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Michigan Public Law: Law Faculty Papers (Topic)

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1.

Combating Global Climate Change: Why a Carbon Tax is a Better Response to Global Warming than Cap and Trade

Stanford Environmental Law Journal, Vol. 28, No. 3, 2009, U of Michigan Public Law Working Paper No. 117
Number of pages: 48 Posted: 29 Jan 2009 Last Revised: 02 Dec 2013
Accepted Paper Series
University of Michigan Law School and University of Michigan Law School
Downloads 6,141
2.

What is ‘Good Legal Writing’ and Why Does it Matter?

U of Michigan Public Law Working Paper No. 252
Number of pages: 68 Posted: 25 Sep 2011 Last Revised: 12 Jan 2012
Working Paper Series
University of Michigan Law School
Downloads 2,438
3.

Self-Defense Against Terrorists: The Meaning of Armed Attack

The Leiden Policy Recommendations on Counter-Terrorism and International Law, Nico Schrijver and Larissa van den Herik eds., Cambridge University Press, 2012 Forthcoming, U of Michigan Public Law Research Paper No. 270
Number of pages: 21 Posted: 30 Apr 2012 Last Revised: 12 Jul 2012
Working Paper Series
University of Michigan Law School
Downloads 1,612
4.

Just Say No: Corporate Taxation and Corporate Social Responsibility

U of Michigan Public Law Research Paper No. 402, U of Michigan Law & Econ Research Paper No. 14-010
Number of pages: 35 Posted: 10 Apr 2014 Last Revised: 12 Nov 2014
Working Paper Series
University of Michigan Law School
Downloads 1,592
5.

'It's the Autonomy, Stupid!' A Modest Defense of Opinion 2/13 on EU Accession to the ECHR, and the Way Forward

16 German Law Journal 105 (2015), U of Michigan Public Law Research Paper No. 439
Number of pages: 44 Posted: 22 Feb 2015 Last Revised: 16 Jun 2015
Accepted Paper Series
University of Michigan Law School
Downloads 1,522
6.

The Law is a Fractal: The Attempt to Anticipate Everything

44 Loyola University Chicago L.J. 649 (2013), U of Michigan Public Law Research Paper, No. 292
Number of pages: 33 Posted: 06 Oct 2012 Last Revised: 02 Jan 2014
Accepted Paper Series
University of Michigan Law School
Downloads 1,465
7.

Rethinking Treaty-Shopping: Lessons for the European Union

U of Michigan Law & Econ, Empirical Legal Studies Center Paper No. 10-002, U of Michigan Public Law Working Paper No. 182
Number of pages: 32 Posted: 05 Jan 2010 Last Revised: 09 Feb 2010
Accepted Paper Series
Queen Mary University of London, School of Law and University of Michigan Law School
Downloads 1,385
8.

Evaluating BEPS

U of Michigan Public Law Research Paper No. 493
Number of pages: 56 Posted: 16 Jan 2016 Last Revised: 05 Sep 2017
Accepted Paper Series
University of Michigan Law School and Univereity of Michigan Law School

Multiple version iconThere are 2 versions of this paper

Downloads 1,277
9.

CEO Connectedness and Corporate Frauds

Journal of Finance, Forthcoming, 7th Annual Conference on Empirical Legal Studies Paper, Ross School of Business Paper No. 1209, U of Michigan Public Law Research Paper No. 283
Number of pages: 59 Posted: 10 Sep 2013 Last Revised: 29 May 2015
Accepted Paper Series
University of Michigan Law School, University of Michigan, Stephen M. Ross School of Business and Tsinghua University - School of Economics & Management
Downloads 1,245
10.

Legal Limits and the Implementation of the Affordable Care Act

164 University of Pennsylvania Law Review 1715 (2016), U of Michigan Public Law Research Paper No. 492
Number of pages: 39 Posted: 25 Jan 2016 Last Revised: 29 Apr 2017
Accepted Paper Series
University of Michigan Law School
Downloads 1,203
11.

The Meaning of 'Investment': ICSID's Travaux and the Domain of International Investment Law

Harvard International Law Journal, Vol. 51, No. 1, 2010, U of Michigan Public Law Working Paper No. 249
Number of pages: 62 Posted: 18 Aug 2011 Last Revised: 13 Aug 2013
Accepted Paper Series
University of Michigan Law School
Downloads 1,195
12.

Harry Potter and the Trouble with Tort Theory

Stanford Law Review, Forthcoming, U of Michigan Public Law Working Paper No. 219, U of Michigan Law & Econ, Empirical Legal Studies Center Paper No. 10-027
Number of pages: 50 Posted: 07 Oct 2010 Last Revised: 14 Nov 2010
Accepted Paper Series
University of Michigan Law School
Downloads 1,131
13.

