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Florida State University Public Law & Legal Theory Research Paper Series

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1.

The Theoretical Bankruptcy of Textualism

FSU College of Law, Public Law Research Paper
Number of pages: 13 Posted: 21 Feb 2019
Working Paper Series
Florida State University College of Law
Downloads 2
2.

Preempting Plaintiff Cities

Fordham Urban Law Journal, Forthcoming, FSU College of Law, Public Law Research Paper No. 904
Number of pages: 27 Posted: 12 Jan 2019
Accepted Paper Series
Florida State University - College of Law
Downloads 18
3.

'Tell the Truth': Truth in Music Advertising Post Tam

Oxford Handbook of Music Law and Policy, Forthcoming, FSU College of Law, Law, Business & Economics Paper No. 19-18, FSU College of Law, Public Law Research Paper No. 903
Number of pages: 22 Posted: 06 Jan 2019
Accepted Paper Series
Florida State University - College of Law
Downloads 24
4.

Public-Private Partnerships As Models for New Drug Development: The Future As Now

in The Cambridge Handbook of Public-Private Partnerships, Intellectual Property Governance, and Sustainable Development, pp. 29-45, eds. M. Chon, P. Roffe & A. Abdel-Latif (Cambridge Univ. Press 2018), FSU College of Law, Public Law Research Paper No. 902, FSU College of Law, Law, Business & Economics Paper No. 19-01
Number of pages: 18 Posted: 27 Dec 2018
Accepted Paper Series
Florida State University - College of Law
Downloads 13
5.

What the Feds Can Do to Rein in Local Mercenary Criminal Justice

2018 Illinois Law Review (Forthcoming), FSU College of Law, Public Law Research Paper No. 901
Number of pages: 28 Posted: 03 Dec 2018
Accepted Paper Series
Florida State University - College of Law
Downloads 44
6.

Democratizing Access to Survey Evidence of Distinctiveness

Trademark Law and Theory: Reform of Trademark Law (Dinwoodie & Janis, eds), Elgar, 2019, Forthcoming, FSU College of Law, Law, Business & Economics Paper No. 19-17, FSU College of Law, Public Law Research Paper No. 899
Number of pages: 23 Posted: 27 Nov 2018
Accepted Paper Series
Florida State University - College of Law
Downloads 18
7.

Watching TVs Left and Right: Media Partisanship and Fundamental Corporate Decisions

FSU College of Law, Public Law Research Paper No. 900
Number of pages: 45 Posted: 08 Nov 2018 Last Revised: 05 Feb 2019
Working Paper Series
Florida State University College of Business, Florida State University and Purdue University

Multiple version iconThere are 2 versions of this paper

Downloads 22
8.

Beyond the Elements: Erie and the Standards for Preliminary and Permanent Injunctions

Akron Law Review, 2019, FSU College of Law, Public Law Research Paper No. 898
Number of pages: 33 Posted: 07 Nov 2018 Last Revised: 10 Jan 2019
Accepted Paper Series
Florida State University - College of Law
Downloads 20
9.

GoTaxMe: Crowdfunding and Gifts

Florida Tax Review, 2019, FSU College of Law, Public Law Research Paper No. 899, FSU College of Law, Law, Business & Economics Paper No. 18-15
Number of pages: 13 Posted: 06 Nov 2018
Accepted Paper Series
Florida State University - College of Law
Downloads 183
10.

Debate on Carried Interest

157 Tax Notes 1597, (Dec. 11, 2017), FSU College of Law, Public Law Research Paper No. 897, FSU College of Law, Law, Business & Economics Paper No. 18-14, U of Texas Law, Public Law Research Paper
Number of pages: 22 Posted: 29 Oct 2018
Accepted Paper Series
University of Texas at Austin - School of Law, Florida State University - College of Law and University of Michigan Law School
Downloads 62
11.

On the Limitations of Unitary Models of the Proof Process

FSU College of Law, Public Law Research Paper No. 896, FSU College of Law, Law, Business & Economics Paper No. 18-13
Number of pages: 7 Posted: 24 Oct 2018
Working Paper Series
Florida State University College of Law
Downloads 18
12.

Big Data is Not Big Oil: The Role of Analogy in the Law of New Technologies

FSU College of Law, Public Law Research Paper No. 895, FSU College of Law, Law, Business & Economics Paper No. 18-12
Number of pages: 20 Posted: 15 Oct 2018 Last Revised: 23 Feb 2019
Accepted Paper Series
Florida State University - College of Law
Downloads 148
13.

