SSRN Boston University Public Law & Legal Theory Research Paper Series

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

Randy E. Barnett

Georgetown University Law Center

Downloads 3,734

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

Randy E. Barnett

Georgetown University Law Center

Downloads 3,291

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

Randy E. Barnett

Georgetown University Law Center

Downloads 3,181

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

Randy E. Barnett

Georgetown University Law Center

Downloads 2,330

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

Krishnamurthy Subramanian and Frederick Tung

Indian School of Business (ISB), Hyderabad and Boston University School of Law

Downloads 2,020

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

Randy E. Barnett

Georgetown University Law Center

Downloads 1,622

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

Susan Musarrat Akram and Kevin R. Johnson

Boston University School of Law and University of California, Davis - School of Law

Downloads 1,594

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

Randy E. Barnett

Georgetown University Law Center

Downloads 1,575

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

Robert D. Sloane and W. Michael Reisman

Boston University - School of Law and Yale University - Law School

Downloads 1,539

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

Charles K. Whitehead

Cornell Law School

Downloads 1,400

11.

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

Randy E. Barnett

Georgetown University Law Center

Downloads 1,328

12.

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

Robert D. Sloane

Boston University - School of Law

Downloads 1,325

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

Randy E. Barnett

Georgetown University Law Center

Downloads 1,162

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

Robert D. Sloane

Boston University - School of Law

Downloads 1,145

15.

The Proper Scope of the Police Power

Notre Dame Law Review, Vol. 79

Number of pages: 61 Posted: 21 Aug 2003

Accepted Paper Series

Randy E. Barnett

Georgetown University Law Center

Downloads 1,054

16.

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

Ronald A. Cass

Center for the Rule of Law

Downloads 969

17.

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

Kenneth W. Simons

University of California, Irvine School of Law

Downloads 939

18.

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

James E. Bessen, Peter Neuhäusler, John L. Turner and Jonathan W. Williams

Boston University - 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 871

19.

An Originalism for Nonoriginalists

Boston Univ. School of Law Working Paper 99-14

Number of pages: 40 Posted: 12 Apr 2000

Working Paper Series

Randy E. Barnett

Georgetown University Law Center

Downloads 859

20.

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

Katharine Baird Silbaugh

Boston University - School of Law

Downloads 856

21.

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

Ronald E. Wheeler Jr.

Boston University School of Law

Downloads 855

22.

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

Randy E. Barnett

Georgetown University Law Center

Downloads 855

23.

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

Andrew Sellars

Boston University School of Law

Downloads 810

24.

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

Robert G. Bone

University of Texas School of Law

Downloads 808

25.

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

William W. Park and Catherine A. Rogers

Boston University - School of Law and Pennsylvania State University, Penn State Law

Downloads 730

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

Robert D. Sloane

Boston University - School of Law

Downloads 720

27.

Constitutional Legitimacy

Boston Univ. School of Law Working Paper 01-19

Number of pages: 50 Posted: 21 Nov 2001

Working Paper Series

Randy E. Barnett

Georgetown University Law Center

There are 2 versions of this paper

Downloads 708

28.

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

Kevin Outterson and Evan Selinger

Boston University School of Law and Rochester Institute of Technology - Department of Philosophy

Downloads 703

29.

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

Keith N. Hylton

Boston University - School of Law

Downloads 690

30.

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

Gary Lawson

Boston University School of Law

Downloads 688

31.

Antitrust Intent

Southern California Law Review, Vol. 74

Number of pages: 96 Posted: 28 Aug 2000

Accepted Paper Series

Keith N. Hylton and Ronald A. Cass

Boston University - School of Law and Center for the Rule of Law

Downloads 672

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

Robert D. Sloane

Boston University - School of Law

Downloads 666

33.

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

David Lyons

Boston University

Downloads 663

34.

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

Richard Thompson Ainsworth

NYU - Graduate Tax Program

Downloads 663

35.

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

Tamar Frankel

Boston University School of Law

Downloads 655

36.

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

Randy E. Barnett

Georgetown University Law Center

Downloads 643

37.

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

Tamar Frankel

Boston University School of Law

Downloads 642

38.

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

David Lyons

Boston University

Downloads 637

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

Gerald Leonard

Boston University School of Law

Downloads 600

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

Randy E. Barnett

Georgetown University Law Center

Downloads 588

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

Nicole Huberfeld, Elizabeth Weeks Leonard and Kevin Outterson

Boston University - School of Public Health, University of Georgia School of Law and Boston University School of Law

Downloads 575

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

Eric D. Roiter

Boston University - School of Law

Downloads 531

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

Jay Wexler

Boston University School of Law

Downloads 531

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

Kevin Outterson

Boston University School of Law

Downloads 528

45.

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

Gary Lawson and David B. Kopel

Boston University School of Law and Independence Institute

Downloads 527

46.

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

Jack Michael Beermann

Boston University School of Law

Downloads 525

47.

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

Robert G. Bone

University of Texas School of Law

Downloads 521

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

Randy E. Barnett

Georgetown University Law Center

Downloads 516

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

Kenneth W. Simons

University of California, Irvine School of Law

Downloads 495

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

Kyle Whyte, Evan Selinger and Kevin Outterson

Michigan State University - Department of Philosophy, Rochester Institute of Technology - Department of Philosophy and Boston University School of Law

Downloads 487

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