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Yale Law School, Public Law & Legal Theory Research Paper Series

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1.

U.S. Supreme Court Decision Making, Case Salience, and the Attitudinal Model

Law & Policy, Vol. 28, No. 3, pp. 295-320
Number of pages: 42 Posted: 16 Feb 2019
Accepted Paper Series
Political Science, University of North Carolina, Chapel Hill and Yale University - Department of Political Science

Multiple version iconThere are 2 versions of this paper

Downloads 6
2.

The Fourteenth Amendment as an Ending: From Bayonet Justice to Paper Rights

Number of pages: 31 Posted: 13 Feb 2019
Working Paper Series
Yale University, Law School, Students and Yale University - Law School
Downloads 60
3.

Appendices to Broadening Precedent

Number of pages: 21 Posted: 07 Feb 2019 Last Revised: 10 Feb 2019
Working Paper Series
Stanford Law School
Downloads 5
4.

Broadening Precedent

Number of pages: 52 Posted: 06 Feb 2019 Last Revised: 16 Feb 2019
Working Paper Series
Stanford Law School
Downloads 134
5.

The Constitutionalization of Disparate Impact — Court-Centered and Popular Pathways

California Law Review, Vol. 106, 2019, Yale Law School, Public Law Research Paper No. 661
Number of pages: 22 Posted: 08 Jan 2019 Last Revised: 16 Jan 2019
Accepted Paper Series
Yale University - Law School
Downloads 127
6.

Response to Critics

Forthcoming in Global Constitutionalism
Number of pages: 8 Posted: 27 Dec 2018
Accepted Paper Series
Yale University - Law School and Yale University - Law School
Downloads 44
7.

International Law and Its Transformation Through the Outlawry of War

Forthcoming in International Affairs, Yale Law School, Public Law Research Paper No. 660
Number of pages: 20 Posted: 27 Dec 2018
Accepted Paper Series
Yale University - Law School and Yale University - Law School
Downloads 107
8.

Yemen: Is the U.S. Breaking the Law?

Harvard National Security Journal, Forthcoming , Yale Law School, Public Law Research Paper No. 658
Number of pages: 64 Posted: 16 Nov 2018 Last Revised: 11 Dec 2018
Accepted Paper Series
Yale University - Law School, Yale University, Law School, Students, Yale University, Law School, Students and Yale Law School
Downloads 123
9.

Fixing Social Media's Grand Bargain

Hoover Working Group on National Security, Technology, and Law, Aegis Series Paper No. 1814 (October 16, 2018), Yale Law School, Public Law Research Paper No. 652
Number of pages: 20 Posted: 08 Nov 2018
Working Paper Series
Yale University - Law School
Downloads 248
10.

Global Reconfigurations, Constitutional Obligations, and Everyday Life

2018 Volume of Yale's Global Constitutionalism Seminar, a Part of the Gruber Program for Global Justice and Women's Rights., Yale Law School, Public Law Research Paper No. 662
Number of pages: 302 Posted: 08 Nov 2018
Working Paper Series
Yale University - Law School, Yale University - Law School, Yale University, European Court of Human Rights, Yale Law School, Yale Law School, European University Institute, Yale Law School, Yale University - Law School, Yale Law School, Constitutional Court of Italy, Yale University - Law School, Yale University and Constitutional Court of Colombia
Downloads 71
11.

An Experimental Examination of Measurement Disparities in Public Climate Change Beliefs

Yale Law School, Public Law Research Paper No. 655
Number of pages: 22 Posted: 07 Nov 2018 Last Revised: 15 Nov 2018
Working Paper Series
Annenberg Public Policy Center, Cultural Cognition Project at Yale Law School, Annenberg Public Policy Center at the University of Pennsylvania, University of Pennsylvania - Annenberg Public Policy Center and Yale University - Law School
Downloads 144
12.

The Functions of Publicity and of Privatization in Courts and their Replacements (from Jeremy Bentham to #MeToo and Google Spain)

Open Justice: The Role of Courts in a Democratic Society, Burkhard Hess and Ana Koprivica (editors), Nomos, 2019, Yale Law School, Public Law Research Paper No. 659
Number of pages: 25 Posted: 26 Oct 2018
Accepted Paper Series
Yale University - Law School
Downloads 71
13.

Robert W. Gordon in Conversation with David Sugarman

The Docket (the Digital Edition of Law & History Review), Volume 1, Issue 3, October 2018. , Yale Law School, Public Law Research Paper No. 653
Number of pages: 39 Posted: 25 Oct 2018
Accepted Paper Series
Yale University - Law School and Lancaster University - Law School
Downloads 99
14.

