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Duke Law School Public Law & Legal Theory Research Paper Series

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Viewing: 1 - 50 of 1,519 papers

1.

Regulating Derivatives: A Fundamental Rethinking

Number of pages: 58 Posted: 10 Jan 2020 Last Revised: 17 Jan 2020
Working Paper Series
Duke University School of Law
Downloads 25
2.

Fiduciary Duties on the Temporal Edges of Agency Relationships

Arthur B. Laby & Jacob Hall Russell, eds., Fiduciary Obligations in Business (Cambridge Univ. Press, Forthcoming), Duke Law School Public Law & Legal Theory Series No. 2019-85
Number of pages: 37 Posted: 12 Dec 2019
Working Paper Series
Duke University School of Law
Downloads 21
3.

Corporate Restructuring under Relative and Absolute Priority Default Rules: A Comparative Assessment

Duke Law School Public Law & Legal Theory Series No. 2019-84
Number of pages: 50 Posted: 09 Dec 2019
Working Paper Series
Duke University School of Law and Duke University School of Law
Downloads 174
4.

Fair Innings: The Utilitarian and Prioritarian Value of Risk Reduction over a Whole Lifetime

Duke Law School Public Law & Legal Theory Series No. 2019-79
Number of pages: 45 Posted: 09 Dec 2019
Working Paper Series
Duke University School of Law, affiliation not provided to SSRN, Harvard University and University of Toulouse 1 - Toulouse School of Economics (TSE)
Downloads 14
5.

Undeliverable: Suspended Driver's Licenses and the Problem of Notice

UCLA Criminal Justice Law Review, Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2019-80
Number of pages: 18 Posted: 04 Dec 2019
Accepted Paper Series
Duke University School of Law, Duke University School of Law and Duke University School of Law
Downloads 19
6.

Euro Area Sovereign Debt: Restructuring Options

Duke Law School Public Law & Legal Theory Series No. 2019-81
Number of pages: 43 Posted: 25 Nov 2019
Working Paper Series
McGuireWoods LLP, Duke University School of Law and Graduate Institute of International and Development Studies (IHEID) - Department of Economics
Downloads 192
7.

Examining Indenture Trustee Duties

Forthcoming in THE ANATOMY OF FIDUCIARY OBLIGATIONS IN BUSINESS (Cambridge University Press 2020, Arthur Laby & Jacob Russell, eds.)., Duke Law School Public Law & Legal Theory Series No. 2019-83
Number of pages: 28 Posted: 21 Nov 2019
Accepted Paper Series
Duke University School of Law
Downloads 19
8.

New Institutional Economics

Oxford Handbook of New Private Law,Henry Smith et al eds., Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2019-82
Number of pages: 26 Posted: 15 Nov 2019
Working Paper Series
Duke University - School of Law
Downloads 84
9.

Foreword: The October 2018 Term: Leaving Things Undecided—and Non-Partisan—For Now

ACS Supreme Court Review, Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2019-76
Number of pages: 20 Posted: 13 Nov 2019
Accepted Paper Series
Duke University School of Law
Downloads 6
10.

Supreme Court as Superweapon: A Response to Epps & Sitaraman

129 Yale Law Journal Forum 93 (2019), Duke Law School Public Law & Legal Theory Series No. 2019-77
Number of pages: 15 Posted: 12 Nov 2019
Accepted Paper Series
Duke University School of Law
Downloads 123
11.

The Bootstrap Trap

Duke Law Journal, Vol. 67, No. 2, 2017, Duke Law School Public Law & Legal Theory Series No. 2018-15
Number of pages: 79 Posted: 06 Nov 2019
Accepted Paper Series
Duke University School of Law
Downloads 65
12.

The Law of Corporate Investigations and the Global Expansion of Corporate Criminal Enforcement

University of Southern California Law Review (vol. 93, 2020, Forthcoming), NYU School of Law, Public Law Research Paper No. 19-43, NYU Law and Economics Research Paper No. 19-40, Duke Law School Public Law & Legal Theory Series No. 2019-69
Number of pages: 64 Posted: 31 Oct 2019 Last Revised: 13 Nov 2019
Accepted Paper Series
New York University School of Law and Duke University School of Law
Downloads 138
13.

The Well-Intentioned Purpose but Weak Epistemological Foundation of Originalism

Connecticut Law Review, Vol. 51, No. 2, p. 451, 2019, Duke Law School Public Law & Legal Theory Series No. 2019-70
Number of pages: 31 Posted: 24 Oct 2019 Last Revised: 15 Nov 2019
Accepted Paper Series
Duke University School of Law
Downloads 49
14.

Why Did Belgium Pay Leopold's Bonds?

