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Duke Law School Public Law & Legal Theory Research Paper Series

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Viewing: 1 - 50 of 1,459 papers

1.

After the Backlash: A New PRIDE for Transnational Law

Forthcoming, Jessup's Bold Proposal: Critical Engagements with Transnational Law (Peer Zumbansen ed., Cambridge University Press, 2019), Duke Law School Public Law & Legal Theory Series
Number of pages: 16 Posted: 12 Apr 2019
Accepted Paper Series
Duke University School of Law
Downloads 4
2.

Law is Not Enough

Ohio Northern University Law Review, Vol. 45, No. 197, 2019, Duke Law School Public Law & Legal Theory Series
Number of pages: 16 Posted: 11 Apr 2019
Accepted Paper Series
Duke University School of Law
Downloads 11
3.

The Paradox of Delaware's 'Tools at Hand' Doctrine: An Empirical Investigation

Duke Law School Public Law & Legal Theory Series No. 2019-20, Vanderbilt Law Research Paper No. 19-10
Number of pages: 57 Posted: 21 Mar 2019
Accepted Paper Series
Duke University School of Law, New Mexico State University - Department of Finance & Business Law and Vanderbilt University - Law School
Downloads 36
4.

Doctrinal Dynamism, Borrowing, and the Relationship Between Rules and Rights

William & Mary Bill of Rights Journal, 2020, Duke Law School Public Law & Legal Theory Series No. 2019-19
Number of pages: 25 Posted: 10 Mar 2019
Accepted Paper Series
Duke University School of Law and Duke University, School of Law, Students
Downloads 32
5.

Understanding the (Ir)Relevance of Shareholder Votes on M&A Deals

Vanderbilt Law Research Paper No. 19-06 , Duke Law School Public Law & Legal Theory Series No. 2019-12
Number of pages: 71 Posted: 21 Feb 2019 Last Revised: 21 Feb 2019
Working Paper Series
Duke University School of Law, Columbia University and Vanderbilt University - Law School
Downloads 118
6.

United States Constitutional Law: Chapter 1 (Introduction)

United States Constitutional Law, 2019, ISBN: 9781640208018, Duke Law School Public Law & Legal Theory Series No. 2019-23
Number of pages: 17 Posted: 20 Feb 2019
Accepted Paper Series
University of California, Berkeley - School of Law and Duke University School of Law
Downloads 117
7.

Juvenile Life Without Parole in North Carolina

Duke Law School Public Law & Legal Theory Series No. 2019-16
Number of pages: 32 Posted: 19 Feb 2019 Last Revised: 11 Mar 2019
Accepted Paper Series
NC Prisoner Legal Services, Duke University School of Law, Duke University School of Law and Duke University School of Law
Downloads 146
8.

Historical Gloss, Madisonian Liquidation, and the Originalism Debate

Virginia Law Review, Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2019-15
Number of pages: 54 Posted: 19 Feb 2019 Last Revised: 15 Mar 2019
Accepted Paper Series
Duke University School of Law and Duke University School of Law
Downloads 181
9.

WTO Dispute Settlement: Can We Go Back Again?

Brewster, R. (2019). WTO Dispute Settlement: Can We Go Back Again? AJIL Unbound, 113, 61-66. doi:10.1017/aju.2019.4, Duke Law School Public Law & Legal Theory Series No. 2019-9
Number of pages: 6 Posted: 14 Feb 2019
Accepted Paper Series
Duke University School of Law
Downloads 34
10.

The Trump Administration and the Future of the WTO

Yale Journal of International Law Online (2018), Duke Law School Public Law & Legal Theory Series No. 2019-10
Number of pages: 10 Posted: 14 Feb 2019
Accepted Paper Series
Duke University School of Law
Downloads 70
11.

Visiting Judges

California Law Review, Vol. 107, No. 67, 2019, Duke Law School Public Law & Legal Theory Series No. 2019-11
Number of pages: 74 Posted: 14 Feb 2019
Accepted Paper Series
Duke University School of Law
Downloads 170
12.

The Constitutionality of a National Wealth Tax

Indiana Law Journal, Vol. 93, No. 8, 2018, Indiana Legal Studies Research Paper , Duke Law School Public Law & Legal Theory Series No. 2019-18
Number of pages: 29 Posted: 13 Feb 2019
Accepted Paper Series
Indiana University Maurer School of Law and Duke University School of Law
Downloads 84
13.