The Effective Tax Rate of the Largest US and EU Multinationals

U of Michigan Law & Econ, Empirical Legal Studies Center Paper No. 11-015, U of Michigan Public Law Working Paper No. 255
Number of pages: 17 Posted: 25 Oct 2011 Last Revised: 18 Sep 2012
Working Paper Series
University of Michigan Law School and Ben-Gurion University of the Negev
Downloads 1,129
14.

The Role of Authority

Philosophers' Imprint, Forthcoming, U of Michigan Public Law Working Paper No. 201
Number of pages: 50 Posted: 25 May 2010 Last Revised: 29 May 2010
Accepted Paper Series
University of Michigan Law School
Downloads 1,110
15.

Real Copyright Reform

Iowa Law Review, Vol. 96, No. 1, 2010, U of Michigan Law & Economics, Olin Working Paper No. 09-018, U of Michigan Public Law Working Paper No. 168
Number of pages: 55 Posted: 18 Sep 2009 Last Revised: 30 Oct 2010
Accepted Paper Series
University of Michigan Law School
Downloads 1,085
16.

After the Spill is Gone: The Gulf of Mexico, Environmental Crime, and the Criminal Law

Michigan Law Review, Vol. 109, p. 1413, 2011, U of Michigan Public Law Working Paper No. 227
Number of pages: 50 Posted: 16 Jan 2011 Last Revised: 15 Jun 2014
Accepted Paper Series
University of Michigan Law School
Downloads 1,018
17.

The Authority of Law

ROUTLEDGE COMPANION TO PHILOSOPHY OF LAW, Andrei Marmor, ed., 2011, U of Michigan Public Law Working Paper No. 232
Number of pages: 25 Posted: 08 Mar 2011 Last Revised: 14 Mar 2011
Accepted Paper Series
University of Michigan Law School
Downloads 990
18.

Formulary Apportionment: Myths and Prospects - Promoting Better International Tax Policy and Utilizing the Misunderstood and Under-Theorized Formulary Alternative

U of Michigan Law & Econ, Empirical Legal Studies Center Paper No. 10-029, U of Michigan Public Law Working Paper No. 221
Number of pages: 30 Posted: 16 Oct 2010 Last Revised: 14 Apr 2015
Working Paper Series
University of Michigan Law School and Hebrew University of Jerusalem - Faculty of Law
Downloads 931
19.

Hanging Together: A Multilateral Approach to Taxing Multinationals

U of Michigan Public Law Research Paper No. 364, U of Michigan Law & Econ Research Paper No. 15-012
Number of pages: 33 Posted: 25 Oct 2013 Last Revised: 22 May 2017
Working Paper Series
University of Michigan Law School
Downloads 876
20.

Deferred Prosecution and Non-Prosecution Agreements and the Erosion of Corporate Criminal Liability

Maryland Law Review, Vol. 72, No. 4, 2013, U of Michigan Public Law Research Paper No. 352
Number of pages: 51 Posted: 03 Oct 2013
Accepted Paper Series
University of Michigan Law School
Downloads 786
21.

In Pursuit of Human Dignity: An Introduction to Current Debates

Understanding Human Dignity, Proceedings of the British Academy/Oxford University Press, Forthcoming, U of Michigan Public Law Research Paper No. 309
Number of pages: 55 Posted: 15 Feb 2013 Last Revised: 01 Mar 2013
Accepted Paper Series
Queen's University Belfast - School of Law
Downloads 733
22.

Federalism: A Critical Guide

U of Michigan Public Law Working Paper No. 251, Published as "Federalism: Theory, Policy, Law," in M. Rosenfeld and A. Sajo, eds., The Oxford Handbook of Comparative Constitutional Law 576-608 (Oxford: OUP 2012).
Number of pages: 52 Posted: 09 Sep 2011 Last Revised: 03 Feb 2013
Accepted Paper Series
University of Michigan Law School
Downloads 721
23.

Tax Convergence and Globalization

U of Michigan Law & Econ, Empirical Legal Studies Center Paper No. 10-019, U of Michigan Public Law Working Paper No. 214
Number of pages: 7 Posted: 08 Jul 2010 Last Revised: 10 Oct 2010
Working Paper Series
University of Michigan Law School
Downloads 670
24.

Intelligence Legalism and the National Security Agency's Civil Liberties Gap

6 Harvard National Security Journal 112 (2015), U of Michigan Public Law Research Paper No. 432
Number of pages: 95 Posted: 28 Oct 2014 Last Revised: 20 Feb 2015
Accepted Paper Series
University of Michigan Law School
Downloads 664
25.

The German Constitutional Court Says 'Ja Zu Deutschland!'

German Law Journal, Vol. 10, No. 8, 2009, U of Michigan Public Law Working Paper No. 170
Number of pages: 14 Posted: 02 Nov 2009 Last Revised: 24 Feb 2015
Accepted Paper Series
University of Michigan Law School and Humboldt-Universität zu Berlin
Downloads 642
26.

