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Boston University Public Law & Legal Theory Research Paper Series
72,374 Total downloads | Link to this page | Subscribe to this eJournal (requires login)

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Showing Papers 1 - 50 of 305
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Incl. Electronic Paper The Costs and Bene fits of United States Patents
Boston Univ. School of Law, Public Law Research Paper No. 13-24, Boston Univ. School of Law, Law and Economics Research Paper No. 13-24
John L. Turner , James E. Bessen , Peter Neuhäusler and Jonathan W. Williams
University of Georgia - C. Herman and Mary Virginia Terry College of Business - Department of Economics , Boston University - School of Law , Fraunhofer Institute for Systems and Innovation Research ISI and University of Georgia - C. Herman and Mary Virginia Terry College of Business - Department of Economics
Date Posted: June 12, 2013
Working Paper Series
134 downloads

Incl. Electronic Paper Making sense of Substantive Legitimate Expectations
Chaminda Jayasinghe
Independent
Date Posted: June 10, 2013
Working Paper Series
6 downloads

Incl. Electronic Paper Punishment Without Conviction: Controlling The Use of Unconvicted Conduct in Federal Sentencing
Berkeley Journal of Criminal Law 17:2 Fall 2012, Boston Univ. School of Law, Public Law Research Paper No. 13-21
Gerald Leonard and Christine Dieter
Boston University School of Law and Boston University
Date Posted: June 04, 2013
Accepted Paper Series
15 downloads

Incl. Electronic Paper Sovereignty, Integration and Tax Avoidance in the European Union: Striking the Proper Balance
Columbia Journal of Transnational Law, Vol. 48, pp. 177-241 (2010), Boston Univ. School of Law, Public Law Research Paper No. 10-46
Lilian V. Faulhaber
Boston University - School of Law
Date Posted: May 31, 2013
Last Revised: June 11, 2013
Accepted Paper Series
6 downloads

Ordered Liberty: Rights, Responsibilities, and Virtues
James E. Fleming and Linda C. McClain, Ordered Liberty: Rights, Responsibilities, and Virtues, Harvard University Press, 2013, Boston Univ. School of Law, Public Law Research Paper No. 13-19
James E. Fleming and Linda C. McClain
Boston University - School of Law and Boston University - School of Law
Date Posted: May 26, 2013
Accepted Paper Series

Incl. Electronic Paper What is Parenthood?: Contemporary Debates about the Family
Linda C. McClain and Daniel Cere, eds., What is Parenthood?: Contemporary Debates about the Family (New York University Press, 2013); Linda C. McClain and Daniel Cere, "Introduction to What is Parenthood?: Contemporary Debates about the Family.", Boston Univ. School of Law, Public Law Research Paper No. 13-18
Linda C. McClain and Daniel Cere
Boston University - School of Law and McGill University, Faculty of Religious Studies
Date Posted: May 24, 2013
Accepted Paper Series
19 downloads

Limiting 'Sugary Drinks' to Reduce Obesity — Who Decides?
368 New England Journal of Medicine 1763 (May 9, 2013), Boston Univ. School of Law, Public Law Research Paper No. 13-20
Wendy K. Mariner and George J. Annas
Boston University School of Law and Boston University School of Public Health
Date Posted: May 23, 2013
Accepted Paper Series

Incl. Electronic Paper Charitable Giving, Tax Expenditures, and the Fiscal Future of the European Union
Boston Univ. School of Law, Public Law Research Paper No. 13-17, Boston Univ. School of Law, Law and Economics Research Paper No. 13-17
Lilian V. Faulhaber
Boston University - School of Law
Date Posted: May 22, 2013
Working Paper Series
23 downloads

Confronting Injustice: Moral History and Political Theory
David Lyons, Confronting Injustice: Moral History and Political Theory, Oxford University Press, May 2013, Boston Univ. School of Law, Public Law Research Paper No. 13-16
David Lyons
Boston University School of Law
Date Posted: May 07, 2013
Accepted Paper Series

Incl. Electronic Paper The Arab-Israeli Conflict and International Law
Boston Univ. School of Law, Public Law Research Paper No. 13-11
S. Michael Lynk and Susan Musarrat Akram
University of Western Ontario - Faculty of Law and Boston University School of Law
Date Posted: April 23, 2013
Working Paper Series
50 downloads

