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Cornell Law School Legal Studies Research Paper Series
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Incl. Electronic Paper Alternative Litigation Financing and Anti-Commodification Norms
DePaul Law Review, Forthcoming
W. Bradley Wendel
Cornell University - School of Law
Date Posted: May 07, 2013
Accepted Paper Series
16 downloads

Incl. Electronic Paper The One or the Many
Criminal Law & Philosophy, Forthcoming
Jens David Ohlin
Cornell University - School of Law
Date Posted: April 19, 2013
Working Paper Series
36 downloads

Incl. Electronic Paper Unborn Communities
Cornell Legal Studies Research Paper No. 13-83
Gregory S. Alexander
Cornell Law School
Date Posted: March 31, 2013
Working Paper Series
34 downloads

Incl. Electronic Paper Iqbal and Bad Apples
Lewis & Clark Law Review, Vol. 14, No. 217, 2010
Michael C. Dorf
Cornell Law School
Date Posted: March 29, 2013
Accepted Paper Series
2 downloads

Incl. Electronic Paper Does Federal Executive Branch Experience Explain Why Some Republican Supreme Court Justices 'Evolve' and Others Don’t?
Harvard Law & Policy Review, Vol. 1, p. 457, 2007, Cornell Legal Studies Research Paper No. 13-79
Michael C. Dorf
Cornell Law School
Date Posted: March 29, 2013
Accepted Paper Series
3 downloads

Incl. Electronic Paper Whose Ox is Being Gored? When Attitudinalism Meets Federalism
Cornell Legal Studies Research Paper No. 13-78
Michael C. Dorf
Cornell Law School
Date Posted: March 29, 2013
Last Revised: April 02, 2013
Accepted Paper Series
5 downloads

Incl. Electronic Paper The Aspirational Constitution
George Washington Law Review, Vol. 77, No. 1631, 2009, Cornell Legal Studies Research Paper No. 13-82
Michael C. Dorf
Cornell Law School
Date Posted: March 29, 2013
Accepted Paper Series
6 downloads

Incl. Electronic Paper Same-Sex Marriage, Second-Class Citizenship, and Law's Social Meanings
Virginia Law Review, Vol. 97, No. 1267, 2011, Cornell Legal Studies Research Paper No. 13-76
Michael C. Dorf
Cornell Law School
Date Posted: March 29, 2013
Accepted Paper Series
15 downloads

Incl. Electronic Paper Equal Protection Incorporation
Virginia Law Review, Vol. 88, p. 951, 2002, Cornell Legal Studies Research Paper No. 13-77
Michael C. Dorf
Cornell Law School
Date Posted: March 28, 2013
Accepted Paper Series
1 downloads

Incl. Electronic Paper Dynamic Incorporation of Foreign Law
University of Pennsylvania Law Review, 157, 103, 2008, Cornell Legal Studies Research Paper No. 13-74
Michael C. Dorf
Cornell Law School
Date Posted: March 28, 2013
Accepted Paper Series
2 downloads

Incl. Electronic Paper How to Choose the Least Unconstitutional Option: Lessons for the President (and Others) from the Debt Ceiling Standoff
Columbia Law Review, Vol. 112, No. 1175, October 2012, Cornell Legal Studies Research Paper No. 13-73
Neil H. Buchanan and Michael C. Dorf
George Washington University Law School and Cornell Law School
Date Posted: March 27, 2013
Accepted Paper Series
10 downloads

Incl. Electronic Paper What Does the Second Amendment Mean Today?
Chicago-Kent Law Review, Vol. 76, No. 291, 2000, Cornell Legal Studies Research Paper No. 13-52
Michael C. Dorf
Cornell Law School
Date Posted: March 27, 2013
Accepted Paper Series
13 downloads

Incl. Electronic Paper Could the Occupy Movement Become the Realization of Democratic Experimentalism’s Aspiration for Pragmatic Politics?
Contemporary Pragmatism Vol. 9, No. 2 (December 2012), 263 271, Cornell Legal Studies Research Paper No. 13-75
Michael C. Dorf
Cornell Law School
Date Posted: March 22, 2013
Accepted Paper Series
23 downloads

Incl. Electronic Paper What Does the Emerging International Law of Migration Mean for Sovereignty?
Cornell Legal Studies Research Paper No. 13-72
Chantal Thomas
Cornell Law School
Date Posted: March 12, 2013
Last Revised: March 14, 2013
Working Paper Series
34 downloads

