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

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1.

American Legal Realism

U of Texas Law, Public Law Research Paper No. 42
Number of pages: 38 Posted: 29 Oct 2002
Accepted Paper Series
University of Chicago
Downloads 14,830
2.

Beyond the Hart/Dworkin Debate: The Methodology Problem in Jurisprudence

U of Texas Law, Public Law Research Paper No. 34
Number of pages: 50 Posted: 23 Mar 2005
Accepted Paper Series
University of Chicago
Downloads 7,495
3.

The End of Empire: Dworkin and Jurisprudence in the 21st Century

U of Texas Law, Public Law Research Paper No. 70
Number of pages: 22 Posted: 30 Sep 2004
Accepted Paper Series
University of Chicago
Downloads 6,089
4.

The Hermeneutics of Suspicion: Recovering Marx, Nietzsche, and Freud

U of Texas Law, Public Law Research Paper No. 72
Number of pages: 68 Posted: 23 Mar 2005
Accepted Paper Series
University of Chicago
Downloads 5,694
5.

In Praise of Realism (and Against 'Nonsense' Jurisprudence)

U of Texas Law, Public Law Research Paper No. 138
Number of pages: 38 Posted: 28 Mar 2008 Last Revised: 07 Apr 2010
Working Paper Series
University of Chicago
Downloads 2,939
6.

Interview About Legal Philosophy

LEGAL PHILOSOPHY: 5 QUESTIONS, Automatic Press, 2007, U of Texas Law, Public Law Research Paper No. 120
Number of pages: 13 Posted: 17 May 2007
Accepted Paper Series
University of Chicago
Downloads 2,814
7.

Reducing Digital Copyright Infringement Without Restricting Innovation

Stanford Law Review, Vol. 56, p. 1345, 2004, UC Berkeley Public Law Research Paper No. 525662, U of Texas Law, Public Law Research Paper No. 63, U of Texas Law and Econ Research Paper No. 025
Number of pages: 88 Posted: 08 Apr 2004 Last Revised: 10 Jun 2012
Accepted Paper Series
Stanford Law School and University of California, Irvine School of Law
Downloads 2,784
8.

Who May Be Killed? Anwar al-Awlaki as a Case Study in the International Legal Regulation of Lethal Force

YEARBOOK OF INTERNATIONAL HUMANITARIAN, Vol. 13, M.N. Schmitt et al, eds., 2010, U of Texas Law, Public Law Research Paper No. 189
Number of pages: 58 Posted: 04 Feb 2011 Last Revised: 17 Oct 2011
Accepted Paper Series
University of Texas School of Law
Downloads 2,765
9.

Military-Intelligence Convergence and the Law of the Title 10/Title 50 Debate

Journal of National Security Law and Policy, Vol. 5, p. 539, 2012, University of Texas Law, Public Law Research Paper No. 212
Number of pages: 92 Posted: 18 Oct 2011 Last Revised: 05 Apr 2015
Working Paper Series
University of Texas School of Law
Downloads 2,634
10.

The Theory of Esoteric Law

Journal of Legal Education, Summer 2007, U of Texas Law, Public Law Research Paper No. 121
Number of pages: 11 Posted: 27 Feb 2007
Accepted Paper Series
University of Chicago
Downloads 2,241
11.

Morality Critics

THE OXFORD HANDBOOK OF CONTINENTAL PHILOSOPHY, B. Leiter & M. Rosen, eds., Oxford University Press, 2007, U of Texas Law, Public Law Research Paper No. 114
Number of pages: 68 Posted: 21 Dec 2006
Accepted Paper Series
University of Chicago
Downloads 2,078
12.

Why Evolutionary Biology is (so Far) Irrelevant to Law

U of Texas Law, Law & Econ Research Paper No. 81, U of Texas Law, Public Law Research Paper No. 89
Number of pages: 50 Posted: 23 Mar 2006 Last Revised: 13 Feb 2014
Working Paper Series
University of Chicago and University of Pennsylvania
Downloads 2,068
13.

Explaining Theoretical Disagreement

U of Texas Law, Public Law Research Paper No. 124
Number of pages: 44 Posted: 04 Aug 2007
Working Paper Series
University of Chicago
Downloads 1,915
14.

