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Boston University Public Law & Legal Theory Research Paper Series

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1.

The Ninth Amendment: It Means What it Says

Texas Law Review, Vol. 85, No. 1, 2006, Boston Univ. School of Law Working Paper No. 05-14
Number of pages: 83 Posted: 25 Aug 2005
Accepted Paper Series
Georgetown University Law Center
Downloads 3,754
2.

Was the Right to Keep and Bear Arms Conditioned on Service in an Organized Militia?

Boston Univ. School of Law Working Paper No. 03-12, Texas Law Review, Vol. 83, 2004
Number of pages: 42 Posted: 23 Jul 2003 Last Revised: 28 Dec 2007
Accepted Paper Series
Georgetown University Law Center
Downloads 3,302
3.

Scalia's Infidelity: A Critique of Faint-Hearted Originalism

University of Cincinnati Law Review, Vol. 75, No. 7, 2006, Boston University School of Law Working Paper No. 06-01, Georgetown Public Law Research Paper No. 880112
Number of pages: 19 Posted: 01 Feb 2006
Accepted Paper Series
Georgetown University Law Center
Downloads 3,204
4.

The Moral Foundations of Modern Libertarianism

VARIETIES OF CONSERVATISM IN AMERICA, Peter Berkowitz, ed., Hoover Press, 2004
Number of pages: 21 Posted: 10 Aug 2004
Accepted Paper Series
Georgetown University Law Center
Downloads 2,339
5.

Law and Project Finance

Journal of Financial Intermediation, Forthcoming
Number of pages: 45 Posted: 27 Aug 2007 Last Revised: 15 Aug 2014
Accepted Paper Series
Indian School of Business (ISB), Hyderabad and Boston University School of Law
Downloads 2,044
6.

Justice Kennedy's Libertarian Revolution: Lawrence V. Texas

Boston Univ. School of Law Working Paper No. 03-13
Number of pages: 20 Posted: 17 Jul 2003
Working Paper Series
Georgetown University Law Center
Downloads 1,631
7.

Race, Civil Rights, and Immigration Law after September 11, 2001: The Targeting of Arabs and Muslims

New York University Annual Survey of American Law, Vol. 58, 2002
Number of pages: 127 Posted: 17 Jan 2003
Accepted Paper Series
Boston University School of Law and University of California, Davis - School of Law
Downloads 1,617
8.

The Original Meaning of the Judicial Power

Boston Univ. School of Law Working Paper No. 03-18
Number of pages: 23 Posted: 21 Aug 2003
Working Paper Series
Georgetown University Law Center
Downloads 1,589
9.

Indirect Expropriation and its Valuation in the Bit Generation

British Yearbook of International Law, Vol. 75, p. 115, 2004, Boston Univ. School of Law Working Paper No. 06-43
Number of pages: 51 Posted: 09 Nov 2006
Accepted Paper Series
Boston University - School of Law and Yale University - Law School
Downloads 1,567
10.

The Evolution of Debt: Covenants, the Credit Market, and Corporate Governance

The Journal of Corporation Law, Vol. 34, No. 3, p. 641, Spring 2009, CLEA 2008 Meetings Paper, Boston Univ. School of Law Working Paper No. 08-26
Number of pages: 37 Posted: 06 Aug 2008 Last Revised: 21 Aug 2009
Accepted Paper Series
Cornell Law School
Downloads 1,411
11.

The Changing Face of Recognition in International Law: A Case Study of Tibet

Emory International Law Review, Vol. 16, p. 107, 2002, Boston Univ. School of Law Working Paper No. 06-44
Number of pages: 81 Posted: 09 Nov 2006
Accepted Paper Series
Boston University - School of Law
Downloads 1,342
12.

The Imperative of Natural Rights in Today's World

Boston Univ. School of Law Working Paper No. 03-20
Number of pages: 6 Posted: 22 Aug 2003
Working Paper Series
Georgetown University Law Center
Downloads 1,338
13.

The Original Meaning of the Necessary and Proper Clause

University of Pennsylvania Journal of Constitutional Law, Vol. 6, October 2003
Number of pages: 45 Posted: 29 May 2003
Accepted Paper Series
Georgetown University Law Center
Downloads 1,172
14.