Dissatisfied Members in Florida LLCs: Remedies

18 Florida State University Business Review 1 (2019, Forthcoming), FSU College of Law, Public Law Research Paper No. 894, FSU College of Law, Law, Business & Economics Paper No. 18-11
Number of pages: 38 Posted: 25 Sep 2018 Last Revised: 01 Feb 2019
Accepted Paper Series
Florida State University College of Law
Downloads 60
14.

The Law and Economics of the Going-Public Decision

The Oxford Handbook of IPOs (Oxford University Press, Forthcoming) , FSU College of Law, Public Law Research Paper No. 893, FSU College of Law, Law, Business & Economics Paper No. 18-10
Number of pages: 37 Posted: 18 Sep 2018
Accepted Paper Series
Florida State University - College of Law
Downloads 68
15.

Improving Lawyers’ Health by Addressing the Impact of Adverse Childhood Experiences

53 University of Richmond Law Review (2018 Forthcoming), FSU College of Law, Public Law Research Paper No. 883
Number of pages: 20 Posted: 17 Sep 2018
Accepted Paper Series
Florida State University College of Social Work, Institute for Family Violence Studies and Florida State University - College of Law
Downloads 30
16.

The Uncertain Case for Appraisal Arbitrage

Wake Forest Law Review, Vol. 52, No. 1, 2017, FSU College of Law, Public Law Research Paper No. 892, FSU College of Law, Law, Business & Economics Paper No. 18-9
Number of pages: 49 Posted: 17 Sep 2018
Accepted Paper Series
Florida State University - College of Law
Downloads 11
17.

Legitimizing Character Evidence

Emory Law Journal, 2019 Forthcoming, FSU College of Law, Public Law Research Paper No. 890, FSU College of Law, Law, Business & Economics Paper No. 18-7
Number of pages: 62 Posted: 13 Sep 2018
Accepted Paper Series
Florida State University - College of Law
Downloads 35
18.

The Paradox of Executive Compensation Regulation

44 Journal of Corporation Law (2019 Forthcoming), FSU College of Law, Public Law Research Paper No. 891, FSU College of Law, Law, Business & Economics Paper No. 18-8, Brooklyn Law School, Legal Studies Paper No. 600
Number of pages: 41 Posted: 13 Sep 2018 Last Revised: 22 Feb 2019
Accepted Paper Series
Brooklyn Law School and Florida State University - College of Law
Downloads 56
19.

Behavioral vs. Traditional Corporate Finance: An Unabashed Critical Review

FSU College of Law, Public Law Research Paper No. 889, FSU College of Law, Law, Business & Economics Paper No. 18-6
Number of pages: 41 Posted: 11 Sep 2018
Working Paper Series
Florida State University
Downloads 297
20.

The I·CONnect-Clough Center 2017 Global Review of Constitutional Law

The I·CONnect-Clough Center 2017 Global Review of Constitutional Law. ISBN: 978-0-692-15916-3. Published by the Clough Center for the Study of Constitutional Democracy, FSU College of Law, Public Law Research Paper No. 888, U of Texas Law, Public Law Research Paper,
Number of pages: 330 Posted: 22 Aug 2018
Working Paper Series
University of Texas at Austin - School of Law, Florida State University - College of Law, University of Trieste and University of Copenhagen, Faculty of Law
Downloads 1,468
21.

Constituent Power and Constitution-Making in Latin America

Comparative Constitution-Making (Edward Elgar Press) (Hanna Lerner & David Landau, eds., 2019 Forthcoming), FSU College of Law, Public Law Research Paper No. 881
Number of pages: 22 Posted: 14 Aug 2018
Accepted Paper Series
Florida State University - College of Law
Downloads 93
22.

Prophylactic Redistricting? Congress's Section 5 Power and the New Equal Protection Right to Vote

William & Mary Law Review, Vol. 59, 2018, FSU College of Law, Public Law Research Paper No. 882
Number of pages: 62 Posted: 01 Aug 2018
Accepted Paper Series
Florida State University - College of Law
Downloads 41
23.

Term Limits and the Unconstitutional Constitutional Amendment Doctrine: Lessons from Latin America

Forthcoming, Alexander Baturo and Robert Elgie eds., Politics of Presidential Term Limits (Oxford University Press), FSU College of Law, Public Law Research Paper No. 887
Number of pages: 20 Posted: 26 Jul 2018
Accepted Paper Series
Florida State University - College of Law, Interdisciplinary Center (IDC) Herzliya - Radzyner School of Law and University of New South Wales (UNSW) - Faculty of Law
Downloads 101
24.

From an Unconstitutional Constitutional Amendment to an Unconstitutional Constitution? Lessons From Honduras

Global Constitutionalism, Forthcoming , FSU College of Law, Public Law Research Paper No. 886
Number of pages: 24 Posted: 25 Jul 2018
Accepted Paper Series
Florida State University - College of Law, University of New South Wales (UNSW) - Faculty of Law and Interdisciplinary Center (IDC) Herzliya - Radzyner School of Law
Downloads 78
25.

