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University of California, Berkeley School of Law, Public Law & Legal Theory Research Paper Series

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Viewing: 1 - 50 of 855 papers

1.

U.S. Supreme Court Amicus Brief of Civil Procedure Professors in Support of Respondents, Ford Motor Co. v. Montana Eighth Judicial District Court, Nos. 19-368 & 19-369

U of Houston Law Center No. 2020-A-11
Number of pages: 37 Posted: 04 Jun 2020 Last Revised: 04 Jun 2020
Accepted Paper Series
Andrew Bradt, Zachary D. Clopton, Maggie Gardner, D. Theodore Rave and Pamela Bookman
University of California, Berkeley - School of Law, Northwestern University - Northwestern Pritzker School of Law, Cornell Law School, University of Houston Law Center and Fordham University School of Law
Downloads 29
2.

Mandatory Arbitration and the Public Administration - the Landscape of Peru

Number of pages: 20 Posted: 03 Jun 2020
Working Paper Series
Lucas Pestana Macedo
SciencesPo (LLM in Transnational Arbitration & Dispute Settlement) Sciences Po Law School
Downloads 2
3.

Law Within Congress

Yale Law Journal, Vol. 129, No. 7, 1946, 2020
Number of pages: 83 Posted: 01 Jun 2020
Accepted Paper Series
Jonathan Gould
University of California, Berkeley - School of Law
Downloads 1
4.

Exceptional Circumstances: Immigration, Imports and Climate Change as Emergencies

Number of pages: 25 Posted: 20 Apr 2020
Working Paper Series
Daniel A. Farber
University of California, Berkeley - School of Law
Downloads 34
5.

Theorizing Transnational Fiduciary Law

UCI Journal of International, Transnational & Comparative Law, Vol.5, No.1, 2020, UC Irvine School of Law Research Paper No. 2020-24
Number of pages: 14 Posted: 10 Apr 2020 Last Revised: 15 May 2020
Accepted Paper Series
Seth Davis and Gregory Shaffer
University of California, Berkeley School of Law and University of California, Irvine School of Law
Downloads 22
6.

Legal Tech, Civil Procedure, and the Future of Adversarialism

University of Pennsylvania Law Review, Forthcoming
Number of pages: 62 Posted: 02 Apr 2020
Accepted Paper Series
David Freeman Engstrom and Jonah B. Gelbach
Stanford Law School and University of California, Berkeley - School of Law
Downloads 151
7.

Protection by Law, Repression by Law: Bringing Labor Back Into Law and Social Movement Studies

Emory Law Journal, Forthcoming
Number of pages: 86 Posted: 24 Mar 2020 Last Revised: 08 May 2020
Accepted Paper Series
Diana Reddy and Catherine Fisk
University of California, Berkeley, Department of Jurisprudence & Social Policy and University of California, Berkeley - School of Law
Downloads 59
8.

Criminal Justice as Regulation

Criminal Justice as Regulation, New Criminal Law Review, Vol. 23, Number 1, pp. 113-138, 2020
Number of pages: 26 Posted: 13 Mar 2020
Accepted Paper Series
Malcolm M. Feeley
University of California, Berkeley
Downloads 54
9.

Cyber Warfare and Organised Crime. A Regulatory Model and Meta-model for Open Source Intelligence (OSINT)

In M. Taddeo, L. Glorioso (eds.), Ethics and Policies for Cyber Operations. Philosophical Studies Series 124, DOI 10.1007/978-3-319-45300-2_9, Cham: Springer, 2017, pp. 139-167.
Number of pages: 40 Posted: 11 Mar 2020
Accepted Paper Series
Pompeu Casanovas
La Trobe Law School
Downloads 16
10.

Sustainable Communities or the Next Urban Renewal?

Ecology Law Quarterly, Forthcoming
Number of pages: 50 Posted: 03 Mar 2020
Working Paper Series
Moira O'Neill, Giulia Gualco-Nelson and Eric Biber
Center for Law, Energy, and the Environment, Columbia University - Graduate School of Architecture, Planning and Preservation and University of California, Berkeley - School of Law
Downloads 36
11.

Cable Television and the Aereo Case – Then and Now

UC Berkeley Public Law Research Paper No. 2403019
Number of pages: 45 Posted: 25 Feb 2020
Working Paper Series
Peter S. Menell and David Nimmer
University of California, Berkeley - School of Law and Irell & Manella LLP
Downloads 267
12.

Plessy Preserved: Agencies and the Effective Constitution

129 Yale L.J. 924 (2020)
Number of pages: 95 Posted: 18 Feb 2020 Last Revised: 06 Apr 2020
Accepted Paper Series
Joy Milligan
University of California, Berkeley, School of Law
Downloads 84
13.