On Darkness and Light in Legal Imagination and Practice: A Foreword to the Dark Sides of the Law

The Dark Sides of the Law: Perspectives on Law, Literature, and Justice in Common Law Countries, Geraldine Gadbin-George, Yvonne-Marie Rogez, Armelle Sabatier & Claire Wrobel (editors), Paris: Editions, Michel Houdiard, 2019, Forthcoming, Yale Law School, Public Law Research Paper No. 649
Number of pages: 30 Posted: 24 Oct 2018
Accepted Paper Series
Yale University - Law School
Downloads 56
15.

Reforming Restrictive Housing: The 2018 ASCA-Liman Nationwide Survey of Time-in-Cell

Yale Law School, Public Law Research Paper No. 656
Number of pages: 197 Posted: 18 Oct 2018
Working Paper Series
Yale University - Law School, Yale University - Law School, Yale University - Law School, Yale Law School, Yale University, Law School, Students, Yale University, Law School, Students, Yale University, Law School, Students and Yale University, Law School, Students
Downloads 104
16.

Prospects for Common Ground: Introduction, in Religious Freedom, LGBT Rights, and the Prospects for Common Ground

Religious Freedom, LGBT Rights, and the Prospects for Common Ground (William N. Eskridge, Jr. & Robin Fretwell Wilson, eds. Cambridge Univ. Press, 2018, University of Illinois College of Law Legal Studies Research Paper No. 18-34, Yale Law School, Public Law Research Paper No. 654
Number of pages: 10 Posted: 16 Oct 2018 Last Revised: 09 Jan 2019
Accepted Paper Series
Yale University - Law School and University of Illinois College of Law
Downloads 10
17.

The First Amendment in the Second Gilded Age

Buffalo Law Review, 2019 (Forthcoming), Yale Law School, Public Law Research Paper No. 651
Number of pages: 34 Posted: 16 Oct 2018 Last Revised: 20 Jan 2019
Accepted Paper Series
Yale University - Law School
Downloads 317
18.

Legality in Contemporary Chinese Politics

Virginia Journal of International Law, Forthcoming, Yale Law School, Public Law Research Paper No. 657, U of Chicago, Public Law Working Paper No. 689
Number of pages: 64 Posted: 09 Oct 2018
Accepted Paper Series
Yale University - Law School and University of Chicago Law School
Downloads 350
19.

The Development of Comparative Law in Modern China

Oxford Handbook of Comparative Law (2nd Ed., Reimann & Zimmermann eds., Forthcoming), Yale Law School, Public Law Research Paper No. 650
Number of pages: 25 Posted: 07 Oct 2018
Accepted Paper Series
Yale University - Law School
Downloads 112
20.

Revitalizing Public Interest Lawyering in the 1990s: The Story of One Effort to Address the Problem of Homelessness

Yale Law School, Public Law Research Paper, (1991) Paper 4427
Posted: 27 Aug 2018
Accepted Paper Series
Independent, Independent, IndependentSeattle University School of Law and College of Law and Business
21.

The Recent Unpleasantness: Understanding the Cycles of Constitutional Time

Indiana Law Journal, (2018 Forthcoming), Yale Law School, Public Law Research Paper No. 648
Number of pages: 77 Posted: 08 Aug 2018
Accepted Paper Series
Yale University - Law School
Downloads 1,139
22.

Religious Exemptions and Antidiscrimination Law in Masterpiece Cakeshop

128 Yale Law Journal Forum 201 (2018), Yale Law School, Public Law Research Paper No. 646
Number of pages: 25 Posted: 30 Jul 2018 Last Revised: 16 Sep 2018
Working Paper Series
Yale University - Law School and Yale University - Law School
Downloads 218
23.

Partisan Constitutionalism: Reconsidering the Role of Political Parties in Popular Constitutional Change

Wisconsin Law Review, Forthcoming
Number of pages: 31 Posted: 21 Jun 2018 Last Revised: 18 Feb 2019
Accepted Paper Series
National Consumer Law Center
Downloads 57
24.

Differentiating Assimilation

75 Studies in Law, Politics, and Society 1 (2018), Yale Law School, Public Law Research Paper No. 645
Posted: 20 Jun 2018 Last Revised: 29 Jun 2018
Working Paper Series
Yale University - Law School
25.

The Unfinished Story of Roe V. Wade

REPRODUCTIVE RIGHTS AND JUSTICE STORIES (Melissa Murray, Kate Shaw & Reva Siegel eds., 2019, Forthcoming), Yale Law School, Public Law Research Paper No. 643
Number of pages: 22 Posted: 05 Jun 2018 Last Revised: 17 Sep 2018
Working Paper Series
Yale University - Law School and Yale Law School
Downloads 364
26.

