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Antonin Scalia Law School, George Mason University Legal Studies Research Paper Series

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Viewing: 1 - 50 of 140 papers

1.

Should Uber Be Allowed to Compete in Europe? And If so How?

Forthcoming in Competition Policy International (2015), George Mason Legal Studies Research Paper No. LS 15-11, George Mason Law & Economics Research Paper No. 15-29
Number of pages: 15 Posted: 08 Jun 2015 Last Revised: 03 Sep 2015
Accepted Paper Series
EUCLID Law
Downloads 2,169
2.

The History Of ‘Substantive’ Due Process: It's Complicated

Texas Law Review, V. 95, No. 1, pp. 1-11, 2016, George Mason Legal Studies Research Paper No. LS 17-06
Number of pages: 12 Posted: 01 Feb 2017
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 970
3.

Who Are "Officers of the United States"?

70 Stanford Law Review 443 (2018), George Mason Legal Studies Research Paper No. LS 17-21
Number of pages: 122 Posted: 16 Feb 2017 Last Revised: 04 May 2018
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 965
4.

Distortion of Justice: How the Inability to Pay Bail Affects Case Outcomes

Journal of Law, Economics & Organization, Forthcoming , George Mason Legal Studies Research Paper No. LS 18-30
Number of pages: 36 Posted: 17 Jul 2016 Last Revised: 27 Sep 2018
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 767
5.

The Second Amendment

National Constitution Center, Interactive Constitution, George Mason Legal Studies Research Paper No. LS 15-23
Number of pages: 8 Posted: 18 Sep 2015
Accepted Paper Series
George Mason University School of Law and University of California, Los Angeles (UCLA) - School of Law
Downloads 601
6.

Book Review: Philip Hamburger, Is Administrative Law Unlawful?

Law and History Review, Vol. 33, No. 3, pp. 759-760, 2015, George Mason Legal Studies Research Paper No. LS 15-36
Number of pages: 3 Posted: 16 Oct 2015
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 473
7.

Reverse Payment Patent Settlements in the European Union and the United States

George Mason Legal Studies Research Paper No. LS 15-22, George Mason Law & Economics Research Paper No. 15-38
Number of pages: 26 Posted: 21 Sep 2015
Accepted Paper Series
EUCLID Law, U.S. Court of Appeals for the District of Columbia Circuit and Independent
Downloads 469
8.

Antitrust Analysis Involving Intellectual Property and Standards: Implications from Economics

George Mason Law Review, Forthcoming
Number of pages: 67 Posted: 12 Feb 2018 Last Revised: 19 Feb 2018
Working Paper Series
Compass Lexecon, U.S. Court of Appeals for the District of Columbia Circuit and Director of IP & Competition Policy at Qualcomm Incorporated and Senior Expert at China's University of International Business & Economics (formerly at U.S. Federal Trade Commission)
Downloads 463
9.

Administrative Collusion: How Delegation Diminishes the Collective Congress

New York University Law Review, Vol. 90, No. 5, pp. 1463-1526, 2015, George Mason Legal Studies Research Paper No. LS 15-38, George Mason Law & Economics Research Paper No. 15-47
Number of pages: 65 Posted: 18 Oct 2015 Last Revised: 27 Jul 2016
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 442
10.

The Troubling Use of Antitrust to Regulate FRAND Licensing

CPI Antitrust Chronicle, Vol. 10, No. 1, pp. 2-8, 2015, George Mason Legal Studies Research Paper No. LS 15-37, George Mason Law & Economics Research Paper No. 15-46
Number of pages: 10 Posted: 16 Oct 2015
Accepted Paper Series
U.S. Court of Appeals for the District of Columbia Circuit, Director of IP & Competition Policy at Qualcomm Incorporated and Senior Expert at China's University of International Business & Economics (formerly at U.S. Federal Trade Commission) and George Mason University - Antonin Scalia Law School, Faculty
Downloads 435
11.

The Liquidity Dilemma and the Repo Market: A Two-Step Policy Option to Address the Regulatory Void

22 Stanford Journal of Law, Business, and Finance (2017), LSE Legal Studies Working Paper No. 21/2015
Number of pages: 61 Posted: 03 Aug 2016 Last Revised: 16 Apr 2018
Accepted Paper Series
George Mason University, Antonin Scalia Law School
Downloads 428
12.

Federalism and the Roberts Court

Publius: The Journal of Federalism, V. 46, 2016 (Symposium on Federalism Under Obama), George Mason Legal Studies Research Paper No. LS 16-34
Number of pages: 23 Posted: 30 Nov 2016 Last Revised: 15 Jul 2017
Working Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 402
13.