Google v. Oracle Amicus Merits Stage Brief: Vindicating IP’s Channeling Principle and Restoring Jurisdictional Balance to Software Copyright Protection

U of Penn Law School, Public Law Research Paper No. 20-07
Number of pages: 47 Posted: 04 Feb 2020 Last Revised: 15 Feb 2020
Accepted Paper Series
Peter S. Menell, David Nimmer and Shyamkrishna Balganesh
University of California, Berkeley - School of Law, Irell & Manella LLP and University of Pennsylvania Law School
Downloads 64
14.

Confined, Crammed, and Inextricable: What The Wire Gets Right

Ohio State Journal of Criminal Law, Vol. 8, No. 2, p. 473, 2011, UC Berkeley Public Law Research Paper No. 1856574
Number of pages: 7 Posted: 22 Jan 2020
Accepted Paper Series
David Alan Sklansky
Stanford University
Downloads 376
15.

Rules for the Heavens: The Coming Revolution in Space and the Laws of War

University of Illinois Law Review, Vol. 2020, No. 1, 2020
Number of pages: 72 Posted: 16 Jan 2020
Accepted Paper Series
John Yoo
University of California at Berkeley School of Law
Downloads 98
16.

Wrongs: An Interview with Filmmaker Joshua Oppenheimer

A Cultural History of Law in the Modern Age, 2016
Number of pages: 22 Posted: 20 Dec 2019
Working Paper Series
Richard K. Sherwin and Danielle Celermajer
New York Law School and The University of Sydney
Downloads 14
17.

The Failed Quest for Equal Educational Opportunity: Regulating Education the Way We Regulate Business

Number of pages: 45 Posted: 18 Dec 2019
Working Paper Series
Stephen D. Sugarman
University of California, Berkeley - School of Law
Downloads 22
18.

Justice Roger J. Traynor, Pragmatism, and the Current California Supreme Court

Hastings Law Journal, Forthcoming
Number of pages: 48 Posted: 18 Dec 2019
Accepted Paper Series
Stephen D. Sugarman
University of California, Berkeley - School of Law
Downloads 63
19.

Athena Rising? Brief of Professors Jeffrey A. Lefstin and Peter S. Menell as Amici Curiae in Support of Petition for a Writ of Certiorari in Athena Diagnostics v. Mayo Collaborative Services

Number of pages: 37 Posted: 09 Nov 2019
Working Paper Series
Jeffrey A. Lefstin and Peter S. Menell
University of California Hastings College of the Law and University of California, Berkeley - School of Law
Downloads 35
20.

The Uncopyrightability of Edicts of Government

U of Penn Law School, Public Law Research Paper No. 19-40, UC Berkeley Public Law Research Paper
Number of pages: 30 Posted: 31 Oct 2019 Last Revised: 13 Nov 2019
Working Paper Series
Shyamkrishna Balganesh and Peter S. Menell
University of Pennsylvania Law School and University of California, Berkeley - School of Law
Downloads 41
21.

Global Data Privacy: The EU Way

Paul M. Schwartz, Global Data Privacy: The EU Way, 94 New York University Law Review 771 (2019)
Number of pages: 48 Posted: 22 Oct 2019
Accepted Paper Series
Paul M. Schwartz
University of California, Berkeley - School of Law
Downloads 213
22.

Can You Pay For Privacy? Consumer Expectations and the Behavior of Free and Paid Apps

Berkeley Technology Law Journal, Vol. 35, 2020
Number of pages: 42 Posted: 19 Oct 2019 Last Revised: 10 Nov 2019
Accepted Paper Series
Kenneth A. Bamberger, Serge Egelman, Catherine Han, Amit Elazari and Irwin Reyes
University of California, Berkeley - School of Law, International Computer Science Institute (ICSI), University of California, Berkeley, Students, University of California, Berkeley - School of Information and University of California, Berkeley
Downloads 341
23.

Procurement As Policy: Administrative Process for Machine Learning

Berkeley Technology Law Journal, Vol. 34, 2019
Number of pages: 78 Posted: 15 Oct 2019 Last Revised: 09 Dec 2019
Working Paper Series
Deirdre K. Mulligan and Kenneth A. Bamberger
University of California, Berkeley - School of Information and University of California, Berkeley - School of Law
Downloads 239
24.

Trademark Counterpublics

Posted: 27 Sep 2019
Working Paper Series
Sonia Katyal and Vicki T. Huang
University of California, Berkeley - School of Law and Deakin University, Geelong, Australia - Deakin Law School
25.

