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Boston University Public Law & Legal Theory Research Paper Series

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1.

Rising Confusion About 'Arising Under' Jurisdiction in Patent Cases

Emory Law Journal, Vol. 69, Forthcoming
Number of pages: 76 Posted: 05 Apr 2019
Accepted Paper Series
Boston University School of Law
Downloads 16
2.

A Study on Immigrant Activism, Secure Communities, and Rawlsian Civil Disobedience

Marquette Law Review, Vol. 100, No. 2, 2016, Boston Univ. School of Law, Public Law Research Paper No. 19-4 (2019)
Number of pages: 62 Posted: 08 Mar 2019
Accepted Paper Series
Boston University - School of Law
Downloads 3
3.

LA LIBERTA’ DI RELIGIONE NELLA COSTITUZIONE ALBANESE (The Freedom of Religion in the Albanian Constitution)

"Ricerche di Diritto Comparatto, Diritto Ecclesiastico e Diritti Umani"; Collana diretta da Giovanni Cimbalo, Bononia University Press, This paper is presented at the Conference “L’Albania nell”unione Europea tra tradizione e sviluppo della liberta religiosa”, organized by University of Bolonja, Ravenna, 22-23 February, 2016,
Number of pages: 10 Posted: 18 Jan 2019
Accepted Paper Series
University of Tirana - Faculty of Law
Downloads 6
4.

Byrd v United States: Unauthorized Drivers of Rental Cars Have Fourth Amendment Rights? Not as Evident as it Seems

Forthcoming 2019 Volume of the Supreme Court Review, Boston Univ. School of Law, Public Law Research Paper No. 19-1
Number of pages: 60 Posted: 18 Jan 2019 Last Revised: 21 Mar 2019
Working Paper Series
Boston University - School of Law
Downloads 30
5.

Micro Essay: Researching Foreign Law in a Bunch of Common Law Jurisdictions just Got WAY Easier!

26 PERSPECTIVES: TEACHING LEGAL RESEARCH AND WRITING 32, (Spring 2018), Boston Univ. School of Law, Public Law Research Paper No. 18-24
Posted: 16 Oct 2018
Working Paper Series
Boston University School of Law
6.

Prejudice, Moral Progress, and Being 'On the Right Side of History': Reflections on Loving v. Virginia at Fifty

86 Fordham Law Review 2701 (2018), Boston Univ. School of Law, Public Law Research Paper No. 18-22
Number of pages: 16 Posted: 17 Sep 2018
Accepted Paper Series
Boston University - School of Law
Downloads 61
7.

Testimony Before the United States Senate Committee on the Judiciary on the Nomination of Brett Kavanaugh for Associate Justice of the U.S. Supreme Court

Boston Univ. School of Law, Public Law Research Paper No. 18-23
Number of pages: 10 Posted: 14 Sep 2018 Last Revised: 16 Sep 2018
Working Paper Series
Boston University - School of Law
Downloads 34
8.

Taming Title IX Tensions

University of Pennsylvania Journal of Constitutional Law 20 U. Pa. J. Const. L. 631 (2018), Boston Univ. School of Law, Public Law Research Paper No. 18-21
Number of pages: 46 Posted: 11 Sep 2018 Last Revised: 26 Feb 2019
Accepted Paper Series
Boston University - School of Law
Downloads 17
9.

Formative Projects, Formative Influences: Of Martha Albertson Fineman and Feminist, Liberal, and Vulnerable Subjects

Emory Law Journal, Vol. 67, No. 1175, 2018, Boston Univ. School of Law, Public Law Research Paper No. 2018-20
Number of pages: 32 Posted: 11 Sep 2018
Accepted Paper Series
Boston University - School of Law
Downloads 42
10.

The Rise of Fiduciary Law

Boston Univ. School of Law, Public Law Research Paper No. 18-18
Number of pages: 12 Posted: 27 Aug 2018
Working Paper Series
Boston University School of Law
Downloads 232
11.