Incl. Electronic Paper The Capture-Kill Debate: Lost Legislative History or Revisionist History?
Cornell Legal Studies Research Paper
Jens David Ohlin
Cornell University - School of Law
Date Posted: March 10, 2013
Working Paper Series
93 downloads

Incl. Electronic Paper Liberalism's Errant Theodicy
Boston University Law Review, Forthcoming, Cornell Legal Studies Research Paper No. 13-71
Michael C. Dorf
Cornell Law School
Date Posted: March 02, 2013
Accepted Paper Series
12 downloads

Incl. Electronic Paper Racial Epithets in the Criminal Process
Michigan State Law Review, Vol. 2011, p. 755, 2011, Cornell Legal Studies Research Paper
John H. Blume , Sheri Lynn Johnson and Patrick M. Wilson
Cornell Law School , Cornell Law School and Independent
Date Posted: March 01, 2013
Accepted Paper Series
2 downloads

Incl. Electronic Paper Commerce, Death Panels and Broccoli: Or Why the Activity/Inactivity Distinction in the Health Care Case Was Really about the Right to Bodily Integrity
Cornell Legal Studies Research Paper No. 13-70
Michael C. Dorf
Cornell Law School
Date Posted: February 27, 2013
Last Revised: March 29, 2013
Accepted Paper Series
21 downloads

Incl. Electronic Paper 'Private' Means to 'Public' Ends: Governments as Market Actors
14 Theor. Inq. in Law (2013), UNC Legal Studies Research Paper No. 2222444, Cornell Legal Studies Research Paper No. 13-84
Robert C. Hockett and Saule T. Omarova
Cornell University - Law School and University of North Carolina at Chapel Hill School of Law
Date Posted: February 23, 2013
Last Revised: April 07, 2013
Accepted Paper Series
71 downloads

Incl. Electronic Paper A Constitution of Democratic Experimentalism
Columbia Law Review, Vol. 98, No. 267, 1998, Cornell Legal Studies Research Paper No. 13-71
Michael C. Dorf and Charles F. Sabel
Cornell Law School and Columbia University - Law School
Date Posted: February 22, 2013
Accepted Paper Series
17 downloads

Incl. Electronic Paper Constitutional Existence Conditions and Judicial Review
Virginia Law Review, Vol. 89, No. 1105, 2003, Cornell Legal Studies Research Paper No. 13-70
Matthew D. Adler and Michael C. Dorf
Duke University - School of Law and Cornell Law School
Date Posted: February 22, 2013
Accepted Paper Series
4 downloads

Incl. Electronic Paper How the Written Constitution Crowds Out the Extraconstitutional Rule of Recognition
The Rule of Recognition and the U.S. Constitution, ed. Matthew D. Adler and Kenneth Einer Himma, Oxford University Press, 2009, Cornell Legal Studies Research Paper No. 13-65
Michael C. Dorf
Cornell Law School
Date Posted: February 22, 2013
Accepted Paper Series
3 downloads

Incl. Electronic Paper Entry on Anthony M. Kennedy in Yale Biographical Dictionary of American Law
Yale Biographical Dictionary of American Law 311-312, 2009, Cornell Legal Studies Research Paper No. 13-64
Michael C. Dorf
Cornell Law School
Date Posted: February 21, 2013
Accepted Paper Series
1 downloads

Incl. Electronic Paper Abstract and Concrete Review
Global Perspectives on Constitutional Law, Chapter 1, ed. by Vikram D. Amar and Mark V. Tushnet, Oxford University Press, 2009, Cornell Legal Studies Research Paper No. 13-55
Michael C. Dorf
Cornell Law School
Date Posted: February 21, 2013
Accepted Paper Series
1 downloads

Incl. Electronic Paper The Morality of Prophylactic Legislation (with Special Reference to Speed Limits, Assisted Suicide, Torture, and Detention Without Trial)
61 Current Legal Problems 23 (Oxford University Press, 2008), Cornell Legal Studies Research Paper No. 13-58
Michael C. Dorf
Cornell Law School
Date Posted: February 21, 2013
Accepted Paper Series