Financial Characteristics of Businesses in Bankruptcy

American Bankruptcy Law Journal
Number of pages: 105 Posted: 17 Nov 1999
Accepted Paper Series
Harvard Law School and University of Texas at Austin School of Law
Downloads 1,859
15.

Originalism is Bunk

Number of pages: 96 Posted: 28 Dec 2007 Last Revised: 09 Sep 2009
Working Paper Series
University of Pennsylvania Law School
Downloads 1,789
16.

Objectivity, Morality and Adjudication

OBJECTIVITY IN LAW AND MORALS, Brian Leiter, Cambridge University Press, 2001
Number of pages: 42 Posted: 10 Apr 2000
Accepted Paper Series
University of Chicago
Downloads 1,760
17.

Introduction: From Legal Realism to Naturalized Jurisprudence

University of Texas Law, Public Law Research Paper No. 104
Number of pages: 14 Posted: 23 Aug 2006
Working Paper Series
University of Chicago
Downloads 1,731
18.

Is There an 'American' Jurisprudence?

U of Texas Law, Public Law Research Paper No. 74
Number of pages: 32 Posted: 14 Jul 2005
Accepted Paper Series
University of Chicago
Downloads 1,490
19.

Who's Patenting What? An Empirical Exploration of Patent Prosecution

Vanderbilt Law Review, Vol. 53, p. 2099, 2000, UC Berkeley, Public Law and Legal Theory Research Paper No. 19, University of Texas Public Law & Legal Theory, Research Paper No. 010
Number of pages: 81 Posted: 13 Jun 2000
Accepted Paper Series
University of Texas - McCombs School of Business and Stanford Law School
Downloads 1,403
20.

Law and the Humanities: An Uneasy Relationship

Yale Journal of Law and the Humanities, Vol. 18, p. 155, 2006, Yale Law School, Public Law Working Paper No. 121, U of Texas Law, Public Law Research Paper No. 109
Number of pages: 34 Posted: 22 Oct 2006
Accepted Paper Series
Yale University - Law School and University of Texas Law School
Downloads 1,370
21.

The First Sale Doctrine in the Era of Digital Networks

U of Texas Law, Public Law Research Paper No. 57; and U of Texas Law, Law and Econ Research Paper No. 004
Number of pages: 77 Posted: 30 Nov 2003
Accepted Paper Series
University of California, Irvine School of Law
Downloads 1,332
22.

Holmes, Nietzsche & Classical Realism

U Texas School of Law Pub. Law Working Paper No. 003
Number of pages: 38 Posted: 04 Apr 2000
Working Paper Series
University of Chicago
Downloads 1,319
23.

Science and Morality: Pragmatic Reflections on Rorty's Pragmatism

University of Chicago Law Review, 2007, U of Texas Law, Public Law Research Paper No. 128
Number of pages: 13 Posted: 05 Jan 2007
Accepted Paper Series
University of Chicago
Downloads 1,310
24.

A Positive Theory of Legal Negotiation

Georgetown Law Journal, Vol. 88, 2000
Number of pages: 23 Posted: 18 Apr 2000
Accepted Paper Series
UCLA School of Law
Downloads 1,284
25.

Beyond the Battlefield, Beyond Al Qaeda: The Destabilizing Legal Architecture of Counterterrorism

Michigan Law Review, Forthcoming, U of Texas Law, Public Law Research Paper No. 227
Number of pages: 62 Posted: 01 Sep 2012 Last Revised: 17 Nov 2013
Accepted Paper Series
University of Texas School of Law
Downloads 1,238
26.

Regulating Internet Payment Intermediaries

U of Texas Law, Public Law Research Paper No. 54; and U of Texas Law, Law and Econ Research Paper No. 007
Number of pages: 37 Posted: 30 Sep 2003
Accepted Paper Series
Columbia University - Law School
Downloads 1,225
27.

Copyright and Internet Music Transmissions: Existing Law, Major Controversies, Possible Solutions

U of Texas Law, Public Law Research Paper No. 26
Number of pages: 39 Posted: 31 Jul 2001
Accepted Paper Series
University of California, Irvine School of Law
Downloads 1,206
28.