The Cost of Conflation: Preserving the Dualism of Jus Ad Bellum and Jus in Bello in the Contemporary Law of War

Yale Journal of International Law, Vol. 34, Boston Univ. School of Law Working Paper No. 08-14
Number of pages: 67 Posted: 08 Apr 2008 Last Revised: 11 Jan 2009
Accepted Paper Series
Boston University - School of Law
Downloads 1,167
15.

Defining Hate Speech

Berkman Klein Center Research Publication No. 2016-20, Boston Univ. School of Law, Public Law Research Paper No. 16-48
Number of pages: 33 Posted: 10 Dec 2016 Last Revised: 10 Jan 2017
Working Paper Series
Boston University School of Law
Downloads 1,085
16.

The Proper Scope of the Police Power

Notre Dame Law Review, Vol. 79
Number of pages: 61 Posted: 21 Aug 2003
Accepted Paper Series
Georgetown University Law Center
Downloads 1,058
17.

Property Rights Systems and the Rule of Law

THE ELGAR COMPANION TO PROPERTY RIGHT ECONOMICS, Enrico Colombatto, ed., Edward Elgar Publications, 2003
Number of pages: 43 Posted: 04 Apr 2003
Accepted Paper Series
Center for the Rule of Law
Downloads 982
18.

Soft Skills - The Importance of Cultivating Emotional Intelligence

AALL Spectrum, January/February 2016, Boston Univ. School of Law, Public Law Research Paper No. 16-06
Number of pages: 5 Posted: 22 Jan 2016
Accepted Paper Series
Boston University School of Law
Downloads 960
19.

Dimensions of Negligence in Criminal and Tort Law

Theoretical Inquiries in Law, Vol. 3, No. 2, July 2002
Number of pages: 58 Posted: 19 Aug 2002
Accepted Paper Series
University of California, Irvine School of Law
Downloads 950
20.

Trends in Private Patent Costs and Rents for Publicly-Traded United States Firms

Boston Univ. School of Law, Public Law Research Paper No. 13-24, Boston Univ. School of Law, Law and Economics Research Paper No. 13-24
Number of pages: 45 Posted: 12 Jun 2013 Last Revised: 22 Mar 2015
Working Paper Series
Technology & Policy Research Initiative, BU School of Law, Fraunhofer Institute for Systems and Innovation Research ISI, University of Georgia - C. Herman and Mary Virginia Terry College of Business - Department of Economics and University of North Carolina (UNC) at Chapel Hill - Department of Economics
Downloads 899
21.

An Originalism for Nonoriginalists

Boston Univ. School of Law Working Paper 99-14
Number of pages: 40 Posted: 12 Apr 2000
Working Paper Series
Georgetown University Law Center
Downloads 866
22.

Women's Place: Urban Planning, Housing Design, and Work-Family Balance

Fordham Law Review, Vol. 76, 2008, Boston Univ. School of Law Working Paper No. 07-12
Number of pages: 56 Posted: 20 Jun 2007 Last Revised: 03 Jan 2014
Accepted Paper Series
Boston University - School of Law
Downloads 865
23.

Trumping Precedent with Original Meaning: Not as Radical as it Sounds

Boston Univ. School of Law Working Paper No. 05-08
Number of pages: 14 Posted: 04 May 2005
Working Paper Series
Georgetown University Law Center
Downloads 860
24.

Third-Party Funding in International Arbitration: The ICCA Queen-Mary Task Force

Austrian Yearbook on International Arbitration, 2015, Forthcoming, Boston Univ. School of Law, Public Law Research Paper No. 14-67, Penn State Law Research Paper No. 42-2014
Number of pages: 11 Posted: 12 Oct 2014 Last Revised: 01 Nov 2014
Accepted Paper Series
Boston University - School of Law and Pennsylvania State University, Penn State Law
Downloads 851
25.

Plausibility Pleading Revisited and Revised: A Comment on Ashcroft v. Iqbal

Notre Dame Law Review, Vol. 85, No. 4, 2010, Boston University School of Law Working Paper No. 09-41
Number of pages: 40 Posted: 22 Sep 2009 Last Revised: 22 Sep 2009
Working Paper Series
University of Texas School of Law
Downloads 808
26.