Plata v. Brown and Realignment: Jails, Prisons, Courts, and Politics

Harvard Civil Rights-Civil Liberties Law Review (CR-CL), Vol. 48, No. 1, 2013, U of Michigan Public Law Research Paper, No. 287
Number of pages: 53 Posted: 22 Aug 2012 Last Revised: 26 Apr 2013
Accepted Paper Series
University of Michigan Law School
Downloads 623
27.

The Constitutional Right to (Keep Your) Same-sex Marriage

Michigan Law Review, Vol. 110, No. 8, 2012
Number of pages: 62 Posted: 24 Aug 2011 Last Revised: 08 Jul 2014
Accepted Paper Series
Indiana University Maurer School of Law
Downloads 622
28.

Federalism and Legal Unification: Comparing Methods, Results, and Explanations Across 20 Systems

University of Michigan Public Law Working Paper No. 186
Number of pages: 73 Posted: 23 Feb 2010 Last Revised: 13 Sep 2011
Working Paper Series
University of Michigan Law School and University of Michigan School of Law
Downloads 587
29.

Prosecutorial Discretion and Environmental Crime

Harvard Environmental Law Review, Vol. 37, 2014, U of Michigan Public Law Research Paper No. 368
Number of pages: 59 Posted: 11 Dec 2013 Last Revised: 02 Apr 2014
Accepted Paper Series
University of Michigan Law School
Downloads 587
30.

Exonerations in the United States, 1989–2012

U of Michigan Public Law Working Paper No. 277, 7th Annual Conference on Empirical Legal Studies Paper
Number of pages: 109 Posted: 26 Jun 2012 Last Revised: 12 Jul 2012
Working Paper Series
University of Michigan Law School and University of Michigan Law School
Downloads 586
31.

The Three Causes of Inversions: Reflections on Pfizer/Allergan and Notice 2015-79

U of Michigan Law & Econ Research Paper No. 15-021, U of Michigan Public Law Research Paper No. 488
Number of pages: 6 Posted: 22 Nov 2015 Last Revised: 25 May 2017
Accepted Paper Series
University of Michigan Law School
Downloads 581
32.

Territoriality: For and Against

U of Michigan Public Law Research Paper No. 329, U of Michigan Law & Econ Research Paper No. 13-008
Number of pages: 6 Posted: 27 Apr 2013 Last Revised: 22 Jun 2013
Working Paper Series
University of Michigan Law School
Downloads 574
33.

Search Neutrality as an Antitrust Principle

U of Michigan Law & Econ, Empirical Legal Studies Center Paper No. 11-016, U of Michigan Public Law Working Paper No. 256
Number of pages: 11 Posted: 19 Nov 2011 Last Revised: 27 Nov 2012
Working Paper Series
University of Michigan Law School
Downloads 569
34.

The Future of Disparate Impact

Michigan Law Review, Vol. 108, 2010, U of Michigan Public Law Working Paper No. 172
Number of pages: 50 Posted: 30 Oct 2009 Last Revised: 02 Feb 2010
Accepted Paper Series
University of Michigan Law School
Downloads 568
35.

The Cultural Background of 'The Legal Imagination'

OPTIONS FOR TEACHING LITERATURE AND LAW, A. Sarat, C. Frank, M. Anderson, eds., Modern Language Association, 2011, U of Michigan Public Law Working Paper No. 180
Number of pages: 21 Posted: 13 Jan 2010
Accepted Paper Series
University of Michigan at Ann Arbor Law School
Downloads 559
36.

From Here to Eternity: The Folly of Perpetual Trusts

U of Michigan Public Law Working Paper No. 259, U of Michigan Law & Econ Research Paper No. 13-007
Number of pages: 22 Posted: 22 Dec 2011 Last Revised: 09 Jul 2016
Working Paper Series
University of Michigan Law School
Downloads 557
37.

Executive Power and the Discipline of History

University of Chicago Law Review, Vol. 78, p. 377, 2011, U of Michigan Law & Econ, Empirical Legal Studies Center Paper No. 11-002, U of Michigan Public Law Working Paper No. 233
Number of pages: 72 Posted: 19 Feb 2011 Last Revised: 17 Mar 2011
Accepted Paper Series
University of Michigan Law School
Downloads 541
38.

The International Tax Regime: A Centennial Reconsideration

U of Michigan Public Law Research Paper No. 462
Number of pages: 7 Posted: 25 Jun 2015 Last Revised: 21 Jul 2015
Working Paper Series
University of Michigan Law School
Downloads 534
39.

Global Taxation after the Crisis: Why BEPS and MAATM are Inadequate Responses, and What Can Be Done About It

U of Michigan Public Law Research Paper No. 494
Number of pages: 51 Posted: 16 Jan 2016 Last Revised: 11 Feb 2016
Working Paper Series
University of Michigan Law School and Univereity of Michigan Law School
Downloads 525
40.

