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

1.

The Hart-Dworkin Debate: A Short Guide for the Perplexed

Number of pages: 54 Posted: 07 Mar 2007 Last Revised: 23 Apr 2017

Working Paper Series

Scott J. Shapiro

Yale University - Law School

Downloads 18,074

2.

Motivated Numeracy and Enlightened Self-Government

Behavioural Public Policy, 1, 54-86, Yale Law School, Public Law Working Paper No. 307

Number of pages: 22 Posted: 08 Sep 2013 Last Revised: 05 Jun 2017

Accepted Paper Series

Dan M. Kahan, Ellen Peters, Erica Cantrell Dawson and Paul Slovic

Yale University - Law School, Ohio State University - Psychology Department, Cornell University and Decision Research

Downloads 18,054

3.

Cultural Cognition of Scientific Consensus

Journal of Risk Research, Vol. 14, pp. 147-74, 2011, Yale Law School, Public Law Working Paper No. 205

Number of pages: 40 Posted: 08 Feb 2010 Last Revised: 16 Apr 2013

Working Paper Series

Dan M. Kahan, Hank Jenkins-Smith and Donald Braman

Yale University - Law School, University of Oklahoma and George Washington University - Law School

Downloads 12,779

4.

The Tragedy of the Risk-Perception Commons: Culture Conflict, Rationality Conflict, and Climate Change

Temple University Legal Studies Research Paper No. 2011-26, Cultural Cognition Project Working Paper No. 89, Yale Law & Economics Research Paper No. 435, Yale Law School, Public Law Working Paper No. 230

Number of pages: 31 Posted: 24 Jun 2011 Last Revised: 16 Apr 2013

Working Paper Series

Dan M. Kahan, Maggie Wittlin, Ellen Peters, Paul Slovic, Lisa Larrimore Ouellette, Donald Braman and Gregory N. Mandel

Yale University - Law School, University of Nebraska at Lincoln - College of Law, Ohio State University - Psychology Department, Decision Research, Stanford Law School, George Washington University - Law School and Temple University - James E. Beasley School of Law

Downloads 9,930

5.

Cultural Cognition as a Conception of the Cultural Theory of Risk

HANDBOOK OF RISK THEORY, S. Roeser, ed., Forthcoming, Harvard Law School Program on Risk Regulation Research Paper No. 08-20, Yale Law School, Public Law Working Paper No. 222

Number of pages: 47 Posted: 23 Apr 2008 Last Revised: 16 Apr 2013

Accepted Paper Series

Dan M. Kahan

Yale University - Law School

Downloads 7,297

6.

Ideology, Motivated Reasoning, and Cognitive Reflection: An Experimental Study

Judgment and Decision Making, 8, 407-24 (2013), Cultural Cognition Lab Working Paper No. 107, Yale Law School, Public Law Research Paper No. 272

Number of pages: 61 Posted: 30 Nov 2012 Last Revised: 30 Jul 2013

Accepted Paper Series

Dan M. Kahan

Yale University - Law School

Downloads 5,105

7.

Contract Theory and the Limits of Contract Law

Yale Law Journal, Vol. 113, Nov/Dec 2003

Number of pages: 84 Posted: 25 Apr 2003

Accepted Paper Series

Alan Schwartz and Robert E. Scott

Yale Law School and Columbia University - Law School

Downloads 4,701

8.

The Second National Risk and Culture Study: Making Sense of - and Making Progress In - The American Culture War of Fact

GWU Legal Studies Research Paper No. 370, Yale Law School, Public Law Working Paper No. 154, GWU Law School Public Law Research Paper No. 370, Harvard Law School Program on Risk Regulation Research Paper No. 08-26

Number of pages: 23 Posted: 26 Sep 2007 Last Revised: 16 Apr 2013

Working Paper Series

Dan M. Kahan, Donald Braman, Paul Slovic, John Gastil and Geoffrey L. Cohen

Yale University - Law School, George Washington University - Law School, Decision Research, Pennsylvania State University and University of Colorado - Department of Psychology

Downloads 4,634

9.

Abortion and Original Meaning

Constitutional Commentary, Vol. 24, No. 101, 2007, Yale Law School, Public Law Working Paper No. 128

Number of pages: 62 Posted: 21 Aug 2006 Last Revised: 14 Apr 2008

Accepted Paper Series

Jack M. Balkin

Yale University - Law School

Downloads 4,250

10.