The Ongoing Debate Over Political Ignorance: Reply to My Critics

Critical Review, Vol. 27, Nos. 3-4, pp. 380-414, 2015 (Symposium on Democracy and Political Ignorance), George Mason Legal Studies Research Paper No. LS 16-03
Number of pages: 37 Posted: 10 Feb 2016
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 328
14.

Separation Anxiety

Virginia Journal of Law and Technology, Vol. 21, No. 01, 2017, George Mason Legal Studies Research Paper No. LS 15-15, George Mason Law & Economics Research Paper No. 15-32
Number of pages: 59 Posted: 05 Sep 2015 Last Revised: 14 Dec 2017
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 311
15.

The Right to Arms and the American Philosophy of Freedom

Heritage Foundation, First Principles, No. 62, October 2016, George Mason Legal Studies Research Paper No. LS 16-29
Number of pages: 20 Posted: 07 Jul 2016 Last Revised: 18 Oct 2016
Accepted Paper Series
George Mason University School of Law
Downloads 305
16.

Micro-Symposium: Top Ten Rankings of the U.S. Supreme Court

Green Bag 2d, Vol. 18, No. 4, pp. 425-463, 2015, George Mason Legal Studies Research Paper No. LS 15-24, UC Hastings Research Paper No. 156, Texas A&M University School of Law Legal Studies Research Paper No. 16-22
Number of pages: 43 Posted: 17 Sep 2015 Last Revised: 02 Sep 2016
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty, University of California Hastings College of the Law, University of California Hastings College of the Law, University of Kentucky - College of Law, Independent, Texas A&M University School of Law, Independent and Calloo Callay, Inc.
Downloads 278
17.

Religious Freedom versus Sexual Expression: A Guide

Journal of Law and Religion, 2015, Forthcoming, George Mason Legal Studies Research Paper No. LS 15-28
Number of pages: 48 Posted: 03 Oct 2015
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 260
18.

Conditional Discounts and the Law of Exclusive Dealing

George Mason Law Review, Vol. 22, No. 5, pp. 1205-1246, 2015, George Mason Legal Studies Research Paper No. LS 15-42, George Mason Law & Economics Research Paper No. 15-49
Number of pages: 43 Posted: 22 Oct 2015
Accepted Paper Series
Federal Trade Commission - Office of Policy Planning and George Mason University - Antonin Scalia Law School, Faculty
Downloads 254
19.

Some Clerical Contributions to Ex Parte Quirin

Green Bag 2d, Vol. 19, No. 3, pp. 283-325 (2016), George Mason Legal Studies Research Paper No. LS 16-28
Number of pages: 44 Posted: 13 Jun 2016 Last Revised: 15 Jun 2016
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 254
20.

Putting Kelo in Perspective

Connecticut Law Review, Vol. 48, No. 5, 2016 (Symposium on Kelo v. City of New London) , George Mason Legal Studies Research Paper No. LS 16-33
Number of pages: 20 Posted: 14 Oct 2016 Last Revised: 10 Mar 2017
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 237
21.

Civil Rights and the Right to Work

Reason, February 2016, pp. 55-57, Forthcoming, George Mason Legal Studies Research Paper No. LS 16-01
Number of pages: 4 Posted: 22 Jan 2016 Last Revised: 25 Jan 2016
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 233
22.

Bailment and the Property/Contract Interface

George Mason Legal Studies Research Paper No. LS 15-12
Number of pages: 42 Posted: 04 Sep 2015
Working Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 231
23.

The Corruption of Constitutional Conservatism

Claremont Review of Books Digital, February 29, 2016, George Mason Legal Studies Research Paper No. LS 16-14
Number of pages: 9 Posted: 26 Mar 2016
Accepted Paper Series
George Mason University School of Law
Downloads 230
24.

Unfair Methods of Competition after the 2015 Commission Statement

The Antitrust Source (October 2015), George Mason Legal Studies Research Paper No. LS 15-25, George Mason Law & Economics Research Paper No. 15-39
Number of pages: 13 Posted: 24 Sep 2015 Last Revised: 20 Oct 2015
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty and Weil, Gotshal & Manges LLP
Downloads 230
25.

The Due Process Right to Pursue a Lawful Occupation: A Brighter Future Ahead?

The Yale Law Journal Forum, 2016, George Mason Legal Studies Research Paper No. LS 17-01
Number of pages: 18 Posted: 09 Jan 2017
Working Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 227
26.