Martin Luther King Jr. And Pretext Stops (and Arrests): Reflections on How Far We Have Not Come Fifty Years Later

University of Memphis Law Review, Vol. 49, June 2018, Boston Univ. School of Law, Public Law Research Paper No. 18-12
Number of pages: 35 Posted: 28 Jun 2018 Last Revised: 24 Jan 2019
Working Paper Series
Boston University - School of Law and Boston University - School of Law
Downloads 54
12.

Bureaucratic Resistance and the National Security State

104 Iowa L. Rev. 139 (2018)
Number of pages: 83 Posted: 16 Jun 2018 Last Revised: 04 Dec 2018
Accepted Paper Series
Boston University - School of Law
Downloads 217
13.

The New Health Care Federalism on the Ground

Indiana Health Law Review, Vol. 15, p. 1 (2018), Yale Law School, Public Law Research Paper No. 639, Boston Univ. School of Law, Public Law Research Paper
Number of pages: 21 Posted: 29 May 2018
Accepted Paper Series
Yale University - Law School and Boston University - School of Public Health
Downloads 33
14.

The Procedure of Patent Eligibility

Texas Law Review, Vol. 97, p. 571, 2019, Boston Univ. School of Law, Public Law Research Paper
Number of pages: 73 Posted: 26 Apr 2018 Last Revised: 21 Feb 2019
Accepted Paper Series
Boston University School of Law
Downloads 89
15.

The Fundamental Building Blocks of Social Relations Regarding Resources: Hohfeld in Europe and Beyond

The Legacy of Wesley Hohfeld: Edited Major Works, Select Personal Papers, and Original Commentaries, Shyamkrishna Balganesh, Ted Sichelman & Henry E. Smith, eds., Cambridge University Press, Forthcoming, Boston Univ. School of Law, Public Law Research Paper No. 18-07
Number of pages: 31 Posted: 27 Mar 2018 Last Revised: 07 Mar 2019
Accepted Paper Series
Boston University - School of Law and University of California, Berkeley - School of Law
Downloads 59
16.

The Rhetoric of Bigotry and Conscience in Battles Over 'Religious Liberty v. LGBT Rights'

Religious Freedom, LGBT Rights, and the Prospects for Common Ground (William S. Eskridge, Jr. & Robin Fretwell Wilson, eds., Cambridge University Press, Forthcoming), Boston Univ. School of Law, Public Law Research Paper No. 18-05
Number of pages: 19 Posted: 21 Mar 2018
Accepted Paper Series
Boston University - School of Law
Downloads 113
17.

Excavating Race-Based Disadvantage Among Class-Privileged People of Color

Harvard Civil Rights - Civil Liberties Law Review (CR-CL), 2018 (Forthcoming), Boston Univ. School of Law, Public Law Research Paper No. 18-04
Number of pages: 66 Posted: 20 Mar 2018 Last Revised: 20 Apr 2018
Accepted Paper Series
Boston University - School of Law
Downloads 121
18.

Constitutional Law and Regionalism: A Comparative Analysis of Regionalist Negotiations

Constitutional Law and Regionalism: A Comparative Analysis of Regionalist Negotiations, Edward Elgar, Northampton, US, 2018 , ISBN: 978178347 0129
Posted: 27 Feb 2018
Accepted Paper Series
USQ School of Law and Justice
19.

Appointments and Illegal Adjudication: The AIA Through a Constitutional Lens

George Mason Law Review, Forthcoming, Boston Univ. School of Law, Public Law Research Paper No. 18-01
Number of pages: 54 Posted: 22 Jan 2018
Accepted Paper Series
Boston University School of Law
Downloads 263
20.

Using the Anglo-American Respondeat Superior Principle to Assign Responsibility for Worker Statutory Benefits and Protections

Boston Univ. School of Law, Public Law Research Paper
Number of pages: 85 Posted: 13 Nov 2017
Working Paper Series
Boston University - School of Law
Downloads 31
21.

Restating Intentional Torts: Problems of Process and Substance in the ALI's Third Restatement of Torts

10 J. Tort Law ____ (2017), Boston Univ. School of Law, Public Law Research Paper No. 17-44
Number of pages: 32 Posted: 26 Oct 2017
Accepted Paper Series
Boston University School of Law
Downloads 75
22.