Fraud

The Palgrave Handbook of Applied Ethics and Criminal Law (K. Ferzan & L. Alexander eds. 2019), Duke Law School Public Law & Legal Theory Series No. 2019-17
Posted: 11 Feb 2019
Accepted Paper Series
Duke University School of Law
14.

Does Treasury Have Authority to Index Basis for Inflation

Duke Law School Public Law & Legal Theory Series
Number of pages: 5 Posted: 08 Feb 2019
Working Paper Series
Duke University School of Law
Downloads 3
15.

Grounding Originalism

Northwestern University Law Review, vol. 113, p. 1455, Duke Law School Public Law & Legal Theory Series No. 2019-22
Number of pages: 38 Posted: 05 Feb 2019 Last Revised: 23 Apr 2019
Accepted Paper Series
University of Chicago - Law School and Duke University School of Law
Downloads 383
16.

Is There a First-Drafter Advantage in M&A?

Duke Law School Public Law & Legal Theory Series No. 2019-21
Number of pages: 84 Posted: 29 Jan 2019
Accepted Paper Series
University of California, Berkeley - School of Law and Duke University School of Law
Downloads 215
17.

Free Speech and Justified True Belief

Duke Law School Public Law & Legal Theory Series No. 2019-6
Number of pages: 59 Posted: 25 Jan 2019
Working Paper Series
Duke University School of Law
Downloads 43
18.

Wealth, Equal Protection, and Due Process

William & Mary Law Review, Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2019-14
Number of pages: 42 Posted: 19 Jan 2019 Last Revised: 14 Mar 2019
Accepted Paper Series
Duke University School of Law
Downloads 144
19.

Transferable Sovereignty

Duke Law School Public Law & Legal Theory Series No. 2019-4
Number of pages: 58 Posted: 08 Jan 2019
Working Paper Series
Duke University School of Law and Duke University School of Law
Downloads 47
20.

Disuniformity of Federal Constitutional Rights

University of Illinois Law Review, Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2019-3
Number of pages: 22 Posted: 07 Jan 2019
Accepted Paper Series
Duke University School of Law
Downloads 30
21.

Kidneys Without Money

Journal of Institutional and Theoretical Economics JITE; DOI: 10.1628/jite-2019-0003, Duke Law School Public Law & Legal Theory Series No. 2019-2
Posted: 07 Jan 2019
Working Paper Series
Duke University School of Law
22.

Soft Law as Governing Law

Duke Law School Public Law & Legal Theory Series Paper No. 2019-8
Number of pages: 42 Posted: 28 Dec 2018 Last Revised: 28 Feb 2019
Working Paper Series
Duke University School of Law
Downloads 154
23.

The Misguided Attack on Common Ownership

Harvard Public Law Working Paper No. 19-10, Duke Law School Public Law & Legal Theory Series
Number of pages: 11 Posted: 11 Dec 2018 Last Revised: 01 Apr 2019
Working Paper Series
Harvard Law School and Boston University - School of Law
Downloads 258
24.

Promoting Competition in Healthcare Enforcement and Policy: Framing an Active Competition Agenda

American Antitrust Institute, Competition in the Delivery and Payment of Healthcare Services, Economic Research Initiatives at Duke (ERID) Working Paper , Duke Law School Public Law & Legal Theory Series Paper No. 2019-7
Number of pages: 19 Posted: 08 Dec 2018
Working Paper Series
UC Hastings College of the Law and Duke University - School of Law

Multiple version iconThere are 2 versions of this paper

Downloads 36
25.

The Positive Second Amendment: Rights, Regulation, and the Future of Heller (Introduction)

The Positive Second Amendment: Rights, Regulation, and the Future of Heller (Cambridge University Press 2018), Duke Law School Public Law & Legal Theory Series No. 2019-5
Number of pages: 16 Posted: 28 Nov 2018
Accepted Paper Series
Duke University School of Law and Duke University School of Law
Downloads 55
26.

Theorizing the Judicialization of International Relations

iCourts Working Paper Series, Duke Law School Public Law & Legal Theory Series No. 2018-61
Number of pages: 40 Posted: 20 Nov 2018
Working Paper Series
Northwestern University - Department of Political Science, UCSD School of Global Policy and Strategy and Duke University School of Law
Downloads 302
27.