Incl. Electronic Paper Ethical Issues in Mass Tort Plaintiffs' Representation: Beyond the Aggregate Settlement Rule
Fordham Law Review, Vol. 81, 2013, Boston Univ. School of Law, Public Law Research Paper No. 13-9
Nancy J. Moore
Boston University School of Law
Date Posted: April 11, 2013
Accepted Paper Series
27 downloads

Incl. Electronic Paper Some Thoughts on the First Amendment's Religion Clauses and Abner Greene's Against Obligation, with Reference to Patton Oswalt's Character 'Paul from Staten Island' in the Film Big Fan
Boston University Law Review, 2013, Boston Univ. School of Law, Public Law Research Paper No. 13-08
Jay Wexler
Boston University School of Law
Date Posted: April 05, 2013
Accepted Paper Series
25 downloads

Incl. Electronic Paper When Pregnancy is an Injury: Rape, Law, and Culture
Boston Univ. School of Law, Public Law Research Paper No. 13-7, Stanford Law Review, Vol. 65, p. 457 (March, 2013)
Khiara M. Bridges
Boston University - School of Law
Date Posted: March 29, 2013
Accepted Paper Series
68 downloads

Incl. Electronic Paper Amicus Brief of Family and Child Welfare Law Professors on the Merits of United States v. Windsor
UC Davis Legal Studies Research Paper No. 329, Boston Univ. School of Law, Public Law Research Paper No. 13-12, UC Berkeley Public Law Research Paper No. 2239880
Courtney G. Joslin , Joan Heifetz Hollinger and Katharine Baird Silbaugh
University of California, Davis - School of Law , University of California, Berkeley - School of Law and Boston University - School of Law
Date Posted: March 27, 2013
Last Revised: May 02, 2013
Working Paper Series
27 downloads

Incl. Electronic Paper Dismantling Large Bank Holding Companies for Their Own Good and for the Good of the Country
Boston Univ. School of Law, Law and Economics Research Paper No. 13-05, Boston Univ. School of Law, Public Law Research Paper No. 13-05
Tamar Frankel
Boston University School of Law
Date Posted: March 24, 2013
Working Paper Series
77 downloads

Reframing Federalism: The Affordable Care Act (and Broccoli) in the Supreme Court
367 New England Journal of Medicine 1154 (2012) , Boston Univ. School of Law, Public Law Research Paper No. 13-14
Wendy K. Mariner , Leonard H. Glantz and George J. Annas
Boston University School of Law , Boston University - School of Law and Boston University School of Public Health
Date Posted: March 23, 2013
Last Revised: May 06, 2013
Accepted Paper Series

Incl. Electronic Paper The Affordable Care Act and Health Promotion: The Role of Insurance in Defining Responsibility for Health Risks and Costs
Duquesne University Law Review, Vol. 54, p. 271, Spring 2012, Boston Univ. School of Law, Public Law Research Paper No. 13-10
Wendy K. Mariner
Boston University School of Law
Date Posted: March 23, 2013
Accepted Paper Series
40 downloads

Incl. Electronic Paper Breaking Bankruptcy Priority: How Rent-Seeking Upends the Creditors’ Bargain
Virginia Law Review, Vol. 99, No. 6, 2013 (Forthcoming), Harvard Public Law Working Paper No. 13-15, Boston Univ. School of Law, Law and Economics Research Paper No. 13-4, Boston Univ. School of Law, Public Law Research Paper No. 13-4
Mark J. Roe and Frederick Tung
Harvard Law School and Boston University School of Law
Date Posted: February 27, 2013
Accepted Paper Series
143 downloads

Incl. Electronic Paper Reforming the Age Discrimination in Employment Act: Proposals and Prospects
Employee Rights and Employment Policy Journal, Vol. 16, No. 1, 2012, Boston Univ. School of Law, Public Law Research Paper No. 12-57
Michael Harper
Boston University - School of Law
Date Posted: February 07, 2013
Accepted Paper Series
27 downloads

Incl. Electronic Paper The Causation Standard in Federal Employment Law: Gross v. FBL Financial Services, Inc., and the Unfulfilled Promise of the Civil Rights Act of 1991
Buffalo Law Review Vol. 58, No. 1, Boston Univ. School of Law, Public Law Research Paper No. 10-47
Michael Harper
Boston University - School of Law
Date Posted: February 07, 2013
Accepted Paper Series
4 downloads