Confronting Crawford: Justice Scalia, the Judicial Method, and the Limits(?) of Originalism

University of Chicago Law Review, Forthcoming, Boston Univ. School of Law, Public Law Research Paper No. 17-42
Number of pages: 29 Posted: 02 Oct 2017
Accepted Paper Series
Boston University School of Law
Downloads 172
23.

The Arbitrator's Jurisdiction to Determine Jurisdiction

13 ICCA Congress Series 55 (Permanent Court of Arbitration, The Hague, 2007), Boston Univ. School of Law, Public Law Research Paper No. 17-33
Number of pages: 158 Posted: 29 Aug 2017
Accepted Paper Series
Boston University - School of Law
Downloads 177
24.

Tallinn, Hacking, and Customary International Law

Ahmed Ghappour, Tallinn, Hacking, and Customary International Law, 111 AJIL Unbound 224 (2017)., Boston Univ. School of Law, Public Law Research Paper
Number of pages: 5 Posted: 24 Aug 2017
Accepted Paper Series
Boston University - School of Law
Downloads 90
25.

The Four Musketeers of Arbitral Duty (Les Devoirs De L’Arbitre: Ni Un Pour Tous, Ni Tous Pour Un)

2001 Cahiers de l'Arbitrage 13 (2011), revised 8 Revista de Arbitragem E Mediação 117 (A. Wald, São Paulo, 2011), adapted The Four Musketeers of Arbitral Duty, in 8 ICC Dossiers 25 (ICC Institute of World Business Law 2011), Boston Univ. School of Law, Public Law Research Paper No. 17-28,
Number of pages: 18 Posted: 19 Aug 2017
Accepted Paper Series
Boston University - School of Law
Downloads 23
26.

Arbitration in Autumn

2 J. Int'l Dispute Settlement 3 (2011), adapted as Maturity in Arbitration, 26 ICSID Review/Foreign Investment Law J. 1 (2011), Boston Univ. School of Law, Public Law Research Paper No. 17-29
Number of pages: 44 Posted: 19 Aug 2017
Accepted Paper Series
Boston University - School of Law
Downloads 30
27.

Rectitude in International Arbitration

adapted as Rectitude in International Arbitration, 27 Arb. Int’l 473 (2011) , adapted in The Backlash Against Investment Arbitration: Perceptions and Reality 189 (Michael Waibel, Asha Kaushal, Kyo-Hwa Liz Chung, Claire Balchin, 2010), 46 San Diego Law Review 629 (2009), Boston Univ. School of Law, Public Law Research Paper No. 17-30,
Number of pages: 85 Posted: 19 Aug 2017
Accepted Paper Series
Boston University - School of Law
Downloads 28
28.

Arbitrators and Accuracy

reprinted with Epilogue as Truth-Seeking in International Arbitration, in The Search for “Truth” in Arbitration 1(M. Wirth, C. Rouvinez & J. Knoll, eds., 2011), Association Suisse de l’Arbitrage Special Series No. 35, adapted as Truth and Efficiency in Looking to the Future, Essays in Honor of Michael Reisman 753 (M. Arsanjani, J. Katz Cogan, R. Sloane & S. Wiessner, eds. 2011), 1 J. Int'l Dispute Settlement 25 (2010), Boston Univ. School of Law, Public Law Research Paper No. 17-31,
Number of pages: 29 Posted: 19 Aug 2017
Accepted Paper Series
Boston University - School of Law
Downloads 31
29.

Arbitrability and Tax

Arbitrability: International and comparative Perspectives 179 (L. Mistelis & S. Brekoulakis, eds., 2008), Boston Univ. School of Law, Public Law Research Paper No. 17-32
Number of pages: 28 Posted: 19 Aug 2017
Accepted Paper Series
Boston University - School of Law
Downloads 145
30.

The Nature of Arbitral Authority: A Comment on Lesotho Highlands

21 Arb. Int'l 483 (2005), Boston Univ. School of Law, Public Law Research Paper No. 17-34
Number of pages: 15 Posted: 19 Aug 2017
Accepted Paper Series
Boston University - School of Law
Downloads 15
31.