Conclusion—Closing Perspectives on Regulating Systemic Risk

Systemic Risk in the Financial Sector: Ten Years After the Great Crash, Forthcoming Fall 2019, Duke Law School Public Law & Legal Theory Series No. 2019-1
Number of pages: 23 Posted: 14 Nov 2018
Accepted Paper Series
Duke University School of Law
Downloads 62
28.

Irrational Ignorance at the Patent Office

Vanderbilt Law Review, Vol. 72, 2019, Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2018-64
Number of pages: 76 Posted: 13 Nov 2018 Last Revised: 23 Mar 2019
Accepted Paper Series
Duke University School of Law and The University of Texas at Austin - School of Law
Downloads 311
29.

Dying Constitutionalism and the Fourteenth Amendment

Marquette Law Review, Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2018-63
Number of pages: 30 Posted: 30 Oct 2018 Last Revised: 08 Apr 2019
Accepted Paper Series
Duke University School of Law
Downloads 221
30.

Erie As a Way of Life

Akron Law Review, Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2018-62
Number of pages: 16 Posted: 30 Oct 2018
Accepted Paper Series
Duke University School of Law
Downloads 75
31.

Maduro Bonds

Duke Law School Public Law & Legal Theory Series No. 2018-56
Number of pages: 28 Posted: 09 Oct 2018
Working Paper Series
Duke University School of Law and Graduate Institute of International and Development Studies (IHEID) - Department of Economics
Downloads 99
32.

Sovereign Debt Restructuring and U.S. Executive Power (Reestructuración de Deuda Soberana y el Poder Ejecutivo Norteamericano)

Capital Markets Law Journal (Forthcoming), Duke Law School Public Law & Legal Theory Series No. 2018-55
Number of pages: 49 Posted: 03 Oct 2018 Last Revised: 01 Nov 2018
Accepted Paper Series
Cleary Gottlieb Steen & Hamilton LLP - New York Office and Duke University School of Law
Downloads 963
33.

The NCAA and the IRS: Life at the Intersection of College Sports and the Federal Income Tax

Southern California Law Review, Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2018-59
Number of pages: 91 Posted: 03 Oct 2018
Accepted Paper Series
Duke University School of Law and Duke University School of Law
Downloads 122
34.

How Asian Should Asian Law Be? – An Outsider’s View

Forthcoming, Convergence of Commercial Laws in Asia: Methods and Drivers edited by Gary Low and Maartje de Visser, Cambridge University Press, Duke Law School Public Law & Legal Theory Series No. 2018-58
Number of pages: 29 Posted: 18 Sep 2018
Accepted Paper Series
Duke University School of Law
Downloads 56
35.

Private International Law As an Ethic of Responsivity

Forthcoming, Diversity and Integration in Private International Law (Veronica Ruiz Abou-Nigm & Maria Blanca Noodt Taquela eds, Edinburgh University Press, 2019), Duke Law School Public Law & Legal Theory Series No. 2018=57
Number of pages: 29 Posted: 18 Sep 2018
Accepted Paper Series
Duke University School of Law
Downloads 109
36.

Judicial Intervention As Judicial Restraint

Harvard Law Review, Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2018-53
Number of pages: 55 Posted: 08 Sep 2018
Accepted Paper Series
Duke University School of Law and Indiana University Maurer School of Law
Downloads 218
37.

Revolving Elites: The Unexplored Risk of Capturing the SEC

Vanderbilt Law Research Paper No. 18-43, Duke Law School Public Law & Legal Theory Series No. 2018-54
Number of pages: 81 Posted: 06 Sep 2018
Working Paper Series
Duke University School of Law and Vanderbilt University - Law School
Downloads 88
38.

Systematic Regulation of Systemic Risk

Wisconsin Law Review, Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2018-60
Number of pages: 53 Posted: 17 Aug 2018 Last Revised: 11 Apr 2019
Accepted Paper Series
Duke University School of Law
Downloads 240
39.