Cancellation of Debt and Related Transactions

Tax Lawyer, Forthcoming, U of Michigan Public Law Research Paper No. 441
Number of pages: 48 Posted: 11 Feb 2015 Last Revised: 11 Mar 2015
Accepted Paper Series
University of Michigan Law School and Florida State University - College of Law
Downloads 523
41.

Tax Competition and the Trend toward Territoriality

U of Michigan Public Law Research Paper No. 297
Number of pages: 3 Posted: 19 Dec 2012 Last Revised: 07 Jan 2013
Working Paper Series
University of Michigan Law School
Downloads 515
42.

The Dark Side of Nudging: The Ethics, Political Economy, and Law of Libertarian Paternalism

Alexandra Kemmerer, Christoph Möllers, Maximilian Steinbeis, Gerhard Wagner (eds.), Choice Architecture in Democracies, Exploring the Legitimacy of Nudging (Oxford/Baden-Baden: Hart and Nomos, 2015), Forthcoming, U of Michigan Public Law Research Paper No. 485, Queen's University Belfast Law Research Paper No. 16,
Number of pages: 67 Posted: 05 Nov 2015 Last Revised: 01 Dec 2015
Accepted Paper Series
Queen's University Belfast - School of Law and Faculty of Laws, University College London
Downloads 514
43.

The Mismatch Myth in American Higher Education: A Synthesis of Empirical Evidence at the Law School and Undergraduate Levels

Forthcoming (shorter version) "The Mismatch Myth in U.S. Higher Education: A Synthesis of the Empirical Evidence at the Law School and Undergraduate Levels" in Affirmative Action and Racial Equity: Considering the Evidence in Fisher to Forge the Path Ahead, (ed.) U.M. Jayakumar and L.M. Garces, 2014, U of Michigan Public Law Research Paper No. 404
Number of pages: 39 Posted: 03 May 2014
Working Paper Series
Sonoma State University and University of Michigan Law School
Downloads 507
44.

Taxation as Regulation: Carbon Tax, Health Care Tax, Bank Tax and Other Regulatory Taxes

U of Michigan Law & Econ, Empirical Legal Studies Center Paper No. 10-020, U of Michigan Public Law Working Paper No. 216
Number of pages: 10 Posted: 23 Aug 2010 Last Revised: 02 Dec 2013
Working Paper Series
University of Michigan Law School

Multiple version iconThere are 2 versions of this paper

Downloads 485
45.

Local, Global, and Plural Constitutionalism: Europe Meets the World

THE WORLDS OF EUROPEAN CONSTITUTIONALISM, G. De Búrca and J.H.H. Weiler, Eds., Cambridge University Press, Forthcoming, U of Michigan Public Law Working Paper No. 176,
Number of pages: 39 Posted: 13 Dec 2009 Last Revised: 17 Dec 2009
Accepted Paper Series
University of Michigan Law School
Downloads 479
46.

Taxation and Human Rights: A Delicate Balance

U of Michigan Public Law Research Paper No. 520
Number of pages: 18 Posted: 07 Sep 2016 Last Revised: 22 Sep 2016
Working Paper Series
University of Michigan Law School and University of Michigan at Ann Arbor - Law School - SJD Candidate
Downloads 477
47.

U.S. Treaty Anti-Avoidance Rules: An Overview and Assessment

U of Michigan Law & Econ, Empirical Legal Studies Center Paper No. 12-001, U of Michigan Public Law Working Paper No. 261
Number of pages: 31 Posted: 16 Jan 2012
Working Paper Series
University of Michigan Law School and University of Michigan Law School
Downloads 468
48.

Darkness at Noon: Judicial Interpretation May Have Made Things Worse for Benefit Plan Participants Under ERISA than had the Statute Never Been Enacted

St. Thomas Law Review, Vol. 23, p. 101, 2011, U of Michigan Public Law Working Paper No. 203
Number of pages: 24 Posted: 13 Jun 2010 Last Revised: 11 Apr 2011
Accepted Paper Series
University of Michigan Law School
Downloads 462
49.

The Case Against Taxing Citizens

U of Michigan Law & Econ, Empirical Legal Studies Center Paper No. 10-009, U of Michigan Public Law Working Paper No. 190
Number of pages: 12 Posted: 31 Mar 2010 Last Revised: 13 Apr 2010
Working Paper Series
University of Michigan Law School
Downloads 455
50.

Medicine as a Public Calling

Michigan Law Review, Vol. 114 (2015, Forthcoming), U of Michigan Public Law Research Paper No. 420
Number of pages: 53 Posted: 17 Sep 2014 Last Revised: 24 Jun 2015
Accepted Paper Series
University of Michigan Law School
Downloads 452