Incl. Electronic Paper Rights and Rules
Legal Theory, Vol. 6, No. 241, 2000, Cornell Legal Studies Research Paper No. 13-60
Matthew D. Adler and Michael C. Dorf
University of Pennsylvania Law School and Cornell Law School
Date Posted: February 21, 2013
Accepted Paper Series
7 downloads

Incl. Electronic Paper Spandrel or Frankenstein's Monster? The Vices and Virtues of Retrofitting in American Law
William & Mary Law Review, Vol. 54, No. 339, 2012, Cornell Legal Studies Research Paper No. 13-61
Michael C. Dorf
Cornell Law School
Date Posted: February 21, 2013
Accepted Paper Series
9 downloads

Incl. Electronic Paper Nullifying the Debt Ceiling Threat Once and for All: Why the President Should Embrace the Least Unconstitutional Option
Columbia Law Review, Vol. 112, No. 237, 2012, Cornell Legal Studies Research Paper No. 13-59
Michael C. Dorf and Neil H. Buchanan
Cornell Law School and George Washington University Law School
Date Posted: February 21, 2013
Accepted Paper Series
2 downloads

Incl. Electronic Paper Legal Indeterminacy and Institutional Design
New York University Law Review, Vol. 78, p. 875, 2003, Cornell Legal Studies Research Paper No. 13-57
Michael C. Dorf
Cornell Law School
Date Posted: February 21, 2013
Accepted Paper Series
8 downloads

Incl. Electronic Paper Bargaining in the Shadow of the Debt Ceiling: When Negotiating over Spending and Tax Laws, Congress and the President Should Consider the Debt Ceiling a Dead Letter
Columbia Law Review, Vol. 113, No. 32, pp. 32-54, 2013, Cornell Legal Studies Research Paper No. 13-62
Neil H. Buchanan and Michael C. Dorf
George Washington University Law School and Cornell Law School
Date Posted: February 21, 2013
Last Revised: March 19, 2013
Accepted Paper Series
27 downloads

Incl. Electronic Paper Heterogeneity of Rights
Legal Theory, Vol. 6, No. 269, 2000, Cornell Legal Studies Research Paper No. 13-56
Michael C. Dorf
Cornell Law School
Date Posted: February 21, 2013
Accepted Paper Series
3 downloads

Incl. Electronic Paper The Detention and Trial of Enemy Combatants: A Drama in Three Branches
122 (1) Political Science Quarterly 47 (2007), Cornell Legal Studies Research Paper No. 13-54
Michael C. Dorf
Cornell Law School
Date Posted: February 20, 2013
Accepted Paper Series
4 downloads

Incl. Electronic Paper A Tale of Two Cities: From Davids Holdings to Metcash
Cornell Legal Studies Research Paper No. 13-10
George Alan Hay and E. Jane Murdoch
Cornell University - Law School and Charles River Associates (CRA)
Date Posted: February 19, 2013
Last Revised: February 20, 2013
Working Paper Series
6 downloads

Incl. Electronic Paper A Book Review of Sanford Levinson Our Undemocratic Constitution: Where the Constitution Goes Wrong (and How We the People Can Correct It)
122 (4) Political Science Quarterly 663 (2007-2008), Cornell Legal Studies Research Paper No. 13-53
Michael C. Dorf
Cornell Law School
Date Posted: February 19, 2013
Accepted Paper Series
6 downloads

Incl. Electronic Paper Anti-Competitive Agreements: The Meaning of 'Agreement'
Cornell Legal Studies Research Paper No. 13-09
George Alan Hay
Cornell University - Law School
Date Posted: February 19, 2013
Last Revised: February 21, 2013
Working Paper Series
98 downloads

Incl. Electronic Paper Lawyers and Fools: Lawyer-Directors in Public Corporations
Georgetown Law Journal, Vol. 102, Forthcoming, Cornell Legal Studies Research Paper No. 13-63, Arizona Legal Studies Discussion Paper 13-25
Lubomir P. Litov , Simone M. Sepe and Charles K. Whitehead
University of Arizona - Department of Finance , University of Arizona - James E. Rogers College of Law and Cornell Law School
Date Posted: February 17, 2013
Last Revised: May 09, 2013
Accepted Paper Series
893 downloads

Incl. Electronic Paper A Partial Defense of an Anti-Discrimination Principle
Issues in Legal Scholarship, The Origins and Fate of Antisubordination Theory (2002): Article 2
Michael C. Dorf
Cornell Law School
Date Posted: February 16, 2013
Accepted Paper Series