Building a New Rationality from the New Cognitive Neuroscience

in Riccardo Viale and Konstantinos Katsikopoulos (eds.) Handbook on Bounded Rationality, Routledge Publishing House (Forthcoming), Duke Law School Public Law & Legal Theory Series No. 2018-52
Number of pages: 20 Posted: 03 Aug 2018
Accepted Paper Series
The Palate App Corporation, Department of Political Science and Law School, Duke University and Case Western Reserve University - Department of Cognitive Science
Downloads 78
40.

Beyond the Bosses’ Constitution: Toward a Democratic First Amendment

Columbia Law Review, Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2018-49
Number of pages: 26 Posted: 25 Jul 2018 Last Revised: 30 Oct 2018
Accepted Paper Series
Columbia University - Law School
Downloads 553
41.

Populism and International Human Rights Institutions: A Survival Guide

Human Rights in a Time of Populism: Challenges and Responses (Gerald L. Neuman, ed. 2019 Forthcoming), iCourts Working Paper Series, No. 133, 2018, Duke Law School Public Law & Legal Theory Series No. 2018-50
Number of pages: 29 Posted: 10 Jul 2018 Last Revised: 28 Feb 2019
Working Paper Series
Duke University School of Law
Downloads 404
42.

Hidden Holdouts: Contract Arbitrageurs and the Pricing of Collective Rights

Columbia Law and Economics Working Paper No. 586, NYU Law and Economics Research Paper No. 18-27, Duke Law School Public Law & Legal Theory Series No. 2018-51
Number of pages: 55 Posted: 09 Jul 2018 Last Revised: 03 Feb 2019
Working Paper Series
Columbia University - Law School, Duke University School of Law and New York University School of Law
Downloads 141
43.

Consolidation in Provider and Insurer Markets: Enforcement Issues and Priorities

Duke Law School Public Law & Legal Theory Series No. 2018-48
Number of pages: 22 Posted: 28 Jun 2018
Working Paper Series
UC Hastings College of the Law and Duke University - School of Law
Downloads 62
44.

Cash America and the Structure of Bondholder Remedies

Duke Law School Public Law & Legal Theory Series No. 2018-44, NYU Law and Economics Research Paper No. 18-25
Number of pages: 26 Posted: 26 Jun 2018 Last Revised: 01 Aug 2018
Working Paper Series
Duke University School of Law and New York University School of Law
Downloads 253
45.

Paper Tigers: Or How Much Will Courts Protect Rights in a Financial Crisis?

Duke Law School Public Law & Legal Theory Series No. 2018-45
Number of pages: 21 Posted: 25 Jun 2018
Working Paper Series
Duke University School of Law and Duke University - Department of Political Science
Downloads 41
46.

Public Contracting for Private Innovation: Government Expertise, Decision Rights, and Performance Outcomes

Duke Law School Public Law & Legal Theory Series No. 2018-46
Number of pages: 71 Posted: 25 Jun 2018
Working Paper Series
Duke University, Duke University School of Law and University of Toronto - Rotman School of Management

Multiple version iconThere are 2 versions of this paper

Downloads 40
47.

Seeking an Objective for Regulating Insider Trading Through Texas Gulf Sulphur

Duke Law School Public Law & Legal Theory Series No. 2018-47
Number of pages: 26 Posted: 18 Jun 2018
Working Paper Series
Duke University School of Law
Downloads 68
48.

Will Delaware Be Different? An Empirical Study of TC Heartland and the Shift to Defendant Choice of Venue

104 Cornell Law Review 101 (2018), Duke Law School Public Law & Legal Theory Series No. 2018-43
Number of pages: 64 Posted: 10 Jun 2018 Last Revised: 27 Jan 2019
Working Paper Series
Duke University School of Law and Georgetown University Law Center
Downloads 84
49.

Sovereign Bond Contracts: Flaws in the Public Data?

Duke Law School Public Law & Legal Theory Paper No. 2018-42, UNC Legal Studies Research Paper
Number of pages: 28 Posted: 06 Jun 2018 Last Revised: 06 Sep 2018
Working Paper Series
Duke University School of Law, Duke University School of Law and University of North Carolina School of Law
Downloads 61
50.

Precedent and the Semblance of Law

Constitutional Commentary, Vol. 33, p. 417 (2018), Duke Law School Public Law & Legal Theory Series No. 2018-40
Number of pages: 20 Posted: 22 May 2018 Last Revised: 13 Nov 2018
Accepted Paper Series
Duke University School of Law
Downloads 173