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

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Viewing: 1 - 50 of 523 papers

1.

Inventing the War Crime: An Internal Theory

Virginia Journal of International Law, Vol. 59, No. 3, 2019
Number of pages: 58 Posted: 21 Apr 2019
Accepted Paper Series
Yale University, Law School, Students and Yale University - Law School
Downloads 57
2.

Contract’s Revenge: The Waiver Society and the Death of Tort

Cardozo Law Review, Forthcoming
Number of pages: 23 Posted: 20 Apr 2019
Accepted Paper Series
Yale University, Law School, Students, Yale University, Law School, Students and Yale University - Law School
Downloads 42
3.

The Czar and the Slaves: Two Puzzles in the History of International Arbitration

American Journal of International Law (2018)
Number of pages: 45 Posted: 19 Apr 2019
Working Paper Series
Yale University - Law School and Yale University - Law School
Downloads 100
4.

Tort As Private Administration

Cornell Law Review, Vol. 105, No. 2, 2019
Number of pages: 57 Posted: 19 Apr 2019
Accepted Paper Series
Yale University, Law School and Yale University - Law School
Downloads 137
5.

Ethics and Public Health of Driverless Vehicle Collision Programming

86 Tenn. L. Rev. 135 (2018)
Number of pages: 41 Posted: 16 Apr 2019
Accepted Paper Series
Yale University - Law School
Downloads 51
6.

The Making of the Supreme Court Bar: How Business Created a Solicitor General for the Private Sector

Michigan Law Review Online, Vol. 117, December 2018
Number of pages: 15 Posted: 03 Apr 2019
Accepted Paper Series
Yale Law School
Downloads 43
7.

Reforming Unemployment Insurance in the Age of Non-Standard Work

Harvard Law & Policy Review, Vol. 13, No. p. 327, 2018
Number of pages: 30 Posted: 02 Apr 2019
Accepted Paper Series
Yale Law School
Downloads 6
8.

Starving the Statehouse: The Hidden Tax Policies Behind States’ Long‐Run Fiscal Crises

Yale Law & Policy Review, Vol. 37, p. 345, 2018
Number of pages: 39 Posted: 02 Apr 2019
Accepted Paper Series
Yale Law School
Downloads 27
9.

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 14
10.

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

Yale Law School, Public Law Research Paper No. 664
Number of pages: 31 Posted: 13 Feb 2019 Last Revised: 13 Mar 2019
Working Paper Series
Yale University, Law School, Students and Yale University - Law School
Downloads 91
11.

Appendices to Broadening Precedent

Posted: 07 Feb 2019 Last Revised: 06 Mar 2019
Working Paper Series
Stanford Law School
12.

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 153
13.

Response to Critics

Forthcoming in Global Constitutionalism, Yale Law School, Public Law Research Paper No. 663
Number of pages: 8 Posted: 27 Dec 2018
Accepted Paper Series
Yale University - Law School and Yale University - Law School
Downloads 69
14.

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 123
15.

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 University - Law School
Downloads 147
16.

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 286
17.

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 76
18.

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 176
19.

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 95
20.

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 103
21.

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 59
22.

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 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 124
23.

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 18
24.

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 354
25.

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 498
26.

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 129
27.

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
28.

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 1,160
29.

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 230
30.

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 65
31.

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
32.

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 384
33.

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 885
34.

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 33
35.

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
36.

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 498
37.

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 82
38.

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 334
39.

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 145
40.

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 104
41.

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 Last Revised: 22 Mar 2019
Working Paper Series
Yale University - Law School
Downloads 83
42.

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
43.

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 202
44.

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 675
45.

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 351
46.

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 264
47.

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 85
48.

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 72
49.

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 100
50.

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