Genealogies of Sovereignty in Islamic Political Theology

Social Research (Special Issue: Political Theology), Vol. 80 No. 1 (Spring 2013), pp. 293-320., Yale Law School, Public Law Working Paper No. 268

Number of pages: 23 Posted: 26 Oct 2012 Last Revised: 02 Aug 2015

Accepted Paper Series

Andrew F. March

Edmond J. Safra Center for Ethics, Harvard University

Downloads 3,677

11.

Culture and Identity-Protective Cognition: Explaining the White Male Effect in Risk Perception

Journal of Empirical Legal Studies, Vol. 4, No. 3, pp. 465-505, November 2007, Yale Law School, Public Law Working Paper No. 152

Number of pages: 48 Posted: 28 Jun 2007 Last Revised: 16 Apr 2013

Accepted Paper Series

Dan M. Kahan, Donald Braman, John Gastil, Paul Slovic and C. K. Mertz

Yale University - Law School, George Washington University - Law School, Pennsylvania State University, Decision Research and Decision Research

Downloads 3,335

12.

The Constitution in the National Surveillance State

Minnesota Law Review, Vol. 93, No. 1, 2008, Yale Law School, Public Law Working Paper No. 168

Number of pages: 25 Posted: 10 Jun 2008 Last Revised: 18 Feb 2009

Accepted Paper Series

Jack M. Balkin

Yale University - Law School

Downloads 3,235

13.

Racial Critiques of Mass Incarceration: Beyond the New Jim Crow

NYU Law Review, April 2012, Yale Law School, Public Law Working Paper No. 243

Number of pages: 47 Posted: 29 Nov 2011 Last Revised: 20 Mar 2012

Accepted Paper Series

James Forman, Jr. Jr.

Yale University - Law School

Downloads 3,171

14.

What is the Rule of Recognition (and Does it Exist)?

THE RULE OF RECOGNITION AND THE U.S. CONSTITUTION, Matthew Adler, Kenneth Himma, eds., Oxford University Press, 2009, Yale Law School, Public Law Working Paper No. 184

Number of pages: 34 Posted: 23 Nov 2008 Last Revised: 03 Feb 2009

Accepted Paper Series

Scott J. Shapiro

Yale University - Law School

Downloads 2,949

15.

The Future of Free Expression in a Digital Age

Pepperdine Law Review, Vol. 36, 2008

Number of pages: 18 Posted: 01 Feb 2009

Accepted Paper Series

Jack M. Balkin

Yale University - Law School

Downloads 2,942

16.

Digital Speech and Democratic Culture: a Theory of Freedom of Expression for the Information Society

New York University Law Review, Vol. 79, No. 1, 2004, Yale Law School, Public Law Working Paper No. 63

Number of pages: 55 Posted: 03 Dec 2003

Accepted Paper Series

Jack M. Balkin

Yale University - Law School

Downloads 2,468

17.

The Polarizing Impact of Science Literacy and Numeracy on Perceived Climate Change Risks

Nature Climate Change, Vol. 2, pp. 732-735, 2012, Temple University Legal Studies Research Paper No. 2013-04, Yale Law & Economics Research Paper No. 464, Yale Law School, Public Law Working Paper No. 278

Number of pages: 31 Posted: 23 Dec 2012 Last Revised: 16 Apr 2013

Accepted Paper Series

Dan M. Kahan, Ellen Peters, Maggie Wittlin, Paul Slovic, Lisa Larrimore Ouellette, Donald Braman and Gregory N. Mandel

Yale University - Law School, Ohio State University - Psychology Department, University of Nebraska at Lincoln - College of Law, Decision Research, Stanford Law School, George Washington University - Law School and Temple University - James E. Beasley School of Law

Downloads 2,428

18.

Culture, Cognition, and Consent: Who Perceives What, and Why, in 'Acquaintance Rape' Cases

University of Pennsylvania Law Review, Forthcoming, Yale Law School, Public Law Working Paper No. 196, CELS 2009 4th Annual Conference on Empirical Legal Studies Paper

Number of pages: 75 Posted: 22 Jul 2009 Last Revised: 16 Apr 2013

Accepted Paper Series

Dan M. Kahan

Yale University - Law School

Downloads 2,246

19.