Incl. Electronic Paper Judicial Control of the National Labor Relations Board's Lawmaking in the Age of Chevron and Brand X
Boston University Law Review, Vol. 89, No. 1, 2009, Boston Univ. School of Law, Public Law Research Paper No. 09-53
Michael Harper
Boston University - School of Law
Date Posted: February 07, 2013
Accepted Paper Series
4 downloads

Incl. Electronic Paper A New Board Policy on Deferral to Arbitration: Acknowledging and Delimiting Union Waiver of Employee Statutory Rights
FIU Law Review, Vol. 5, No. 2, Spring 2010, Boston Univ. School of Law, Public Law Research Paper No. 10-46
Michael Harper
Boston University - School of Law
Date Posted: February 07, 2013
Accepted Paper Series
2 downloads

Incl. Electronic Paper Eliminating the Need for Caps on Title VII Damage Awards: The Shield of Kolstad v. American Dental Association
New York University Journal of Legislation and Public Policy, Vol.14, No. 2, 2011, Boston Univ. School of Law, Research Paper No. 11-60
Michael Harper
Boston University - School of Law
Date Posted: February 07, 2013
Accepted Paper Series
4 downloads

Incl. Electronic Paper First Amendment Protection for Union Appeals to Consumers
Wisconsin Journal of Law, Gender & Society, Vol. XXVII, No. 2, Summer 2012, Boston Univ. School of Law, Public Law Research Paper No. 12-56
Michael Harper
Boston University - School of Law
Date Posted: February 05, 2013
Accepted Paper Series
8 downloads

Incl. Electronic Paper Zappers & Employment Tax Fraud
Boston Univ. School of Law, Public Law Research Paper No. 13-3, Boston Univ. School of Law, Law and Economics Research Paper No. 13-3
Richard Thompson Ainsworth
Boston University - School of Law
Date Posted: January 28, 2013
Last Revised: February 15, 2013
Working Paper Series
61 downloads

Incl. Electronic Paper Victim Fault and Victim Strict Responsibility in Anglo-American Tort Law
Boston Univ. School of Law, Public Law Research Paper, No. 13-1
Kenneth W. Simons
Boston University - School of Law
Date Posted: January 21, 2013
Last Revised: February 15, 2013
Working Paper Series
82 downloads

Incl. Electronic Paper Nature, Culture, and Social Engineering: Reflections on Evolution and Equality
Nomos LII: Evolution and Morality, James E. Fleming and Sanford Levinson, eds., NYU Press, 2012, Boston Univ. School of Law, Public Law Research Paper, No. 12-53
Linda C. McClain
Boston University - School of Law
Date Posted: December 09, 2012
Last Revised: February 15, 2013
Accepted Paper Series
73 downloads

Incl. Electronic Paper When the Tenth Justice Doesn't Bark: The Unspoken Freedom of Health Holding in NFIB v. Sebelius
Boston Univ. School of Law, Law and Economics Research Paper No. 12-44, Boston Univ. School of Law, Public Law Research Paper No. 12-44
Abigail R. Moncrieff
Boston University - School of Law
Date Posted: August 29, 2012
Working Paper Series
47 downloads

Incl. Electronic Paper The Baby and the Bath Water: The American Critique of European Contract Law
American Journal of Comparative Law, Forthcoming in Volume 61, Issue 3 (2013), Postnational Rulemaking between Authority and Autonomy Conference, Amsterdam, September 20-21, 2012. , Boston Univ. School of Law, Public Law Research Paper No. 12-43
Daniela Caruso
Boston University School of Law
Date Posted: August 25, 2012
Last Revised: February 14, 2013
Accepted Paper Series
46 downloads

Incl. Electronic Paper The 'Justice Deficit' Debate in EU Private Law: New Directions
Boston Univ. School of Law, Public Law Research Paper No. 12-42
Daniela Caruso
Boston University School of Law
Date Posted: August 24, 2012
Working Paper Series
47 downloads

Incl. Electronic Paper The Public Pension Crisis
Washington & Lee Law Review, Vol. 70, No. 1, Boston Univ. School of Law, Public Law Research Paper No. 12-48
Jack Michael Beermann
Boston University School of Law
Date Posted: August 18, 2012
Last Revised: September 24, 2012
Accepted Paper Series
380 downloads

Incl. Electronic Paper Plunging Into Endless Difficulties: Medicaid and Coercion in National Federation of Independent Businesses v. Sebelius
93 B.U.L. Rev. 1 (2013), Boston Univ. School of Law, Public Law Research Paper No. 12-40
Nicole Huberfeld , Elizabeth Weeks Leonard and Kevin Outterson
University of Kentucky College of Law , University of Georgia School of Law and Boston University School of Law
Date Posted: August 13, 2012
Last Revised: May 08, 2013
Accepted Paper Series
445 downloads