Brands Behaving Badly

Trademark Reporter, 2019
Number of pages: 16 Posted: 06 Sep 2019
Working Paper Series
Sonia Katyal
University of California, Berkeley - School of Law
Downloads 36
26.

Democratic Norms and Governance Experimentalism in Worker Centers

82 Law & Contemporary Problems 141 (2019), UCLA School of Law, Public Law Research Paper No. 19-27
Number of pages: 51 Posted: 30 Aug 2019 Last Revised: 31 Mar 2020
Accepted Paper Series
Sameer M. Ashar and Catherine Fisk
UCLA School of Law - UCLA School of Law and University of California, Berkeley - School of Law
Downloads 7
27.

Underground Pathways to Pollution: The Need for Better Guidance on Groundwater Hydrologically Connected to Surface Water

Ecology Law Quarterly, Vol. 46, No. 2, 2019
Number of pages: 36 Posted: 23 Aug 2019
Accepted Paper Series
Kaela Shiigi
Berkeley Law
Downloads 17
28.

Revisiting and Confronting the Federal Judiciary Capacity 'Crisis': Charting a Path for Federal Judiciary Reform

California Law Review, Vol. 108, Forthcoming
Number of pages: 100 Posted: 16 Aug 2019 Last Revised: 14 Jan 2020
Accepted Paper Series
Peter S. Menell and Ryan G. Vacca
University of California, Berkeley - School of Law and University of New Hampshire School of Law
Downloads 72
29.

Mashups and Fair Use: The Bold Misadventures of the Seussian Starship Enterprise

Number of pages: 37 Posted: 15 Aug 2019
Working Paper Series
Peter S. Menell, Shyamkrishna Balganesh and David Nimmer
University of California, Berkeley - School of Law, University of Pennsylvania Law School and Irell & Manella LLP
Downloads 76
30.

Asian Territorial Disputes and the 1951 San Francisco Peace Treaty: The Case of Dokdo

18 Chinese Journal of International Law ___ (2019)
Number of pages: 48 Posted: 12 Aug 2019
Working Paper Series
Thomas Schwartz and John Yoo
Department of Political Science, Vanderbilt University and University of California at Berkeley School of Law
Downloads 63
31.

Beyond Cross-Examination: A Response to Cheng and Nunn

97 Texas Law Review Online 193 (2019)
Number of pages: 10 Posted: 26 Jul 2019
Accepted Paper Series
Andrea L. Roth
University of California, Berkeley - School of Law
Downloads 19
32.

Collaborative Law: Dispute Resolution Competencies for the 'New Advocacy'

QUT Law and Justice Journal, 4(1) 213-237 (2008)
Number of pages: 25 Posted: 23 Jul 2019
Accepted Paper Series
Marilyn A Scott
University of Technology Sydney, Faculty of Law
Downloads 11
33.

What's Wrong with the Commissioner? Some Lessons from Downunder

Seton Hall Journal of Sports and Entertainment Law, 19(1) 105-148, 2009
Number of pages: 48 Posted: 23 Jul 2019
Accepted Paper Series
Ian Dobinson and David Thorpe
University of Technology Sydney, Faculty of Law and University of Technology Sydney, Faculty of Law
Downloads 6
34.

Secretarial Audit with Reference to Affixation of Common Seal

Inspira - Journal of Modern Management & Entrepreneurship (2018), Vol. V No. 2, pp.239-241
Posted: 18 Jul 2019
Accepted Paper Series
Devendra Jarwal and Anoop Vyas
University of Delhi and Devi Ahilya University
35.

The Gramm-Leach-Bliley Act

Number of pages: 21 Posted: 10 Jul 2019 Last Revised: 28 Oct 2019
Working Paper Series
Jolina C. Cuaresma
Georgetown University Law Center
Downloads 18
36.

Intellectual Property in the New Technological Age: 2019 - Chapters 1 and 2

Number of pages: 176 Posted: 08 Jul 2019 Last Revised: 18 Aug 2019
Working Paper Series
Peter S. Menell, Mark A. Lemley and Robert P. Merges
University of California, Berkeley - School of Law, Stanford Law School and University of California, Berkeley - School of Law
Downloads 1,481
37.

Commissioning the Consumer Financial Protection Bureau

31 Loy. Consumer L. Rev. 426
Number of pages: 74 Posted: 01 Jul 2019 Last Revised: 05 Sep 2019
Accepted Paper Series
Jolina C. Cuaresma
Georgetown University Law Center
Downloads 114
38.

It’s Good to Have the ‘Haves’ on Your Side: A Defense of Repeat Players in Multidistrict Litigation

108 Georgetown Law Journal 73 (2019), U of Houston Law Center No. 2019-A-9
Number of pages: 51 Posted: 28 Jun 2019 Last Revised: 07 Nov 2019
Accepted Paper Series
Andrew Bradt and D. Theodore Rave
University of California, Berkeley - School of Law and University of Houston Law Center
Downloads 87
39.