The Expressive Capacity of International Punishment: the Limits of the National Law Analogy and the Potential of International Criminal Law

Stanford Journal of International Law, Vol. 43, 2007, Columbia Public Law Research Paper No. 06-112, Boston Univ. School of Law Working Paper No. 06-17
Number of pages: 56 Posted: 13 May 2006
Accepted Paper Series
Boston University - School of Law
Downloads 726
27.

The Ethics of Poverty Tourism

Boston Univ. School of Law Working Paper No. 09-29
Number of pages: 23 Posted: 03 Jun 2009 Last Revised: 15 Nov 2010
Working Paper Series
Boston University School of Law and Rochester Institute of Technology - Department of Philosophy
Downloads 715
28.

Constitutional Legitimacy

Boston Univ. School of Law Working Paper 01-19
Number of pages: 50 Posted: 21 Nov 2001
Working Paper Series
Georgetown University Law Center

Multiple version iconThere are 2 versions of this paper

Downloads 714
29.

The Return of the King: The Unsavory Origins of Administrative Law

Texas Law Review, Forthcoming, Boston Univ. School of Law, Public Law Research Paper No. 14-46
Number of pages: 34 Posted: 05 Aug 2014
Accepted Paper Series
Boston University School of Law
Downloads 704
30.

When Should We Prefer Tort Law to Environmental Regulation?

Washburn Law Journal, Vol. 41, No. 3, Pp. 515-534, 2002
Number of pages: 18 Posted: 26 Sep 2001
Accepted Paper Series
Boston University - School of Law
Downloads 703
31.

Transfer Pricing in VAT/GST vs. Direct Taxation: A Paper on the Topic of Relations between Associated Companies

Boston Univ. School of Law Working Paper No. 09-02
Number of pages: 42 Posted: 13 Jan 2009 Last Revised: 18 Jan 2009
Working Paper Series
NYU - Graduate Tax Program
Downloads 683
32.

Breaking the Genuine Link: The Contemporary International Legal Regulation of Nationality

Harvard International Law Journal, Vol. 50, Winter 2009, Boston Univ. School of Law Working Paper No. 08-27
Number of pages: 61 Posted: 05 Sep 2008 Last Revised: 16 Jan 2009
Accepted Paper Series
Boston University - School of Law
Downloads 681
33.

The Common Law and Cyberspace

Boston Univ. School of Law Working Paper No. 01-21
Number of pages: 23 Posted: 03 Dec 2001
Working Paper Series
Boston University School of Law
Downloads 677
34.

Antitrust Intent

Southern California Law Review, Vol. 74
Number of pages: 96 Posted: 28 Aug 2000
Accepted Paper Series
Boston University - School of Law and Center for the Rule of Law
Downloads 675
35.

Open Texture and the Possibility of Legal Interpretation

Boston Univ. School of Law Working Paper No. 99-9
Number of pages: 9 Posted: 18 Apr 2000
Working Paper Series
Boston University
Downloads 668
36.

Fiduciary Duties of Brokers-Advisers-Financial Planners and Money Managers

Boston Univ. School of Law Working Paper No. 09-36
Number of pages: 25 Posted: 12 Aug 2009 Last Revised: 18 Feb 2010
Working Paper Series
Boston University School of Law
Downloads 660
37.

Moral Judgment and Legal Theory

Boston Univ. School of Law Working Paper No. 00-11
Number of pages: 23 Posted: 18 Jan 2001
Working Paper Series
Boston University
Downloads 648
38.

Foreword: What's so Wicked About Lochner?

NYU Journal of Law & Liberty, Vol. 1, No. 1, pp. 1-9
Number of pages: 10 Posted: 12 May 2005
Accepted Paper Series
Georgetown University Law Center
Downloads 647
39.

Towards a Legal History of American Criminal Theory: Culture and Doctrine from Blackstone to the Model Penal Code

Buffalo Criminal Law Review, Vol. 6, No. 2
Number of pages: 143 Posted: 22 Nov 2002
Accepted Paper Series
Boston University School of Law
Downloads 608
40.