Prices Versus Quantities

Policy Instruments in Environmental Law (Richards, K. and J. Van Zeben, eds.), Elgar, 2018, FSU College of Law, Public Law Research Paper No. 884, FSU College of Law, Law, Business & Economics Paper No. 18-5
Number of pages: 16 Posted: 12 Jul 2018
Working Paper Series
Florida State University - College of Law
Downloads 15
26.

Digital Surveillance and Preventive Policing

Connecticut Law Review, Vol. 49, No. 5, 2017, FSU College of Law, Public Law Research Paper No. 880, FSU College of Law, Law, Business & Economics Paper 18-3
Number of pages: 42 Posted: 29 Jun 2018
Accepted Paper Series
Florida State University College of Law
Downloads 44
27.

Constrained Regulatory Exit in Energy Law

67 Duke Law Journal, 1687-1728 (2018) (Forty-Eighth Annual Administrative Law Symposium: Exit and the Administrative State), FSU College of Law, Public Law Research Paper No. 885, FSU College of Law, Law, Business & Economics Paper No. 18-4, Vanderbilt Law Research Paper No. 18-46
Number of pages: 43 Posted: 20 Jun 2018 Last Revised: 18 Oct 2018
Working Paper Series
Vanderbilt University - Law School and Florida State University - College of Law
Downloads 38
28.

Challenging the Punitiveness of 'New-Generation' SORN Laws

21 New Criminal Law Review (2018 Forthcoming), FSU College of Law, Public Law Research Paper No. 879
Number of pages: 49 Posted: 29 May 2018 Last Revised: 02 Aug 2018
Working Paper Series
Florida State University - College of Law
Downloads 245
29.

Revisiting Congressional Delegation as the Foundation for Chevron

Supreme Court Economic Review, Forthcoming, FSU College of Law, Public Law Research Paper No. 877
Posted: 30 Apr 2018
Accepted Paper Series
Florida State University College of Law
30.

The Bounds of Congress’ Spending Power

Arizona Law Review, Forthcoming, FSU College of Law, Public Law Research Paper No. 874
Number of pages: 44 Posted: 30 Apr 2018
Accepted Paper Series
Florida State University College of Law
Downloads 31
31.

A Process-Based Approach to Presidential Exit

67 Duke L.J. 1775 (2018), FSU College of Law, Public Law Research Paper No. 875
Number of pages: 13 Posted: 30 Apr 2018 Last Revised: 17 Feb 2019
Accepted Paper Series
Florida State University College of Law
Downloads 13
32.

Policing Police Access to Criminal Justice Data

Iowa Law Review, Vol. 104, 2019, Forthcoming, FSU College of Law, Public Law Research Paper No. 878
Number of pages: 78 Posted: 30 Apr 2018 Last Revised: 03 Aug 2018
Accepted Paper Series
Florida State University - College of Law
Downloads 83
33.

The Long Shadow of Judicial Review

32 Journal of Land Use & Environmental Law 579 (2017), FSU College of Law, Public Law Research Paper No. 876
Number of pages: 20 Posted: 25 Apr 2018
Accepted Paper Series
Florida State University College of Law
Downloads 38
34.

False Massiah: The Sixth Amendment Revolution That Wasn’t

50 Texas Tech. L. Rev. 153 (2017), FSU College of Law, Public Law Research Paper No. 873
Number of pages: 19 Posted: 31 Mar 2018
Accepted Paper Series
Florida State University - College of Law
Downloads 25
35.

Toward a Corporate Finance Theory for the Entrepreneurial Firm.

FSU College of Law, Public Law Research Paper No. 872
Number of pages: 27 Posted: 06 Mar 2018
Working Paper Series
Florida State University
Downloads 156
36.

Unraveling the Administrative State: Mechanism Choice, Key Actors, and Regulatory Tools

Virginia Environmental Law Journal, Vol. 36, No. 3, 2018, Forthcoming, FSU College of Law, Public Law Research Paper No. 870
Number of pages: 56 Posted: 18 Feb 2018 Last Revised: 17 May 2018
Working Paper Series
George Washington University - Law School and Florida State University - College of Law
Downloads 121
37.

Human Capital in a Climate-Changed World

Forthcoming in Climate Change and Its Impacts: Risks and Inequalities (C. Murphy, P. Gardoni & R. McKim, eds.), FSU College of Law, Public Law Research Paper No. 871
Number of pages: 15 Posted: 19 Jan 2018
Accepted Paper Series
Florida State University - College of Law
Downloads 32
38.