Duke Law School Public Law & Legal Theory Series No. 2019-73
Number of pages: 22 Posted: 22 Oct 2019 Last Revised: 24 Dec 2019
Working Paper Series
Université Libre de Bruxelles - SBS-EM, CEB, Duke University School of Law and Duke University School of Law
Downloads 42
15.

Revising Boilerplate: A Comparison of Private and Public Company Transactions

Columbia Law and Economics Working Paper No. 611, Duke Law School Public Law & Legal Theory Series No. 2019-74, Wisconsin Law Review, Forthcoming
Number of pages: 36 Posted: 21 Oct 2019 Last Revised: 15 Jan 2020
Accepted Paper Series
New York University School of Law, Columbia University - Law School and Duke University School of Law
Downloads 90
16.

The Misunderstood Eleventh Amendment

Duke Law School Public Law & Legal Theory Series No. 2019-75
Number of pages: 52 Posted: 18 Oct 2019
Working Paper Series
University of Chicago - Law School and Duke University School of Law
Downloads 280
17.

Private Equity's Governance Advantage: A Requiem

Boston University Law Review, Vol. 99, No. 3, 2019, Duke Law School Public Law & Legal Theory Series No. 2019-71
Number of pages: 26 Posted: 14 Oct 2019
Accepted Paper Series
Duke University School of Law
Downloads 282
18.

Dirty Thinking about Law & Democracy in Rucho v. Common Cause

Duke Law School Public Law & Legal Theory Series No. 2019-78, Indiana Legal Studies Research Paper
Number of pages: 13 Posted: 14 Oct 2019
Working Paper Series
Duke University School of Law and Indiana University Maurer School of Law
Downloads 57
19.

'Unknown Symbols': Online Legal Research in the Age of Emoji

38 Legal Reference Services Quarterly 155 (2019), Duke Law School Public Law & Legal Theory Series No. 2019-72
Number of pages: 19 Posted: 11 Oct 2019 Last Revised: 22 Dec 2019
Accepted Paper Series
J. Michael Goodson Law Library, Duke University School of Law
Downloads 73
20.

The New Innovation Frontier Revisited: Intellectual Property and the European Court of Human Rights

Intellectual Property and Human Rights, Fourth Edition (Paul L.C. Torremans, ed., Forthcoming) , Duke Law School Public Law & Legal Theory Series No. 2019-68
Number of pages: 53 Posted: 06 Oct 2019
Accepted Paper Series
Duke University School of Law
Downloads 18
21.

Why the Nineteenth Amendment Matters Today: A Guide for the Centennial

Duke Journal of Gender Law & Policy, Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2019-66
Number of pages: 33 Posted: 02 Oct 2019 Last Revised: 16 Jan 2020
Accepted Paper Series
Duke University School of Law
Downloads 142
22.

Contractual Complexity in Debt Agreements: The Case of EBITDA

Duke Law School Public Law & Legal Theory Series No. 2019-67
Number of pages: 40 Posted: 26 Sep 2019
Working Paper Series
University of California, Berkeley - School of Law and Duke University School of Law
Downloads 630
23.

Crisis Construction in Contract Boilerplate

Law and Contemporary Problems, Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2019-65
Number of pages: 47 Posted: 14 Sep 2019
Accepted Paper Series
Duke University School of Law
Downloads 96
24.

Let’s Talk: What FinReg Can Learn from New Governance (And Vice Versa)

Law and Social Inquiry, Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2019-64
Number of pages: 16 Posted: 07 Sep 2019
Working Paper Series
Duke University School of Law
Downloads 33
25.

Applying Sentinel Event Reviews to Policing

Criminology & Public Policy, vol. 18, p. 705, 2019, U of Penn Law School, Public Law Research Paper No. 19-34, Duke Law School Public Law & Legal Theory Series No. 2019-63
Number of pages: 37 Posted: 06 Sep 2019 Last Revised: 30 Sep 2019
Accepted Paper Series
University of Pennsylvania Law School - Quattrone Center for the Fair Administration of Justice and Duke University School of Law
Downloads 31
26.

Federal Forum Provisions and the Internal Affairs Doctrine

U of Michigan Law & Econ Research Paper No. 19-009, U of Michigan Public Law Research Paper No. 646, Duke Law School Public Law & Legal Theory Series No. 2019-58
Number of pages: 41 Posted: 25 Aug 2019 Last Revised: 16 Sep 2019
Working Paper Series
Yale University, Law School, Students, University of Michigan Law School and Duke University School of Law
Downloads 127
27.