Who's Afraid of Unenumerated Rights?

University of Pennsylvania Journal of Constitutional Law, Vol. 9, p. 1, October 2006, Boston Univ. School of Law Working Paper No. 06-02, Georgetown Public Law Research Paper No. 880715
Number of pages: 23 Posted: 03 Feb 2006
Working Paper Series
Georgetown University Law Center
Downloads 592
41.

Plunging Into Endless Difficulties: Medicaid and Coercion in National Federation of Independent Businesses v. Sebelius

93 B.U.L. Rev. 1 (2013), Boston Univ. School of Law, Public Law Research Paper No. 12-40
Number of pages: 89 Posted: 13 Aug 2012 Last Revised: 02 Oct 2015
Accepted Paper Series
Boston University - School of Public Health, University of Georgia School of Law and Boston University School of Law
Downloads 582
42.

Disentangling Mutual Fund Governance from Corporate Governance

Forthcoming, Harvard Business Law Review, Vol. 5, Fall 2015, Boston Univ. School of Law, Law and Economics Research Paper No. 15-18, Boston Univ. School of Law, Public Law Research Paper No. 15-18
Number of pages: 73 Posted: 27 Feb 2015 Last Revised: 13 Jun 2015
Working Paper Series
Boston University - School of Law
Downloads 554
43.

Intelligent Design and the First Amendment: A Response

Washington University Law Quarterly, Forthcoming, Boston Univ. School of Law Working Paper No. 05-16
Number of pages: 33 Posted: 12 Oct 2005
Accepted Paper Series
Boston University School of Law
Downloads 533
44.

Should Access to Medicines and TRIPS Flexibilities Be Limited to Specific Diseases?

American Journal of Law and Medicine, Vol. 34, 2008, Boston Univ. School of Law Working Paper No. 08-06
Number of pages: 22 Posted: 05 Feb 2008 Last Revised: 17 Feb 2014
Accepted Paper Series
Boston University School of Law
Downloads 532
45.

To Encourage Settlement: Rule 68, Offers of Judgment, and the History of the Federal Rules of Civil Procedure

Northwestern University Law Review, Vol. 102, 2008, Boston University School of Law Working Paper No. 08-02
Number of pages: 72 Posted: 09 Jan 2008
Accepted Paper Series
University of Texas School of Law
Downloads 530
46.

The PPACA in Wonderland

American Journal of Law & Medicine, Vol. 38, 2012, Boston Univ. School of Law, Public Law Research Paper No. 12-03
Number of pages: 19 Posted: 19 Jan 2012 Last Revised: 20 Mar 2012
Accepted Paper Series
Boston University School of Law and Independence Institute
Downloads 527
47.

The Public Pension Crisis

Washington & Lee Law Review, Vol. 70, No. 1, Boston Univ. School of Law, Public Law Research Paper No. 12-48
Number of pages: 86 Posted: 18 Aug 2012 Last Revised: 24 Sep 2012
Accepted Paper Series
Boston University School of Law
Downloads 525
48.

Grading Justice Kennedy: A Reply to Professor Carpenter

Minnesota Law Review, Vol. 89, p. 1500, 2005
Number of pages: 8 Posted: 30 Mar 2005
Accepted Paper Series
Georgetown University Law Center
Downloads 518
49.

Mistake of Fact or Mistake of Criminal Law? Explaining and Defending the Distinction

Criminal Law and Philosophy, Vol. 3, 2009, Boston Univ. School of Law Working Paper No. 08-32
Number of pages: 36 Posted: 20 Nov 2008
Accepted Paper Series
University of California, Irvine School of Law
Downloads 502
50.

Poverty Tourism and the Problem of Consent

Journal of Global Ethics, Vol. 7, No. 3, pp. 337-348, Boston Univ. School of Law, Public Law Research Paper No. 11-22
Number of pages: 13 Posted: 01 Jan 2011 Last Revised: 01 Sep 2014
Accepted Paper Series
Michigan State University - Department of Philosophy, Rochester Institute of Technology - Department of Philosophy and Boston University School of Law
Downloads 492