Free Speech is a Triangle

Columbia Law Review, 2018, Forthcoming, Yale Law School, Public Law Research Paper No. 640
Number of pages: 46 Posted: 30 May 2018 Last Revised: 16 Nov 2018
Accepted Paper Series
Yale University - Law School
Downloads 817
27.

The New Health Care Federalism on the Ground

Indiana Health Law Review, Vol. 15, p. 1 (2018), Yale Law School, Public Law Research Paper No. 639, Boston Univ. School of Law, Public Law Research Paper
Number of pages: 21 Posted: 29 May 2018
Accepted Paper Series
Yale University - Law School and Boston University - School of Public Health
Downloads 32
28.

Blind Justice: Why the Court Refused to Accept Statistical Evidence of Discriminatory Purpose in Mccleskey V. Kemp—And Some Pathways for Change

Northwestern University Law Review, Vol. 112, Forthcoming, Yale Law School, Public Law Research Paper No. 642
Number of pages: 23 Posted: 21 May 2018 Last Revised: 07 Jun 2018
Accepted Paper Series
Yale University - Law School
Downloads 133
29.

Reconceptualizing Sexual Harassment, Again

Yale Law School, Public Law Research Paper No. 647
Number of pages: 45 Posted: 06 May 2018 Last Revised: 16 Aug 2018
Working Paper Series
Yale Law School
Downloads 450
30.

Will a Policy of Preemptive Self-Defense Make Us All Safer?

Yale Law School, Public Law Research Paper No. 638
Number of pages: 24 Posted: 02 May 2018
Working Paper Series
Yale University - Law School
Downloads 75
31.

Junk Cities: Resolving Insolvency Crises in Overlapping Municipalities

California Law Review, Vol. 107, 2019, Yale Law School, Public Law Research Paper No. 637, Yale Law & Economics Research Paper No. 595
Number of pages: 85 Posted: 29 Apr 2018 Last Revised: 26 Jun 2018
Accepted Paper Series
Independent, Georgetown University Law Center and Yale University - Law School
Downloads 317
32.

Who Pays? Fines, Fees, Bail, and the Cost of Courts

Yale Law School, Public Law Research Paper No. 644
Number of pages: 222 Posted: 25 Apr 2018
Working Paper Series
Yale University - Law School, Yale University - Law School, Yale University - Law School, Yale University, Law School, Students, Yale University, Law School, Students, Yale University, Law School, Students and Yale University, Law School, Students
Downloads 142
33.

The Hands Lecture: Adjudication in the Age of Disagreement

Fordham Law Review, Vol. 86, No. 149, 2017, Yale Law School, Public Law Research Paper No. 641
Number of pages: 14 Posted: 01 Apr 2018 Last Revised: 07 Jun 2018
Accepted Paper Series
Yale University - Law School
Downloads 103
34.

Two Humanitarianisms in Ambrose Bierce's 'An Occurrence at Owl Creek Bridge'

Yale Law School, Public Law Research Paper No. 636
Number of pages: 29 Posted: 24 Mar 2018
Working Paper Series
Yale University - Law School
Downloads 77
35.

A Lost Theory of American Emergency Constitutionalism

Law & History Review, 36:3, Forthcoming
Number of pages: 41 Posted: 24 Mar 2018 Last Revised: 16 Aug 2018
Accepted Paper Series
Yale University - Law School
Downloads 136
36.

Statutory Interpretation on the Bench: A Survey of Forty-Two Judges on the Federal Courts of Appeals

Harvard Law Review, Vol. 131, No. 5, p. 1298, 2018, U of Chicago, Public Law Working Paper No. 673, Yale Law School, Public Law Research Paper No. 635
Number of pages: 76 Posted: 14 Mar 2018 Last Revised: 17 May 2018
Working Paper Series
Yale University - Law School and University of Chicago Law School
Downloads 197
37.

Civil Litigation and the Opioid Epidemic: The Role of Courts in a National Health Crisis

Journal of Law, Medicine & Ethics, Forthcoming, Yale Law School, Public Law Research Paper No. 633
Number of pages: 30 Posted: 09 Mar 2018
Working Paper Series
Yale University - Law School, Yale University, Law School, Students and Brigham & Women's Hospital
Downloads 535
38.

Arguing About the Constitution: The Topics in Constitutional Interpretation

Constitutional Commentary (Forthcoming), Yale Law School, Public Law Research Paper No. 631
Number of pages: 111 Posted: 08 Mar 2018 Last Revised: 24 Jul 2018
Accepted Paper Series
Yale University - Law School
Downloads 344
39.

What is Federalism in Health Care for?