Incl. Electronic Paper Reverse Regulatory Arbitrage: An Auction Approach to Regulatory Assignments
University of Chicago Institute for Law & Economics Olin Research Paper No. 610, U of Chicago, Public Law Working Paper No. 397, Boston Univ. School of Law, Law and Economics Research Paper No. 12-49, Boston Univ. School of Law, Public Law Research Paper No. 12-49
M. Todd Henderson and Frederick Tung
University of Chicago - Law School and Boston University School of Law
Date Posted: August 13, 2012
Working Paper Series
66 downloads

Incl. Electronic Paper Jewish Identity and Judging: Seymour Simon of Illinois
Loyola University Chicago Law Journal, Vol. 44, 2013, Boston Univ. School of Law, Public Law Research Paper No. 12-47
Jack Michael Beermann
Boston University School of Law
Date Posted: August 02, 2012
Accepted Paper Series
28 downloads

Incl. Electronic Paper Midnight Rules: A Reform Agenda
Michigan Journal of Environmental and Administrative Law, Forthcoming, Boston Univ. School of Law, Public Law Research Paper, No. 12-58
Jack Michael Beermann
Boston University School of Law
Date Posted: August 02, 2012
Last Revised: February 15, 2013
Accepted Paper Series
27 downloads

Incl. Electronic Paper The Law and Economics of Products Liability
Boston Univ. School of Law, Public Law Research Paper No. 12-39, Boston Univ. School of Law, Law and Economics Research Paper No. 12-39
Keith N. Hylton
William Fairfield Warren Distinguished Professor, Boston University
Date Posted: July 25, 2012
Working Paper Series
145 downloads

Incl. Electronic Paper Understanding the Failure of Health-Care Exceptionalism in the Supreme Court's Obamacare Decision
CHEST, 2012, Forthcoming, Boston Univ. School of Law, Public Law Research Paper No. 12-37
Abigail R. Moncrieff
Boston University - School of Law
Date Posted: July 17, 2012
Last Revised: July 29, 2012
Accepted Paper Series
81 downloads

Incl. Electronic Paper VAT Fraud in the Customer Chain - The German Perfect Storm Cases
Boston Univ. School of Law, Public Law Research Paper No. 12-38
Richard Thompson Ainsworth
Boston University - School of Law
Date Posted: July 17, 2012
Working Paper Series
46 downloads

Slavery and the Rule of Law in Early Virginia
APSA 2012 Annual Meeting Paper, Boston Univ. School of Law, Public Law Research Paper No. 13-15, Being reprinted in David Lyons, CONFRONTING INJUSTICE: Moral History and Political Theory, Oxford University Press, May, 2013.
David Lyons
Boston University School of Law
Date Posted: July 13, 2012
Last Revised: May 06, 2013
Working Paper Series

Incl. Electronic Paper Mahagében KFT & Péter Dávid: Re-Directing the EU VAT's Perfect Storm
Boston Univ. School of Law, Public Law Research Paper No. 12-35
Richard Thompson Ainsworth
Boston University - School of Law
Date Posted: July 03, 2012
Working Paper Series
27 downloads

Incl. Electronic Paper Not Sick Yet: Food-Safety-Impact Litigation and Barriers to Justiciability
Brooklyn Law Review, Vol. 77, No. 3, p. 905, 2012, Boston Univ. School of Law, Public Law Research Paper No. 12-31
Diana R. H. Winters
Indiana University Robert H. McKinney School of Law
Date Posted: June 18, 2012
Accepted Paper Series
53 downloads

Incl. Electronic Paper Obamacare's (3) Day(s) in Court
CHEST: Official Publication of the American College of Chest Physicians, Vol. 141, Page 1389, Boston Univ. School of Law, Public Law Research Paper No. 12-32
Abigail R. Moncrieff
Boston University - School of Law
Date Posted: June 06, 2012
Accepted Paper Series
33 downloads

Incl. Electronic Paper Agents Without Principals: Regulating the Duty of Loyalty for Nonprofit Corporations Through the Intermediate Sanctions Tax Regulations
Pepperdine Journal of Business, Entrepreneurship & The Law XXX, 2012 (Forthcoming), Boston Univ. School of Law, Law and Economics Research Paper No. 12-28, Boston Univ. School of Law, Public Law Research Paper No. 12-28
Carly B. Eisenberg and Kevin Outterson
Nixon Peabody LLP and Boston University School of Law
Date Posted: June 02, 2012
Accepted Paper Series
133 downloads