Sleeping Giant Contracts

Duke Law School Public Law & Legal Theory Series No. 2019-62, NYU Law and Economics Research Paper No. 19-35
Number of pages: 28 Posted: 25 Aug 2019 Last Revised: 07 Oct 2019
Working Paper Series
Duke University School of Law and New York University School of Law
Downloads 127
28.

Patent Trial and Appeal Board's Consistency-Enhancing Function

Iowa Law Review, Vol. 104, No. 5, 2019, Duke Law School Public Law & Legal Theory Series No. 2019-61
Number of pages: 30 Posted: 24 Aug 2019
Accepted Paper Series
Duke University School of Law and The University of Texas at Austin - School of Law
Downloads 11
29.

Driven to Failure: An Empirical Analysis of Driver's License Suspension in North Carolina

Duke Law School Public Law & Legal Theory Series No. 2019-60, Duke Law Journal, Forthcoming
Number of pages: 52 Posted: 23 Aug 2019 Last Revised: 24 Nov 2019
Accepted Paper Series
Duke University School of Law and Duke University School of Law
Downloads 37
30.

King Leopold's Bonds and the Odious Debts Mystery

Duke Law School Public Law & Legal Theory Series No. 2019-59, Virginia Journal of International Law, 2020
Number of pages: 47 Posted: 21 Aug 2019 Last Revised: 05 Dec 2019
Accepted Paper Series
Duke University School of Law, Duke University School of Law and Université Libre de Bruxelles - SBS-EM, CEB
Downloads 83
31.

The ILO at 100: Institutional Innovation in an Era of Populism

113 AJIL Unbound 396 (2019), Duke Law School Public Law & Legal Theory Series No. 2019-57
Number of pages: 6 Posted: 19 Aug 2019 Last Revised: 12 Dec 2019
Working Paper Series
Duke University School of Law
Downloads 35
32.

Risk and Resources: A Qualitative Perspective on Low-Level Sentencing in Virginia

Journal of Community Psychology 2019; 47: 1476-1492, Virginia Public Law and Legal Theory Research Paper No. 2019-47, Duke Law School Public Law & Legal Theory Series No. 2019-53
Number of pages: 34 Posted: 17 Aug 2019
Accepted Paper Series
University of Lynchburg, University of Virginia School of Law, Duke University School of Law and Masters in Public Health Candidate, University of Virginia School of Medicine; Research Assistant, University of Virginia School of Law
Downloads 21
33.

Judging the Use of Risk Assessment in Sentencing

Judicature, Forthcoming, Virginia Public Law and Legal Theory Research Paper No. 2019-45, Duke Law School Public Law & Legal Theory Series No. 2019-54
Number of pages: 15 Posted: 15 Aug 2019
Accepted Paper Series
Duke University School of Law and University of Virginia School of Law
Downloads 67
34.

Pushback Against Supervisory Systems: Lessons for the ILO from International Human Rights Institutions

ILO100 – LAW FOR SOCIAL JUSTICE 257-278 (George P. Politakis et al. eds. 2019), Duke Law School Public Law & Legal Theory Series No. 2019-55,
Number of pages: 22 Posted: 13 Aug 2019 Last Revised: 14 Dec 2019
Accepted Paper Series
Duke University School of Law
Downloads 54
35.

Judicial Reliance on Risk Assessment in Sentencing Drug and Property Offenders: A Test of the Treatment Resource Hypothesis

Virginia Public Law and Legal Theory Research Paper No. 2019-42, Criminal Justice and Behavior, 2019, Vol. 46, No. 6, June 2019, 799-810, Duke Law School Public Law & Legal Theory Series No. 2019-56
Number of pages: 13 Posted: 13 Aug 2019 Last Revised: 20 Aug 2019
Accepted Paper Series
Duke University School of Law, Duke University School of Law and University of Virginia School of Law
Downloads 29
36.

Nailing the Flag to the Mast – Promises of Super-Priority in Public Debt

Duke Law School Public Law & Legal Theory Series No. 2019-51
Number of pages: 11 Posted: 08 Aug 2019
Accepted Paper Series
Cleary Gottlieb Steen & Hamilton LLP, Duke University School of Law and Center for Contract and Economic Organization
Downloads 40
37.

Regulating Financial Guarantors: Abstraction Bias As a Cause of Excessive Risk-taking

Duke Law School Public Law & Legal Theory Series No. 2019-52
Number of pages: 38 Posted: 07 Aug 2019 Last Revised: 14 Nov 2019
Accepted Paper Series
Duke University School of Law
Downloads 77
38.

