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Duke Law School Public Law & Legal Theory Research Paper Series

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Viewing: 1 - 50 of 1,443 papers

1.

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
2.

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 21
3.

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 29
4.

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 17
5.

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
6.

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: 02 Feb 2019
Working Paper Series
Duke University School of Law
Downloads 128
7.

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
Downloads 24
8.

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 42
9.

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 269
10.

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 45
11.

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: 77 Posted: 13 Nov 2018 Last Revised: 11 Feb 2019
Accepted Paper Series
Duke University School of Law and The University of Texas at Austin - School of Law
Downloads 209
12.

Dying Constitutionalism and the Fourteenth Amendment

Marquette Law Review, Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2018-63
Number of pages: 24 Posted: 30 Oct 2018
Accepted Paper Series
Duke University School of Law
Downloads 213
13.

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 73
14.

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 66
15.

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 791
16.

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 108
17.

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 52
18.

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 96
19.

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 205
20.

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 80
21.

Systematic Regulation of Systemic Risk

Wisconsin Law Review, Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2018-60
Number of pages: 55 Posted: 17 Aug 2018 Last Revised: 09 Jan 2019
Accepted Paper Series
Duke University School of Law
Downloads 182
22.

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 70
23.

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 543
24.

Populism and International Human Rights Institutions: A Survival Guide

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: 13 Feb 2019
Working Paper Series
Duke University School of Law
Downloads 341
25.

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 130
26.

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 58
27.

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 232
28.

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 40
29.

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 36
30.

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 67
31.

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 79
32.

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 58
33.

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 164
34.

Corporate Governance of SIFI Risk-Taking

Duke Law School Public Law & Legal Theory Series 2018-41
Number of pages: 17 Posted: 14 May 2018 Last Revised: 09 Jul 2018
Working Paper Series
Duke University School of Law
Downloads 60
35.

Symposium Article: The Myth of the Ideal Investor

Duke Law School Public Law & Legal Theory Series 2018-36
Number of pages: 20 Posted: 07 May 2018 Last Revised: 11 Jun 2018
Working Paper Series
Duke University School of Law
Downloads 58
36.

Are Recessions Good for Government Hires? The Effect of Unemployment on Public Sector Human Capital

Duke Law School Public Law & Legal Theory Series 2018-34
Number of pages: 12 Posted: 01 May 2018 Last Revised: 11 Jun 2018
Working Paper Series
Duke University Department of Economics and Duke University School of Law

Multiple version iconThere are 2 versions of this paper

Downloads 28
37.

Securitization Ten Years after the Financial Crisis: An Overview

Boston University Review of Banking and Financial Law (2018 Forthcoming), Duke Law School Public Law & Legal Theory Series 2018-39
Number of pages: 9 Posted: 30 Apr 2018 Last Revised: 11 Jun 2018
Accepted Paper Series
Duke University School of Law
Downloads 228
38.

Empowering the Poor: Turning De Facto Rights into Collateralized Credit

Duke Law School Public Law & Legal Theory Series 2018-38
Number of pages: 46 Posted: 24 Apr 2018 Last Revised: 09 Jan 2019
Working Paper Series
Duke University School of Law
Downloads 108
39.

From Theory to Doctrine: An Empirical Analysis of the Right to Keep and Bear Arms after Heller

Duke Law Journal, Vol. 67, No. 7, 2018, Duke Law School Public Law & Legal Theory Series 2018-35
Number of pages: 77 Posted: 24 Apr 2018 Last Revised: 11 Jun 2018
Accepted Paper Series
New York University School of Law and Duke University School of Law
Downloads 210
40.

What Does Puerto Rican Citizenship Mean for Puerto Rico's Legal Status?

Duke Law School Public Law & Legal Theory Series 2018-37
Number of pages: 10 Posted: 21 Apr 2018 Last Revised: 11 Jun 2018
Working Paper Series
Duke University School of Law and Duke University School of Law
Downloads 37
41.

The Shape of Public-Lands Law and Trump's National Monument Proclamations

Ecology Law Quarterly, Forthcoming, Duke Law School Public Law & Legal Theory Series 2018-33
Number of pages: 37 Posted: 13 Apr 2018 Last Revised: 01 Oct 2018
Accepted Paper Series
Columbia University - Law School
Downloads 134
42.

Prioritarianism: A Response to Critics

Duke Law School Public Law & Legal Theory Series No. 2018-32
Number of pages: 43 Posted: 10 Apr 2018
Working Paper Series
Duke University School of Law and University of Copenhagen
Downloads 96
43.

If We Pay Football Players, Why Not Kidney Donors?

Regulation, Vol. 41, No. 1, Spring 2018, Duke Law School Public Law & Legal Theory Series No. 2018-30
Number of pages: 6 Posted: 27 Mar 2018
Accepted Paper Series
Duke University - Sanford School of Public Policy and Duke University School of Law
Downloads 32
44.

The Hausmann-Gorky Effect

Duke Law School Public Law & Legal Theory Series No. 2018-29
Number of pages: 39 Posted: 16 Mar 2018 Last Revised: 24 Apr 2018
Working Paper Series
Duke University School of Law and Graduate Institute of International and Development Studies (IHEID) - Department of Economics

Multiple version iconThere are 2 versions of this paper

Downloads 30
45.

A Theory of Poverty: Legal Immobility

Washington University Law Review, Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2018-25
Number of pages: 48 Posted: 15 Mar 2018
Accepted Paper Series
Duke University School of Law
Downloads 85
46.

Internationalizing the New Conflict of Laws Restatement

Duke Journal of Comparative & International Law, Vol. 27, No. 3, 2017, UC Irvine School of Law Research Paper No. 2018-15, Duke Law School Public Law & Legal Theory Series No. 2018-28
Number of pages: 12 Posted: 15 Mar 2018
Accepted Paper Series
Duke University School of Law and University of California, Irvine, School of Law
Downloads 54
47.

Race and Representation Revisited: The New Racial Gerrymandering Cases and Section 2 of the VRA

59 William and Mary Law Review ___(2017), Duke Law School Public Law & Legal Theory Series No. 2018-27
Number of pages: 41 Posted: 14 Mar 2018
Accepted Paper Series
Duke University School of Law and Indiana University Maurer School of Law
Downloads 87
48.

State Public-Law Litigation in an Age of Polarization

Texas Law Review, 2018, Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2018-26
Number of pages: 68 Posted: 13 Mar 2018
Accepted Paper Series
Duke University School of Law and Duke University School of Law
Downloads 159
49.

Do Patent Lawsuits Target Invalid Patents

Selection and Decision In The Judicial Process Around The World: Empirical Inquiries (Yun-chien Chang ed., Cambridge University Press 2018 Forthcoming), Duke Law School Public Law & Legal Theory Series No. 2018-24
Number of pages: 31 Posted: 12 Mar 2018 Last Revised: 18 Jun 2018
Accepted Paper Series
Duke University School of Law and The University of Texas at Austin - School of Law
Downloads 43
50.

Why Do Prosecutors Say Anything? The Case of Corporate Crime

96 North Carolina Law Review 823 (2018), Duke Law School Public Law & Legal Theory Series No. 2018-21
Number of pages: 36 Posted: 01 Mar 2018 Last Revised: 28 Mar 2018
Accepted Paper Series
Duke University School of Law
Downloads 55