Whose Eyes are You Going to Believe? Scott v. Harris and the Perils of Cognitive Illiberalism

Harvard Law Review, Vol. 122, 2009, Yale Law School, Public Law Working Paper No. 159, Harvard Law School Program on Risk Regulation Research Paper No. 08-18, 3rd Annual Conference on Empirical Legal Studies Papers

Number of pages: 67 Posted: 25 Mar 2008 Last Revised: 16 Apr 2013

Accepted Paper Series

Dan M. Kahan, David A. Hoffman and Donald Braman

Yale University - Law School, University of Pennsylvania Law School and George Washington University - Law School

Downloads 2,169

20.

What is the 'Science of Science Communication'?

Journal of Science Communication, 14(3), 1-10 (2015), Yale Law School, Public Law Research Paper No. 539

Number of pages: 10 Posted: 10 Feb 2015 Last Revised: 02 Jan 2016

Accepted Paper Series

Dan M. Kahan

Yale University - Law School

Downloads 2,077

21.

Who Fears the HPV Vaccine, Who Doesn't, and Why? An Experimental Study of the Mechanisms of Cultural Cognition

Law and Human Behavior, Vol. 34, pp. 501-16, 2010, Cultural Cognition Project Working Paper No. 38, Harvard Law School Program on Risk Regulation Research Paper No. 08-19, Yale Law School, Public Law Working Paper No. 163

Number of pages: 49 Posted: 17 Jul 2008 Last Revised: 16 Apr 2013

Accepted Paper Series

Dan M. Kahan, Donald Braman, Geoffrey L. Cohen, Paul Slovic and John Gastil

Yale University - Law School, George Washington University - Law School, University of Colorado - Department of Psychology, Decision Research and Pennsylvania State University

Downloads 1,954

22.

Accountability and Institutional Design: Some Thoughts on the Grammar of Governance

Yale Law School, Public Law Working Paper No. 116, PUBLIC ACCOUNTABILITY: DESIGNS, DILEMMAS AND EXPERIENCES, Michael Dowdle, ed., Cambridge University Press, Chapter 5, pp. 115-156, 2006

Number of pages: 47 Posted: 01 Nov 2006

Accepted Paper Series

Jerry Louis Mashaw

Yale Law School

Downloads 1,952

23.

Fear of Democracy: A Cultural Evaluation of Sunstein on Risk

Harvard Law Review, Vol. 119, 2006, Yale Law School, Public Law Working Paper No. 100, Yale Law & Economics Research Paper No. 317

Number of pages: 52 Posted: 12 Sep 2005

Accepted Paper Series

Dan M. Kahan, Paul Slovic, Donald Braman and John Gastil

Yale University - Law School, Decision Research, George Washington University - Law School and Pennsylvania State University

Downloads 1,883

24.

More Statistics, Less Persuasion: A Cultural Theory of Gun-Risk Perceptions

University of Pennsylvania Law Review, Vol. 151, 2003, Yale Law School, Public Law Research Paper No. 05

Number of pages: 38 Posted: 05 Oct 2001 Last Revised: 16 Apr 2013

Working Paper Series

Donald Braman and Dan M. Kahan

George Washington University - Law School and Yale University - Law School

Downloads 1,882

25.

Original Meaning and Constitutional Redemption

Constitutional Commentary, Vol. 24, 2007, Yale Law School, Public Law Working Paper No. 140

Number of pages: 106 Posted: 18 May 2007 Last Revised: 14 Apr 2008

Accepted Paper Series

Jack M. Balkin

Yale University - Law School

Downloads 1,841

26.

The Law of Cyber-Attack

California Law Review, Vol. 100, No. 4, 2012, Yale Law & Economics Research Paper No. 453, Yale Law School, Public Law Working Paper No. 258

Number of pages: 70 Posted: 23 Aug 2012 Last Revised: 07 Sep 2012

Accepted Paper Series

Oona A. Hathaway, Rebecca Crootof, Philip Levitz, Haley Proctor, Aileen Elizabeth Nowlan, William Perdue and Julia Spiegel

Yale University - Law School, Information Society Project, Yale Law School, U.S. Court of Appeals for the D.C. Circuit, Yale University - Law School, Independent and Independent

Downloads 1,831

27.

Framework Originalism and the Living Constitution

Northwestern University Law Review, 2009

Number of pages: 94 Posted: 27 Oct 2008 Last Revised: 26 Feb 2009

Accepted Paper Series

Jack M. Balkin

Yale University - Law School

Downloads 1,824

28.

