty-First Century (Oxford University Press, 2016) , Harvard Public Law Working Paper No. 16-37
Daphna Renan
Harvard Law School
Date Posted: May 31, 2016
Last Revised: June 23, 2016
Accepted Paper Series
16 downloads

Incl. Electronic Paper Pooling Powers
Columbia Law Review, Vol. 115, No. 2, 2015, Harvard Public Law Working Paper No. 16-22
Daphna Renan
Harvard Law School
Date Posted: May 31, 2016
Last Revised: June 07, 2016
Accepted Paper Series
35 downloads

Incl. Electronic Paper Proportionality Outside the Courts (With Special Reference to Popular and Political Constitutionalism)
Vicki Jackson & Mark Tushnet, eds., Proportionality: New Frontiers, New Challenges (Cambridge University Press, Forthcoming), Harvard Public Law Working Paper No. 16-29
Frank I. Michelman
Harvard Law School
Date Posted: May 26, 2016
Last Revised: June 09, 2016
Accepted Paper Series
53 downloads

Incl. Electronic Paper Legitimacy, the Social Turn, and Constitutional Review: What Political Liberalism Suggests
Critical Quarterly for Legislation and Law, No. 3, 2015, Harvard Public Law Working Paper No. 16-28
Frank I. Michelman
Harvard Law School
Date Posted: May 25, 2016
Last Revised: June 07, 2016
Accepted Paper Series
115 downloads

Incl. Electronic Paper Fusing the Equitable Function in Private Law
Forthcoming, Private Law in the 21st Century, Kit Barker, Karen Fairweather, and Ross Grantham eds., Oxford: Hart, Harvard Public Law Working Paper No. 16-27
Henry E. Smith
Harvard Law School
Date Posted: May 25, 2016
Last Revised: June 07, 2016
Accepted Paper Series
134 downloads

Incl. Electronic Paper Integration of Corporate and Shareholder Taxes
National Tax Journal, Forthcoming, Yale Law & Economics Research Paper No. 540, Columbia Law and Economics Working Paper No. 541, Harvard Public Law Working Paper No. 16-36
Michael J. Graetz and Alvin C. Warren Jr.
Columbia Law School and Harvard Law School
Date Posted: May 16, 2016
Last Revised: June 24, 2016
Accepted Paper Series
145 downloads

Incl. Electronic Paper The 'China, Inc.' Challenge to Global Trade Governance
Harvard International Law Journal, Vol. 57, Forthcoming, Harvard Public Law Working Paper No. 16-35
Mark Wu
Harvard Law School
Date Posted: May 15, 2016
Last Revised: June 23, 2016
Accepted Paper Series
198 downloads

Incl. Electronic Paper Financial Regulation: Law and Policy, Chapter 1.1 - Finance Today
Financial Regulation: Law and Policy, Foundation Press, May 2016, U of Michigan Law & Econ Research Paper No. 16-014, U of Michigan Public Law Research Paper No. 507, Harvard Public Law Working Paper No. 16-34
Michael S. Barr , Howell E. Jackson and Margaret E. Tahyar
University of Michigan Law School , Harvard Law School and Davis Polk & Wardwell LLP
Date Posted: May 15, 2016
Last Revised: June 23, 2016
Accepted Paper Series
38 downloads

Incl. Electronic Paper One Last Word on the Blackstone Principle
102 Virginia Law Review Online 34 (2016), Harvard Public Law Working Paper No. 16-33
Daniel Epps
Washington University in St. Louis
Date Posted: May 04, 2016
Last Revised: June 23, 2016
Accepted Paper Series
61 downloads

Incl. Electronic Paper The Myths of Macpherson
9 Journal of Tort Law (2016, Forthcoming), Fordham Law Legal Studies Research Paper No. 2770725, Harvard Public Law Working Paper No. 16-32
John C. P. Goldberg and Benjamin C. Zipursky
Harvard Law School and Fordham University School of Law
Date Posted: April 27, 2016
Last Revised: June 23, 2016
Working Paper Series
114 downloads

Incl. Electronic Paper Triangular Torts and Fiduciary Duties
in Andrew Gold & Paul B. Miller, Contract, Status and Fiduciary Law (2016, Forthcoming), Fordham Law Legal Studies Research Paper No. 2770722, Harvard Public Law Working Paper No. 16-31
John C. P. Goldberg and Benjamin C. Zipursky
Harvard Law School and Fordham University School of Law
Date Posted: April 27, 2016
Last Revised: June 23, 2016
Working Paper Series
112 downloads

Incl. Electronic Paper The Coverage/Protection Distinction in the Law of Freedom of Speech – An Essay on Meta-Doctrine in Constitutional Law
Harvard Public Law Working Paper No. 16-26
Mark Tushnet
Harvard Law School
Date Posted: April 27, 2016
Last Revised: June 07, 2016
Working Paper Series
89 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
113 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
519 downloads

Incl. Electronic Paper Lobbying and the Petition Clause
68 Stan. L. Rev. 1131 (2016)., Harvard Public Law Working Paper No. 16-21
Maggie McKinley

Date Posted: April 11, 2016
Last Revised: June 09, 2016
Accepted Paper Series
214 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
1970 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
471 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
1330 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, UNLV William S. Boyd School of Law Legal Studies Research Paper
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: June 15, 2016
Accepted Paper Series
98 downloads

Incl. Electronic Paper The Exceptional Role of Courts in the Constitutional Order
Harvard Public Law Working Paper No. 16-25
Nicholas W. Barber and Adrian Vermeule
University of Oxford - Faculty of Law and Harvard Law School
Date Posted: February 20, 2016
Last Revised: June 07, 2016
Working Paper Series
236 downloads

Incl. Electronic Paper Revocable Trusts and Incapacity Planning: More than Just a Will Substitute
Elder Law Journal, Vol. 24, 2016, Forthcoming, Harvard Public Law Working Paper No. 16-24
David Joseph Feder and Robert H. Sitkoff
Munger, Tolles & Olson, LLP and Harvard Law School
Date Posted: February 11, 2016
Last Revised: June 07, 2016
Accepted Paper Series
260 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
158 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
129 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
341 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
57 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
555 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
913 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
225 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
114 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
125 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
235 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
2260 downloads

Incl. Electronic Paper The New Coke: On the Plural Aims of Administrative Law
Supreme Court Review, Forthcoming, Harvard Public Law Working Paper No. 16-23
Cass R. Sunstein and Adrian Vermeule
Harvard Law School and Harvard Law School
Date Posted: July 17, 2015
Last Revised: June 07, 2016
Working Paper Series
624 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
199 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
296 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
94 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
312 downloads


 

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