The Paradox of Source Code Secrecy

Cornell Law Review, Forthcoming
Number of pages: 98 Posted: 25 Jun 2019 Last Revised: 08 Nov 2019
Accepted Paper Series
Sonia Katyal
University of California, Berkeley - School of Law
Downloads 623
40.

Reforming Patent Eligibility: Supplementary Statement of Professors Jeffrey A. Lefstin and Peter S. Menell

UC Hastings Research Paper No. 336
Number of pages: 20 Posted: 17 Jun 2019 Last Revised: 03 Oct 2019
Working Paper Series
Peter S. Menell and Jeffrey A. Lefstin
University of California, Berkeley - School of Law and University of California Hastings College of the Law
Downloads 51
41.

Economic Analysis of Network Effects and Intellectual Property

Berkeley Technology Law Journal, Vol. 34, No. 1, 2019
Number of pages: 104 Posted: 04 Jun 2019
Accepted Paper Series
Peter S. Menell
University of California, Berkeley - School of Law

Multiple version iconThere are 2 versions of this paper

Downloads 110
42.

Transparenthood

Michigan Law Review, Forthcoming
Number of pages: 76 Posted: 30 May 2019 Last Revised: 14 Jun 2019
Working Paper Series
Sonia Katyal and Ilona M. Turner
University of California, Berkeley - School of Law and Transgender Law Center
Downloads 40
43.

Looking for Law in All the Wrong Places: Justice Beyond and Between

Looking for Law in All the Wrong Places: Justice Beyond and Between, Fordham University Press (2019)
Posted: 29 May 2019
Accepted Paper Series
Marianne Constable, Leti Volpp and Bryan Wagner
University of California, Berkeley - Department of Rhetoric, University of California, Berkeley - School of Law and affiliation not provided to SSRN
44.

Protecting the Nation from 'Honor Killings': The Construction of a Problem

34 Constitutional Commentary 133 (2019)
Number of pages: 37 Posted: 29 May 2019
Working Paper Series
Leti Volpp
University of California, Berkeley - School of Law
Downloads 30
45.

Polarized State Politics, Stable Mortgage Markets

University of Chicago Coase-Sandor Institute for Law & Economics Research Paper No. 882, U of Chicago, Public Law Working Paper
Number of pages: 45 Posted: 17 May 2019 Last Revised: 05 Dec 2019
Working Paper Series
Brian D. Feinstein, Chen Meng and Manisha Padi
University of Pennsylvania, The Wharton School, University of Chicago - Law School and University of California, Berkeley - School of Law
Downloads 87
46.

Be Careful What You Wish For: Ronald Reagan, Donald Trump, The Assault on Civil Rights, and The Surprising Story of How Title VII Got Its Private Right of Action

Berkeley Journal of Employment and Labor Law, Vol. 39, No. 1, 2018
Number of pages: 31 Posted: 09 May 2019
Accepted Paper Series
David B. Oppenheimer, Henry Cornillie, Henry Bluestone Smith, Thao Thai and Richard Treadwell
University of California, Berkeley - School of Law, affiliation not provided to SSRN, affiliation not provided to SSRN, affiliation not provided to SSRN and affiliation not provided to SSRN
Downloads 41
47.

Attempted Justice: Misunderstanding and Bias in Psychological Constructions of Criminal Attempt

Stanford Law Review, Vol. 71, March 2019
Number of pages: 94 Posted: 03 May 2019
Accepted Paper Series
Avani Mehta Sood
University of California, Berkeley - School of Law
Downloads 79
48.

Healthy Data Protection

Michigan Telecommunications and Technology Law Review, Vol. 26, No. 229, 2020
Number of pages: 50 Posted: 24 Apr 2019 Last Revised: 06 May 2020
Accepted Paper Series
Lothar Determann
Baker & McKenzie LLP
Downloads 585
49.

A Defense of the Electoral College in the Time of Trump

Pepperdine Law Review, Vol. 46, No. 4, 2019
Number of pages: 70 Posted: 12 Apr 2019
Accepted Paper Series
John Yoo
University of California at Berkeley School of Law
Downloads 350
50.

Patent Showdown at the N.D. C[orr]al

Chicago-Kent Journal of Intellectual Property Law (Forthcoming)
Number of pages: 47 Posted: 02 Apr 2019 Last Revised: 16 May 2019
Accepted Paper Series
Peter S. Menell
University of California, Berkeley - School of Law
Downloads 93