The Good Arbitrator

10 LCIA News 2008 (August 2005), Boston Univ. School of Law, Public Law Research Paper No. 17-35
Number of pages: 6 Posted: 19 Aug 2017
Accepted Paper Series
Boston University - School of Law
Downloads 25
32.

The New Face of Investment Arbitration

1 Revista del Circulo Peruano de Arbitraje 41 (2006), reprinted 19 Int’l Arb. Rep. 39 (Jan. 2004), 28 Yale J. Int’l L. 365 (2003), with Guillermo Aguilar Alvarez, International Commercial Arbitration: Important Contemporary Questions 392 (ICCA Congress Series No. 11, A.J. van den Berg ed. 2003) , Boston Univ. School of Law, Public Law Research Paper No. 17-36,
Number of pages: 67 Posted: 19 Aug 2017
Accepted Paper Series
Independent and Boston University - School of Law
Downloads 34
33.

Amending the Federal Arbitration Act

Adapted as 'The Specificity of International Arbitration: The Case for FAA Reform', 36 VANDERBILT J. TRANSNATIONAL L. 1241 (2003), Boston Univ. School of Law, Public Law Research Paper No. 17-37
Number of pages: 70 Posted: 19 Aug 2017
Accepted Paper Series
Boston University - School of Law
Downloads 26
34.

Non-Signatories and International Contracts: An Arbitrator's Dilemma

2 Dispute Res. Int'l 84 (2008), Multiple Party Actions in International Arbitration 3 (Permanent Court of Arbitration, 2009), Extending the Arbitration Agreement to Non-Signatories, ch. 4 Int’l Commercial Arb. Practice: 21st Century Perspectives (H. Grigera Naón & P. Mason eds. 2010; 2d Ed. 2013), Adapted from Non-Signatories and International Arbitration, in Leading Arbitrators' Guide to International Arbitration 707 (L. Newman & R. Hill, 3d Ed. 2014), Boston Univ. School of Law, Public Law Research Paper No. 17-27,
Number of pages: 44 Posted: 16 Aug 2017
Accepted Paper Series
Boston University - School of Law
Downloads 131
35.

Soft Law and Transnational Standards in Arbitration: The Challenge of Res Judicata

Contemporary Issues in International Arbitration 52 (The 2015 Fordham Papers, A. Rovine, ed., 2017), Boston Univ. School of Law, Public Law Research Paper No. 17-26
Number of pages: 22 Posted: 16 Aug 2017
Accepted Paper Series
Boston University - School of Law
Downloads 266
36.

Arbitration and Fine Dining

Festschrift für Pierre Karrer (2017), Boston Univ. School of Law, Public Law Research Paper No. 17-25,
Number of pages: 26 Posted: 16 Aug 2017
Accepted Paper Series
Boston University - School of Law
Downloads 19
37.

Rules and Reliability: How Arbitrators Decide Cases

The Roles of Psychology in International Arbitration 3 (Kluwer Arbitration Series, Tony Cole ed., 2017), Boston Univ. School of Law, Public Law Research Paper No. 17-38
Number of pages: 23 Posted: 16 Aug 2017
Accepted Paper Series
Boston University - School of Law
Downloads 88
38.

Representative/Senator Trump?

21 Chapman Law Review — (Forthcoming), Boston Univ. School of Law, Public Law Research Paper No. 17-39,
Number of pages: 29 Posted: 14 Aug 2017
Accepted Paper Series
Boston University School of Law
Downloads 56
39.

Can a Court Change the Law by Saying Nothing?

Vanderbilt Law Review, Vol. 71, p. 765, 2018, Stanford Public Law Working Paper, Boston Univ. School of Law, Public Law Research Paper
Number of pages: 56 Posted: 10 Aug 2017 Last Revised: 14 May 2018
Accepted Paper Series
Boston University School of Law and Stanford Law School
Downloads 396
40.

Interpretation Catalysts in Cyberspace

95 Texas Law Review 1531 (2017), Boston Univ. School of Law, Public Law Research Paper No. 17-24
Number of pages: 26 Posted: 27 Jul 2017 Last Revised: 21 Aug 2017
Accepted Paper Series
Boston University - School of Law
Downloads 87
41.