Stanford Law Review, Vol. 70, 2018, Yale Law School, Public Law Research Paper No. 630
Number of pages: 115 Posted: 01 Mar 2018 Last Revised: 11 Jul 2018
Accepted Paper Series
Yale University - Law School and Boston University - School of Public Health
Downloads 260
40.

A2J/A2K: Access to Justice, Access to Knowledge, and Economic Inequalities in Open Courts and Arbitrations

North Carolina Law Review, Vol. 96, 2018, Yale Law School, Public Law Research Paper No. 632
Number of pages: 78 Posted: 22 Feb 2018 Last Revised: 19 Apr 2018
Working Paper Series
Yale University - Law School
Downloads 82
41.

The Story of Brooke S.B. v. Elizabeth A.C.C.: Parental Recognition in the Age of LGBT Equality

Reproductive Rights and Justice Stories (Murray, Shaw, & Siegel eds., 2019, Forthcoming), Yale Law School, Public Law Research Paper No. 629
Number of pages: 17 Posted: 20 Feb 2018
Accepted Paper Series
Yale University - Law School
Downloads 66
42.

Pregnancy as a Normal Condition of Employment: Comparative and Role-Based Accounts of Discrimination

William & Mary Law Review, Forthcoming, Yale Law School, Public Law Research Paper No. 627
Number of pages: 39 Posted: 31 Jan 2018
Accepted Paper Series
Yale University - Law School
Downloads 99
43.

Reconstituting Constitutional Orders

2017 Volume of Yale's Global Constitutionalism Seminar, a Part of the Gruber Program for Global Justice and Women's Rights, Yale Law School, Public Law Research Paper No. 628
Number of pages: 437 Posted: 16 Dec 2017 Last Revised: 01 Nov 2018
Accepted Paper Series
Yale Law School, Constitutional Court of Colombia, Yale Law School, Wissenschaftskolleg zu Berlin, Supreme Court of Canada, European University Institute, Program in Law and Public Affairs, Princeton University, Yale University - Law School, Constitutional Court of Italy, Yale University - Law School, Yale University - Law School, University of San Andres (UMSA), Yale University - Law School and Yale University, Law School
Downloads 171
44.

The Original Theory of Constitutionalism

Yale Law Journal, Vol. 127, No. 1, 2018, Yale Law School, Public Law Research Paper No. 626, Duke Law School Public Law & Legal Theory Series No. 2018-6
Number of pages: 42 Posted: 08 Dec 2017 Last Revised: 14 Feb 2018
Accepted Paper Series
Yale University - Law School and Columbia University - Law School
Downloads 586
45.

Religious Accommodation, and Its Limits, in a Pluralist Society

Religious Freedom and LGBT Rights: Possibilities and Challenges for Finding Common Ground (Robin Fretwell Wilson & William N. Eskridge, Jr. eds., Cambridge Univ. Press 2018 Forthcoming), Yale Law School, Public Law Research Paper No. 625
Number of pages: 11 Posted: 01 Dec 2017
Accepted Paper Series
Yale University - Law School and Yale University - Law School
Downloads 207
46.

Reorienting the Process Due: Using Jurisdiction to Forge Post-Settlement Relationships Among Litigants. Courts, and the Public in Class and Other Aggregate Litigation

New York University Law Review, Vol. 92, 2017, Yale Law School, Public Law Research Paper No. 624
Number of pages: 51 Posted: 11 Nov 2017
Accepted Paper Series
Yale University - Law School
Downloads 31
47.

Order Without Intellectual Property Law: Open Science in Influenza

Cornell Law Review, Vol. 102, No. 6, 2017, Yale Law School, Public Law Research Paper No. 623
Number of pages: 110 Posted: 08 Nov 2017
Accepted Paper Series
Yale University - Law School
Downloads 87
48.

'Vital' State Interests: From Representative Actions for Fair Labor Standards to Pooled Trusts, Class Actions, and MDLs in Federal Courts

University of Pennsylvania Law Review, Vol. 165, 2017, Yale Law School, Public Law Research Paper No. 622
Number of pages: 42 Posted: 17 Oct 2017 Last Revised: 07 Nov 2017
Accepted Paper Series
Yale University - Law School
Downloads 53
49.

The Basic Structure Doctrine and Implied Limitations on the Exercise of Legislative Powers Under the Nigerian Constitution

Final article published in the University of Uyo Law Journal (2016) vol. 9, pp. 267-289
Number of pages: 25 Posted: 16 Oct 2017
Accepted Paper Series
University of Uyo (UNIUYO) - Faculty of Law
Downloads 16
50.

The Family's Constitution

32 Constitutional Commentary 413 (2017), Yale Law School, Public Law Research Paper No. 621
Number of pages: 36 Posted: 04 Oct 2017
Accepted Paper Series
Yale University - Law School
Downloads 126