13 Ways of Looking at Dred Scott

Chicago-Kent Law Review, Vol. 82, No. 800, p. 49, 2007, Yale Law School, Public Law Working Paper No. 153, U of Texas Law, Public Law Research Paper No. 115
Number of pages: 48 Posted: 08 Mar 2007 Last Revised: 30 Jan 2009
Accepted Paper Series
Yale University - Law School and University of Texas Law School
Downloads 1,190
29.

Multiple Chancellors: Reforming the National Injunction

Harvard Law Review, Forthcoming, UCLA School of Law, Public Law Research Paper No. 16-54, U of Texas Law, Public Law Research Paper
Number of pages: 63 Posted: 05 Nov 2016 Last Revised: 24 Mar 2017
Accepted Paper Series
UCLA School of Law
Downloads 1,147
30.

Federal Search Commission? Access, Fairness and Accountability in the Law of Search

Cornell Law Review, September 2008, U of Texas Law, Public Law Research Paper No. 123, Seton Hall Public Law Research Paper No. 1002453
Number of pages: 69 Posted: 26 Jul 2007 Last Revised: 01 Feb 2014
Accepted Paper Series
University of Maryland Francis King Carey School of Law and University of Texas at Austin - School of Law
Downloads 1,091
31.

The Anti-Oligarchy Constitution

Boston University Law Review, Vol. 94, No. 671, 2014, U of Texas Law, Public Law Research Paper No. 561
Number of pages: 29 Posted: 02 May 2014 Last Revised: 03 May 2014
Accepted Paper Series
University of Texas School of Law and University of Texas at Austin - School of Law
Downloads 1,064
32.

Cost and Capital Punishment: A New Consideration Transforms an Old Debate

University of Chicago Legal Forum, Vol. 2010, No. 1, 2010, Harvard Public Law Working Paper No. 12-04, U of Texas Law, Public Law Research Paper No. 208
Number of pages: 50 Posted: 25 Jan 2012 Last Revised: 20 Feb 2012
Accepted Paper Series
Harvard Law School and University of Texas School of Law
Downloads 1,045
33.

The Arbitrator and Mandatory Rules of Law

American Review of International Arbitration, Spring 2008
Number of pages: 35 Posted: 28 Dec 2007 Last Revised: 01 Jun 2010
Accepted Paper Series
University of Texas at Austin - School of Law
Downloads 1,033
34.

Medical Problems and Bankruptcy Filings

Norton's Bankruptcy Adviser, May 2000
Number of pages: 26 Posted: 09 May 2000
Accepted Paper Series
Harvard Law School, University of Virginia - Office of the President and University of North Carolina (UNC) at Chapel Hill - School of Law
Downloads 1,022
35.

Access to Information, Access to Justice: The Role of Presuit Investigatory Discovery

University of Michigan Journal of Law Reform, Vol. 40, No. 2, 2007, U of Houston Law Center No. 2006-W-04, U of Texas Law, Public Law Research Paper No. 88
Number of pages: 64 Posted: 27 Feb 2006 Last Revised: 24 Jun 2011
Working Paper Series
University of Houston Law Center
Downloads 1,015
36.

A Parting Reprise (Teaching Civil Procedure)

St. Louis University Law Journal, Vol. 47, 2003, U of Texas Law, Public Law Research Paper No. 97, U of Houston Law Center No. 2005-A-19
Number of pages: 18 Posted: 26 Apr 2006
Accepted Paper Series
University of Houston Law Center
Downloads 1,004
37.

The Poor State of Health Care Quality in the U.S.: Is Malpractice Liability Part of the Problem or Part of the Solution?

U of Texas Law, Law and Econ Research Paper No. 038, U of Texas Public Law Research Paper No. 044, U of Maryland Legal Studies Research Paper No. 2004-08
Number of pages: 89 Posted: 25 Jan 2005
Working Paper Series
Georgetown University and University of Texas at Austin - School of Law
Downloads 989
38.

Democracy and Dysfunction: An Exchange

Indiana Law Review, Vol. 50 (2017 Forthcoming), Yale Law School, Public Law Research Paper No. 579
Number of pages: 108 Posted: 12 Aug 2016 Last Revised: 20 Dec 2016
Accepted Paper Series
University of Texas Law School and Yale University - Law School
Downloads 973
39.