An Unintended Consequence of Reducing the Corporate Tax Rate

Tax Notes, Vol. 157, No. 8, 2017, FSU College of Law, Public Law Research Paper No. 869, FSU College of Law, Law, Business & Economics Paper No. 1-18
Number of pages: 4 Posted: 21 Dec 2017
Accepted Paper Series
Florida State University - College of Law
Downloads 331
39.

The Inappropriateness of the Bad Checks Penalty

Tax Notes, Vol. 157, No. 6, 2017, FSU College of Law, Public Law Research Paper No. 868, U of Michigan Public Law Research Paper No. 584
Number of pages: 7 Posted: 13 Dec 2017 Last Revised: 22 Mar 2018
Accepted Paper Series
University of Michigan Law School and Florida State University - College of Law
Downloads 46
40.

Leaving Law Firms with Client Fees: Florida's Path

91-10 Florida Bar Journal 9 (2017), FSU College of Law, Public Law Research Paper No. 865
Number of pages: 8 Posted: 29 Nov 2017 Last Revised: 19 Dec 2017
Accepted Paper Series
Florida State University College of Law
Downloads 16
41.

Regulatory Triage in a Volatile Political Era

117 Columbia Law Review Online 240 (2017) , FSU College of Law, Public Law Research Paper No. 866
Number of pages: 21 Posted: 28 Nov 2017
Accepted Paper Series
Florida State University - College of Law
Downloads 30
42.

Federal Laboratories of Democracy

FSU College of Law, Public Law Research Paper No. 867, UC Hastings Research Paper No. 259
Number of pages: 53 Posted: 27 Nov 2017 Last Revised: 11 Jan 2018
Working Paper Series
Florida State University - College of Law and University of California - Hastings College of the Law
Downloads 63
43.

Can Nonstatutory Federal Climate Litigation Drive Federal Climate Policy?

Trends, November/December 2017, A.B.A. Section of Environment, Energy, and Resources Newsletter, FSU College of Law, Public Law Research Paper No. 864
Number of pages: 3 Posted: 20 Nov 2017
Accepted Paper Series
Florida State University - College of Law
Downloads 51
44.

Evidentiary Trapdoors

Iowa Law Review, Vol. 103, Forthcoming, FSU College of Law, Public Law Research Paper No. 863
Number of pages: 55 Posted: 17 Oct 2017
Accepted Paper Series
Florida State University - College of Law
Downloads 37
45.

Presidential Term Limits in Latin America and the Limits of Transnational Constitutional Dialogue

12 Law & Ethics of Human Rights, Forthcoming, FSU College of Law, Public Law Research Paper No. 862
Number of pages: 17 Posted: 16 Oct 2017
Accepted Paper Series
Florida State University - College of Law
Downloads 92
46.

Populist Constitutions

85 University of Chicago Law Review, 2018, Forthcoming, FSU College of Law, Public Law Research Paper No. 861
Number of pages: 15 Posted: 16 Oct 2017
Accepted Paper Series
Florida State University - College of Law
Downloads 244
47.

The Judicial and Generational Dispute over Transgender Rights

Stanford Law & Policy Review, Vol. 29, No. 1, Forthcoming, FSU College of Law, Public Law Research Paper No. 859
Number of pages: 32 Posted: 13 Oct 2017
Accepted Paper Series
Slate Magazine, Florida State University College of Social Work, Institute for Family Violence Studies, Florida State University - College of Law, Center for Public Partnership & Research, Florida State University and Florida State University
Downloads 119
48.

Carbon Pricing

Chapter 3 in Legal Pathways to Deep Decarbonization in the United States (Dernbach, J. and M. Gerrard, eds.) Forthcoming, FSU College of Law, Public Law Research Paper No. 860, FSU College of Law, Law, Business & Economics Paper No. 7-17
Number of pages: 25 Posted: 06 Oct 2017
Accepted Paper Series
Florida State University - College of Law
Downloads 36
49.

The Misfortune of the Deductions for Business and Personal Casualty Losses

Florida Tax Review, Vol. 21, FSU College of Law, Public Law Research Paper No. 858, FSU College of Law, Law, Business & Economics Paper No. 6-17
Number of pages: 43 Posted: 22 Sep 2017
Accepted Paper Series
Florida State University - College of Law
Downloads 60
50.

Daily Fantasy, Tipping, and Wire Fraud

Gaming Law Review & Economics 21(1) 8-17, FSU College of Law, Public Law Research Paper No. 855
Number of pages: 13 Posted: 15 Sep 2017
Accepted Paper Series
Oklahoma State University, Independent and Florida State University - College of Education
Downloads 40