Incl. Electronic Paper Brief of Amici Curiae Jewish Alliance for Law & Social Action (JALSA), Jewish Council on Urban Affairs (JCUA), Jewish Social Policy Action Network (JSPAN), New England Jewish Labor Commmittee (JLC), and Professor Abigail R. Moncrieff in Support of Petitioners on the Individual Liberal Implications of the Minimum Coverage Provision in Department of Health and Human Services v. State of Florida
Boston Univ. School of Law, Public Law Research Paper No. 12-25
Abigail R. Moncrieff , Andrew M Fischer , Zoe Elizabeth Sajor , Rachel Smit , Emily Marie Westfall and Andrew Fischer
Boston University - School of Law , Jason & Fischer , affiliation not provided to SSRN , affiliation not provided to SSRN , affiliation not provided to SSRN and affiliation not provided to SSRN
Date Posted: June 02, 2012
Last Revised: June 04, 2012
Working Paper Series
13 downloads

Incl. Electronic Paper All Pain, No GAIN: Need for Prudent Antimicrobial Use Provisions to Complement the GAIN Act
APUA Clinical Newsletter, Vol. 30, No. 1, p. 13 (2012), Boston Univ. School of Law, Public Law Research Paper No. 12-29, Boston Univ. School of Law, Law and Economics Research Paper No. 12-29
Kevin Outterson
Boston University School of Law
Date Posted: June 01, 2012
Accepted Paper Series
20 downloads

Incl. Electronic Paper Brief Amici Curiae of Prescription Policy Choices, Professors of Law, and Professors of Health Policy in Support of Petitioners on the Minimum Coverage Provision in Department of Health & Human Services v. State of Florida
Boston Univ. School of Law, Public Law Research Paper No. 12-26, Boston Univ. School of Law, Law and Economics Research Paper No. 12-26
Abigail R. Moncrieff , Kevin Outterson , Kyle Thomson , David Arnold , Julia Grace Mirabella and Wang Hao
Boston University - School of Law , Boston University School of Law , Office of Chief Counsel, Food and Drug Administration , affiliation not provided to SSRN , Boston University School of Law and affiliation not provided to SSRN
Date Posted: June 01, 2012
Working Paper Series
15 downloads

Incl. Electronic Paper Brief of Amici Curiae Health Law & Policy Scholars and Prescriptions Policy Choices in Support of Respondents on the Constitutional Validity of the Medicaid Expansion in State of Florida v. Department of Health and Human Services
Boston Univ. School of Law, Public Law Research Paper No. 12-27, Boston Univ. School of Law, Law and Economics Research Paper No. 12-27
Kevin Outterson , Laura Hermer , Nicole Huberfeld , Elizabeth Weeks Leonard , Sara Rosenbaum and Sidney D. Watson
Boston University School of Law , Hamline University - School of Law , University of Kentucky College of Law , University of Georgia School of Law , George Washington University - Department of Health Policy and affiliation not provided to SSRN
Date Posted: May 30, 2012
Working Paper Series
40 downloads

Incl. Electronic Paper Regulating Conflicts of Interest in Global Law Firms: Peace in Our Time?
Fordham Law Review, Vol. 80, pp. 2541-2567 (2012), Boston Univ. School of Law, Public Law Research Paper No. 12-24
Nancy J. Moore and Janine Elizabeth Griffiths-Baker
Boston University School of Law and affiliation not provided to SSRN
Date Posted: May 22, 2012
Accepted Paper Series
99 downloads

Incl. Electronic Paper More Tales Out of School: A Reply to Professor Griffin
Boston University Law Review, Vol. 82, p. 281, 2002, Boston Univ. School of Law, Public Law Research Paper No. 02-25
Ward Farnsworth
Boston University School of Law
Date Posted: April 30, 2012
Accepted Paper Series
11 downloads

Incl. Electronic Paper The Ideological Stakes of Eliminating Life Tenure
Harvard Journal of Law and Public Policy, Vol. 29, p. 880, 2006, Boston Univ. School of Law, Public Law Research Paper No. 06-50
Ward Farnsworth
Boston University School of Law
Date Posted: April 30, 2012
Accepted Paper Series
10 downloads


 

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