Incl. Electronic Paper The Supreme Court 1997 Term Foreword: The Limits of Socratic Deliberation
Harvard Law Review, Vol. 112, No. 4, p. 4, 1998, Cornell Legal Studies Research Paper No. 13-50
Michael C. Dorf
Cornell Law School
Date Posted: February 16, 2013
Accepted Paper Series
2 downloads

Incl. Electronic Paper The Orwellian Military Commissions Act of 2006
5 (1) Journal of International Criminal Justice, 10 (2007), Cornell Legal Studies Research Paper No. 13-46
Michael C. Dorf
Cornell Law School
Date Posted: February 16, 2013
Accepted Paper Series
4 downloads

Incl. Electronic Paper Truth, Justice, and the American Constitution
Columbia Law Review, Vol. 97, No. 134, 1997, Cornell Legal Studies Research Paper No. 13-51
Michael C. Dorf
Cornell Law School
Date Posted: February 15, 2013
Accepted Paper Series
2 downloads

Incl. Electronic Paper Recipe for Trouble: Some Thoughts on Meaning, Translation and Normative Theory
Georgetown Law Journal, Vol. 85, No. 1857, 1997, Cornell Legal Studies Research Paper No. 13-37
Michael C. Dorf
Cornell Law School
Date Posted: February 13, 2013
Accepted Paper Series
3 downloads

Incl. Electronic Paper Prediction and the Rule of Law
UCLA Law Review, Vol. 42, No. 651, 1995, Cornell Legal Studies Research Paper No. 13-36
Michael C. Dorf
Cornell Law School
Date Posted: February 13, 2013
Accepted Paper Series
2 downloads

Incl. Electronic Paper The Marginality of Citizens United
Cornell Journal of Law and Public Policy, Vol. 20, No. 739, 2011, Cornell Legal Studies Research Paper No. 13-45
Michael C. Dorf
Cornell Law School
Date Posted: February 12, 2013
Accepted Paper Series
15 downloads

Incl. Electronic Paper The Majoritarian Difficulty and Theories of Constitutional Decision Making
University of Pennsylvania Journal of Constitutional Law, Vol. 13, p. 283, 2010, Cornell Legal Studies Research Paper No. 13-44
Michael C. Dorf
Cornell Law School
Date Posted: February 12, 2013
Accepted Paper Series
3 downloads

Incl. Electronic Paper The Supreme Court 1997 Term - Foreword: The Limits of Socratic Deliberation
Harvard Law Review, Vol. 112, No. 4, p. 112, 1998, Cornell Legal Studies Research Paper No. 13-43
Michael C. Dorf
Cornell Law School
Date Posted: February 12, 2013
Accepted Paper Series

Incl. Electronic Paper The Good Society, Commerce, and the Rehnquist Court
Fordham Law Review, Vol. 69, p. 2161, 2001, Cornell Legal Studies Research Paper No. 13-42
Michael C. Dorf
Cornell Law School
Date Posted: February 12, 2013
Accepted Paper Series
1 downloads

Incl. Electronic Paper The Domain of Reflexive Law
Columbia Law Review, Vol. 103, p. 384, 2003, Cornell Legal Studies Research Paper No. 13-41
Michael C. Dorf
Cornell Law School
Date Posted: February 12, 2013
Accepted Paper Series
1 downloads

Incl. Electronic Paper Targeting and the Concept of Intent
Michigan Journal of International Law, Forthcoming, Cornell Legal Studies Research Paper
Jens David Ohlin
Cornell University - School of Law
Date Posted: February 12, 2013
Last Revised: May 14, 2013
Accepted Paper Series
202 downloads

Incl. Electronic Paper The Constitution and the Political Community
27 Constitutional Commentary, 499, 2011, Cornell Legal Studies Research Paper No. 13-40
Michael C. Dorf
Cornell Law School
Date Posted: February 11, 2013
Accepted Paper Series
14 downloads

Incl. Electronic Paper The Coherentism of Democracy and Distrust
Yale Law Journal, Vol. 114, No. 1237, 2005, Cornell Legal Studies Research Paper No. 13-39
Michael C. Dorf
Cornell Law School
Date Posted: February 11, 2013
Accepted Paper Series
6 downloads


 

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