Article II Treaties and Signaling Theory

THE RESTATEMENT AND BEYOND: THE PAST, PRESENT, AND FUTURE OF U.S. FOREIGN RELATIONS LAW (Forthcoming 2020) , Duke Law School Public Law & Legal Theory Series No. 2019-49
Number of pages: 36 Posted: 05 Aug 2019 Last Revised: 24 Sep 2019
Working Paper Series
Duke University School of Law
Downloads 59
39.

Federal Criminal Risk Assessment

Cardozo Law Review, Forthcoming , Duke Law School Public Law & Legal Theory Series No. 2019-50
Number of pages: 26 Posted: 24 Jul 2019
Accepted Paper Series
Duke University School of Law
Downloads 100
40.

Proactive Resolution of Sovereign and Subnational Debt

Duke Law School Public Law & Legal Theory Series No. 2019-48
Number of pages: 36 Posted: 10 Jul 2019 Last Revised: 16 Aug 2019
Working Paper Series
Duke University School of Law
Downloads 43
41.

Collective Action in the Wild

The Extended Theory of Conceptual Creativity. Pennisi, Antonio & Alessandra Falzone, editors. (Perspectives in Pragmatics, Philosophy & Psychology). Chapter 6. Springer, 2020., Duke Law School Public Law & Legal Theory Series No. 2019-47
Number of pages: 21 Posted: 08 Jul 2019
Accepted Paper Series
Department of Political Science and Law School, Duke University and Case Western Reserve University - Department of Cognitive Science
Downloads 17
42.

Originalism and the Law of the Past

Law and History Review, Vol. 37, No. 3 (2019), pp. 809-820, Duke Law School Public Law & Legal Theory Series No. 2019-46
Number of pages: 12 Posted: 08 Jul 2019 Last Revised: 12 Aug 2019
Accepted Paper Series
University of Chicago - Law School and Duke University School of Law
Downloads 444
43.

The Shadows of Life: Medicaid's Failure of Health Care's Moral Test

Annals of Health Law, Vol. 28, No. 2, 2019, Duke Law School Public Law & Legal Theory Series No. 2019-45
Number of pages: 33 Posted: 01 Jul 2019
Accepted Paper Series
Duke University - School of Law, Duke University, Students and Harvard University - Medical School
Downloads 67
44.

Box 12, IRS W-2, to the Rescue: The Effect of Transferring Pre-Tax Employer-Sponsored Health Insurance Funds to Employees On After-Tax Income, Federal Income and Payroll Taxes, Health Insurance Premiums, and Health Care Costs

Duke Law School Public Law & Legal Theory Series No. 2019-43
Posted: 26 Jun 2019
Working Paper Series
Harvard University - Business School (HBS) and Duke University - School of Law
45.

Common Ownership and Startup Growth

Duke Law School Public Law & Legal Theory Series No. 2019-42, Georgetown McDonough School of Business Research Paper No. 3406205
Number of pages: 61 Posted: 24 Jun 2019
Working Paper Series
Duke University School of Law, Duke University - Fuqua School of Business and Georgetown University McDonough School of Business
Downloads 227
46.

The Negotiation Class: A Cooperative Approach to Class Actions Involving Large Stakeholders

Duke Law School Public Law & Legal Theory Series No. 2019-41, Harvard Public Law Working Paper No. 19-39
Number of pages: 52 Posted: 20 Jun 2019 Last Revised: 05 Nov 2019
Working Paper Series
Duke University School of Law and Harvard Law School
Downloads 252
47.

North Carolina Medicaid Reform: A Bipartisan Path Forward

Duke Law School Public Law & Legal Theory Series No. 2019-40
Number of pages: 148 Posted: 19 Jun 2019
Working Paper Series
Duke University - School of Law, Duke University School of Law, Duke University - Center for Health Policy, Law and Management, affiliation not provided to SSRN, affiliation not provided to SSRN, affiliation not provided to SSRN and affiliation not provided to SSRN
Downloads 18
48.

The End of Intuition-Based High-Crime Areas

107 California Law Review 345, 2019, Duke Law School Public Law & Legal Theory Series No. 2019-38
Number of pages: 60 Posted: 13 Jun 2019
Accepted Paper Series
Duke University School of Law and Columbia Law School
Downloads 57
49.

Machine Learning at the Patent Office: Lessons for Patents and Administrative Law

Duke Law School Public Law & Legal Theory Series No. 2019-37
Number of pages: 25 Posted: 31 May 2019
Working Paper Series
Duke University School of Law
Downloads 80
50.

Self-Policing: Dissemination and Adoption of Police Eyewitness Policies in Virginia

Virginia Law Review Online, Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2019-36
Number of pages: 15 Posted: 17 May 2019 Last Revised: 12 Jul 2019
Accepted Paper Series
Duke University School of Law
Downloads 62