The Lawfulness of Health-Care Reform

Yale Law School, Public Law Working Paper No. 228

Number of pages: 30 Posted: 03 Jun 2011 Last Revised: 19 Jun 2011

Working Paper Series

Akhil Amar

Yale Law School

Downloads 1,732

29.

The Two Western Cultures of Privacy: Dignity versus Liberty

Yale Law Journal, Vol. 113, April 2004

Number of pages: 96 Posted: 05 Dec 2003

Accepted Paper Series

James Q. Whitman

Yale Law School

Downloads 1,726

30.

Critical Legal Theory Today

On Philosophy in American, Cambridge University Press 2008

Number of pages: 12 Posted: 15 Jan 2008

Accepted Paper Series

Jack M. Balkin

Yale University - Law School

Downloads 1,711

31.

Behavioral Law and Economics

Yale Law School, Public Law Working Paper No. 130, Yale Law & Economics Research Paper No. 342

Number of pages: 47 Posted: 29 Jan 2007 Last Revised: 04 Feb 2009

Working Paper Series

Christine Jolls

Yale Law School

There are 2 versions of this paper

Downloads 1,708

32.

Roe Rage: Democratic Constitutionalism and Backlash

Harvard Civil Rights-Civil Liberties Law Review, 2007, Yale Law School, Public Law Working Paper No. 131

Number of pages: 67 Posted: 04 Jun 2007

Accepted Paper Series

Robert Post and Reva Siegel

Yale Law School and Yale University - Law School

Downloads 1,707

33.

Affect, Values, and Nanotechnology Risk Perceptions: An Experimental Investigation

GWU Legal Studies Research Paper No. 261, Yale Law School, Public Law Working Paper No. 155, GWU Law School Public Law Research Paper No. 261, 2nd Annual Conference on Empirical Legal Studies Paper

Number of pages: 41 Posted: 07 Mar 2007 Last Revised: 17 Jul 2014

Working Paper Series

Dan M. Kahan, Paul Slovic, Donald Braman, John Gastil and Geoffrey L. Cohen

Yale University - Law School, Decision Research, George Washington University - Law School, Pennsylvania State University and University of Colorado - Department of Psychology

Downloads 1,645

34.

The Cognitively Illiberal State

Stanford Law Review, Vol. 60, 2007, Yale Law School, Public Law Working Paper No. 133

Number of pages: 40 Posted: 20 Feb 2007 Last Revised: 16 Apr 2013

Accepted Paper Series

Dan M. Kahan

Yale University - Law School

Downloads 1,525

35.

What's Really Wrong with Shaming Sanctions

Texas Law Review, Vol. 84, p. 2075, 2006, Yale Law School, Public Law Working Paper No. 125

Number of pages: 28 Posted: 11 Jul 2006 Last Revised: 16 Apr 2013

Accepted Paper Series

Dan M. Kahan

Yale University - Law School

Downloads 1,521

36.

The Logic of Reciprocity: Trust, Collective Action, and Law

Yale Law School, Public Law Research Paper No. 31; Yale Law & Economics Research Paper No. 281

Number of pages: 36 Posted: 11 Dec 2002

Working Paper Series

Dan M. Kahan

Yale University - Law School

Downloads 1,468

37.

The Processes of Constitutional Change: From Partisan Entrenchment to the National Surveillance State

Fordham Law Review, Vol. 75, No. 2, 2006, Yale Law School, Public Law Working Paper No. 120

Number of pages: 46 Posted: 17 Sep 2006

Accepted Paper Series

Jack M. Balkin and Sanford Levinson

Yale University - Law School and University of Texas Law School

Downloads 1,423

38.

Virtual Liberty: Freedom to Design and Freedom to Play in Virtual Worlds

Virginia Law Review, Vol. 90, No. 8, p. 2043, 2004, Yale Law School, Public Law Working Paper No. 74

Number of pages: 56 Posted: 07 Jun 2004

Accepted Paper Series

Jack M. Balkin

Yale University - Law School

Downloads 1,386

39.

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

Jack M. Balkin and Sanford Levinson

Yale University - Law School and University of Texas Law School

Downloads 1,370

40.

The Supreme Court 2010 Term - Foreword: Neutral Principles, Motivated Cognition, and Some Problems for Constitutional Law

Harvard Law Review, Vol. 125, November 2011, Yale Law School, Public Law Working Paper No. 231

Number of pages: 79 Posted: 01 Sep 2011 Last Revised: 16 Apr 2013

Working Paper Series

Dan M. Kahan

Yale University - Law School

Downloads 1,339

41.