The Interplay Between Norms and Enforcement in Tax Compliance

George Mason Law & Economics Research Paper No. 03-12; U of Texas, Public Law Research Paper No. 49
Number of pages: 62 Posted: 28 Mar 2003
Accepted Paper Series
Indiana University Maurer School of Law
Downloads 867
40.

Punishment and Justification

U of Texas Law, Public Law Research Paper No. 129
Number of pages: 69 Posted: 12 Jan 2007
Working Paper Series
University of Pennsylvania Law School
Downloads 828
41.

Cyberspace Self-Governance: A Skeptical View from Democratic Theory

As published in California Law Review, Vol. 88, March 2000
Number of pages: 105 Posted: 27 Aug 1999
Accepted Paper Series
University of California, Los Angeles (UCLA) - School of Law
Downloads 759
42.

The Dangerous Thirteenth Amendment

Columbia Law Review, Forthcoming, U of Texas Law, Public Law Research Paper No. 224, Yale Law School, Public Law Working Paper No. 258
Number of pages: 46 Posted: 22 Jul 2012
Accepted Paper Series
Yale University - Law School and University of Texas Law School
Downloads 753
43.

Constitutional Dictatorship: Its Dangers and Its Design

Minnesota Law Review, Vol. 94, p. 1789, 2010, Yale Law School, Public Law Working Paper No. 200, U of Texas Law, Public Law Research Paper No. 164
Number of pages: 79 Posted: 19 Nov 2009 Last Revised: 19 Jun 2010
Accepted Paper Series
University of Texas Law School and Yale University - Law School
Downloads 738
44.

Is it Finally Time to Put 'Proof Beyond a Reasonable Doubt' Out to Pasture?

U of Texas Law, Public Law Research Paper No. 194
Number of pages: 25 Posted: 21 Apr 2011
Working Paper Series
University of Texas School of Law
Downloads 731
45.

Tax Compliance and the Reformed IRS

George Mason Law & Economics Research Paper No. 03-13; U of Texas, Public Law Research Paper No. 50
Number of pages: 41 Posted: 28 Mar 2003
Accepted Paper Series
Indiana University Maurer School of Law
Downloads 729
46.

The Emerging Law of Detention: The Guantanamo Cases as Lawmaking

Governance Studies at Brookings, January 22, 2010, U of Texas Law, Public Law Research Paper No. 165
Number of pages: 109 Posted: 27 Jan 2010
Accepted Paper Series
Brookings Institution, University of Texas School of Law and Brookings Institution
Downloads 714
47.

A Global Solution to Multinational Default

Michigan Law Review, Vol. 98, June 2000
Number of pages: 47 Posted: 22 Mar 2001
Accepted Paper Series
University of Texas at Austin School of Law
Downloads 702
48.

The Applicability of the Geneva Conventions to the 'Global War on Terrorism'

U of Texas Law, Public Law Research Paper No. 93, Virginia Journal of International Law, Vol. 46, 2006
Number of pages: 33 Posted: 19 Apr 2006
Accepted Paper Series
University of Texas School of Law
Downloads 654
49.

Constitutional Crises

University of Pennsylvania Law Review, Vol. 157, 2009, Yale Law School, Public Law Working Paper No. 161, U of Texas Law, Public Law Research Paper No. 146
Number of pages: 46 Posted: 16 Sep 2008 Last Revised: 07 Apr 2010
Accepted Paper Series
University of Texas Law School and Yale University - Law School
Downloads 648
50.

Social Science and Human Rights

UNDERSTANDING SOCIAL ACTION, PROMOTING HUMAN RIGHTS, Ryan Goodman, Derek Jinks, & Andrew K. Woods, eds., Oxford University Press, 2012, NYU School of Law, Public Law Research Paper No. 11-57, University of Texas Law, Public Law Research Paper No. 200
Number of pages: 24 Posted: 17 Aug 2011 Last Revised: 08 Sep 2011
Accepted Paper Series
New York University School of Law, University of Texas School of Law and University of Kentucky - College of Law
Downloads 639