Take the Fifth... Please!: The Original Insignificance of the Fifth Amendment's Due Process of Law Clause

Brigham Young University Law Review, Forthcoming, Boston Univ. School of Law, Public Law Research Paper No. 17-21
Number of pages: 61 Posted: 11 Jul 2017
Accepted Paper Series
Boston University School of Law
Downloads 144
42.

Introduction, The Poverty of Privacy Rights

Bridges, Khiara M. The Poverty of Privacy Rights. Stanford University Press. June 2017. , Boston Univ. School of Law, Public Law Research Paper No. 17-19
Number of pages: 12 Posted: 13 Jun 2017
Accepted Paper Series
Boston University - School of Law
Downloads 163
43.

Contents and Chapter Abstracts, The Poverty of Privacy Rights

Bridges, Khiara M., The Poverty of Privacy Rights. Stanford University Press. June 2017., Boston Univ. School of Law, Public Law Research Paper No. 17-20
Number of pages: 3 Posted: 13 Jun 2017
Accepted Paper Series
Boston University - School of Law
Downloads 26
44.

The Prophylactic Fifth Amendment

Boston University Law Review, Vol. 97, Forthcoming, Boston Univ. School of Law, Public Law Research Paper No. 17-14
Number of pages: 39 Posted: 09 May 2017
Accepted Paper Series
Boston University - School of Law
Downloads 76
45.

How Much Has the Supreme Court Changed Patent Law?

Chicago-Kent Journal of Intellectual Property, Vol. 16, p. 330, 2017, Boston Univ. School of Law, Public Law Research Paper No. 17-16
Number of pages: 23 Posted: 05 May 2017 Last Revised: 13 May 2017
Accepted Paper Series
Boston University School of Law
Downloads 88
46.

The Intersection of Civil and Religious Family Law in the U.S. Constitutional Order: A Mild Legal Pluralism

Religion, Secularism & Constitutional Democracy (Jean L Cohen and Cécile Laborde, Columbia University Press 2016), pp. 379-399., Boston Univ. School of Law, Public Law Research Paper No. 17-13,
Number of pages: 26 Posted: 02 May 2017 Last Revised: 15 May 2017
Accepted Paper Series
Boston University - School of Law
Downloads 74
47.

Reading Deboer and Obergefell through The ‘Moral Readings versus Originalisms’ Debate: From Constitutional ‘Empty Cupboards’ to Evolving Understandings

31 Constitutional Commentary 441 (2016), 11 Problema: Anuario de Filosofía y Teoria del Derecho 85-130 (Dec. 2017) , Boston Univ. School of Law, Public Law Research Paper No. 17-12,
Number of pages: 44 Posted: 02 May 2017
Accepted Paper Series
Boston University - School of Law
Downloads 49
48.

Copyright Owners' Putative Interests in Privacy, Reputation, and Control: A Reply to Goold

103 Va. L. Rev. Online, 2017, Forthcoming, Boston Univ. School of Law, Public Law Research Paper No. 17-11
Number of pages: 24 Posted: 26 Apr 2017 Last Revised: 16 May 2017
Accepted Paper Series
Boston University School of Law
Downloads 51
49.

Barack Obama's Emancipation Proclamation: An Essay in Memory of Judge Richard D. Cudahy

DePaul Law School’s Law Review Symposium, and Justice For All: A Symposium in Memory of the Honorable Richard D. Cudahy, April 7, 2017, Boston Univ. School of Law, Public Law Research Paper No. 17-15, DePaul Law Review, Vol. 67, No. 4, 2018,
Number of pages: 24 Posted: 25 Apr 2017 Last Revised: 02 Jul 2018
Accepted Paper Series
Boston University School of Law
Downloads 31
50.

The Patently Unexceptional Venue Statute

American University Law Review, Vol. 66, p. 1027, 2017, Boston Univ. School of Law, Public Law Research Paper No. 2017-08
Number of pages: 34 Posted: 12 Feb 2017 Last Revised: 09 May 2017
Accepted Paper Series
Boston University School of Law and Catholic University of America (CUA) - Columbus School of Law
Downloads 189