Overcoming the Fear of Guns, the Fear of Gun Control, and the Fear of Cultural Politics: Constructing a Better Gun Debate

Emory Law Journal, Vol. 55, 2006, GWU Legal Studies Research Paper No. 2012-58, GWU Law School Public Law Research Paper No. 2012-58

Number of pages: 41 Posted: 11 Jul 2012 Last Revised: 16 Apr 2013

Accepted Paper Series

Donald Braman and Dan M. Kahan

George Washington University - Law School and Yale University - Law School

Downloads 1,282

42.

Conscience Wars: Complicity-Based Conscience Claims in Religion and Politics

Yale Law Journal, Vol. 124, pp. 2516-2591, 2015, Yale Law School, Public Law Research Paper No. 533, UC Irvine School of Law Research Paper No. 2015-20

Number of pages: 76 Posted: 05 Feb 2015 Last Revised: 16 May 2015

Accepted Paper Series

Douglas NeJaime and Reva Siegel

Yale University - Law School and Yale University - Law School

Downloads 1,258

43.

Administrative Segregation, Degrees of Isolation, and Incarceration: A National Overview of State and Federal Correctional Policies

Yale Law School, Public Law Working Paper No. 301

Number of pages: 64 Posted: 01 Jul 2013 Last Revised: 15 Jan 2015

Working Paper Series

Hope Metcalf, Jamelia Morgan, Samuel Oliker-Friedland, Judith Resnik, Julia Spiegel, Haran Tae, Alyssa Roxanne Work and Brian Holbrook

Yale Law School, Independent, Independent, Yale University - Law School, Independent, Yale University - Law School, Independent and Independent

Downloads 1,219

44.

The 'Wildavsky Heuristic': The Cultural Orientation of Mass Political Opinion

Yale Law School, Public Law Working Paper No. 107

Number of pages: 46 Posted: 28 Oct 2005

Working Paper Series

John Gastil, Donald Braman, Dan M. Kahan and Paul Slovic

Pennsylvania State University, George Washington University - Law School, Yale University - Law School and Decision Research

Downloads 1,215

45.

Judicial Review of Executive Policymaking in Advanced Democracies: Beyond Rights Review

Administrative Law Review, Vol. 66, 2014, Yale Law School, Public Law Research Paper No. 499, Yale Law & Economics Research Paper No. 497

Number of pages: 72 Posted: 05 Apr 2014 Last Revised: 25 Apr 2014

Accepted Paper Series

Eduardo Ferreira Jordao and Susan Rose-Ackerman

FGV Direito Rio and Yale Law School

Downloads 1,207

46.

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

Jack M. Balkin and Sanford Levinson

Yale University - Law School and University of Texas Law School

Downloads 1,192

47.

Shooting Down the More Guns, Less Crime Hypothesis

Stanford Law & Econ. Working Paper 247; Stanford Public Law Research Paper 44; Yale Public Law Research Paper 28; Yale Law & Econ. Research Paper 272

Number of pages: 115 Posted: 29 Oct 2002

Working Paper Series

Ian Ayres and John J. Donohue III

Yale University - Yale Law School and Stanford Law School

There are 2 versions of this paper

Downloads 1,161

48.

Is There a Right to Polygamy? Marriage, Equality and Subsidizing Families in Liberal Public Justification

Journal of Moral Philosophy, Vol. 8, No. 2, pp. 246-272, 2011

Number of pages: 27 Posted: 20 Feb 2009 Last Revised: 23 Dec 2011

Accepted Paper Series

Andrew F. March

Edmond J. Safra Center for Ethics, Harvard University

Downloads 1,152

49.

Outcasting: Enforcement in Domestic and International Law

Yale Law Journal, Vol. 121, No. 2, p. 252, 2011, Yale Law School, Public Law Working Paper No. 240

Number of pages: 98 Posted: 02 Nov 2011

Accepted Paper Series

Oona A. Hathaway and Scott J. Shapiro

Yale University - Law School and Yale University - Law School

Downloads 1,116

50.

The Future of Marijuana in the United States

Oregon Law Review, Vol. 91, 2013, Yale Law School, Public Law Working Paper No. 299

Number of pages: 18 Posted: 31 May 2013 Last Revised: 03 Sep 2013

Accepted Paper Series

Steven B. Duke

Yale Law School

Downloads 1,116

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