Obama's Constitutional Legacy

Drake Law Review, Vol. 65, No. 4, pp. 1039-1053, 2017 (Symposium on "President Obama's Constitutional Law Legacy"), George Mason Legal Studies Research Paper No. 17-43
Number of pages: 16 Posted: 02 Nov 2017 Last Revised: 18 Dec 2017
Working Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 222
27.

Marriage and Family as the New Property: Obergefell, Marriage, and the Hand of the State

Regent University Law Review, Vol. 28, No. 1, pp. 49-70, 2015, George Mason Legal Studies Research Paper No. LS 15-27
Number of pages: 24 Posted: 03 Oct 2015 Last Revised: 15 Jan 2016
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 221
28.

Yakus and the Administrative State

George Mason Legal Studies Research Paper No. LS 15-43
Number of pages: 59 Posted: 05 Dec 2015 Last Revised: 09 Nov 2017
Working Paper Series
George Mason University, Antonin Scalia Law School, Students/Alumni and George Mason University - Antonin Scalia Law School, Faculty
Downloads 213
29.

Consumer Credit and the American Economy: An Overview

Journal of Law, Economics and Policy, Forthcoming, George Mason Legal Studies Research Paper No. LS 15-18, George Mason Law & Economics Research Paper No. 15-34
Number of pages: 40 Posted: 09 Sep 2015
Accepted Paper Series
Board of Governors of the Federal Reserve System, Federal Reserve Board and George Mason University - Antonin Scalia Law School, Faculty
Downloads 206
30.

The Consumer Financial Protection Bureau's Arbitration Study: A Summary and Critique

Mercatus Working Paper, George Mason Legal Studies Research Paper No. LS 15-07, George Mason Law & Economics Research Paper No. 15-25, Virginia Law and Economics Research Paper No. 24, Virginia Public Law and Legal Theory Research Paper No. 51
Number of pages: 59 Posted: 26 Aug 2015 Last Revised: 19 Sep 2015
Working Paper Series
University of Virginia - School of Law and George Mason University - Antonin Scalia Law School, Faculty
Downloads 206
31.

Why Political Ignorance Undermines the Wisdom of the Many

Critical Review, Vol. 26, Nos. 1-2, pp. 151-169, 2014 (Symposium on Hélène Landemore’s Democratic Reason: Politics, Cognitive Intelligence, and the Rule of the Many), George Mason Legal Studies Research Paper No. LS 16-04,
Number of pages: 20 Posted: 10 Feb 2016
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 204
32.

Public Opinion and the Second Amendment

Journal of Law, Vol. 5, No. 1, pp. 85-87, 2015, Journal of Legal Metrics, Vol. 4, 2015, George Mason Legal Studies Research Paper No. LS 15-16
Number of pages: 4 Posted: 09 Sep 2015 Last Revised: 06 Oct 2015
Accepted Paper Series
George Mason University School of Law
Downloads 200
33.

Defending Daubert: It's Time to Amend Federal Rule of Evidence 702

William & Mary Law Review, Vol. 57, No. 1, pp. 1-48, 2015, George Mason Legal Studies Research Paper No. LS 15-29
Number of pages: 49 Posted: 04 Oct 2015
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty and Hollingsworth, LLP
Downloads 199
34.

The Dodd-Frank Act Five Years Later: Are We More Stable?

George Mason Legal Studies Research Paper No. LS 15-10, George Mason Law & Economics Research Paper No. 15-28
Number of pages: 11 Posted: 27 Aug 2015
Working Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 198
35.

Antonin Scalia and the Dilemma of Constitutional Originalism

Perspectives in Political Science, Forthcoming, George Mason Legal Studies Research Paper No. LS 16-36
Number of pages: 21 Posted: 07 Dec 2016 Last Revised: 05 Sep 2018
Accepted Paper Series
George Mason University School of Law
Downloads 193
36.

The Law and Economics of Consumer Debt Collection and Its Regulation

George Mason Legal Studies Research Paper No. LS 15-17, George Mason Law & Economics Research Paper No. 15-33
Number of pages: 71 Posted: 09 Sep 2015
Working Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 186
37.

Intellectual Property and Practical Reason

Jurisprudence, Forthcoming, George Mason Legal Studies Research Paper No. LS 17-12
Number of pages: 33 Posted: 02 May 2016 Last Revised: 28 Sep 2017
Accepted Paper Series
George Mason University
Downloads 174
38.

Rent-Seeking, Crony Capitalism, and the Crony Constitution

Supreme Court Economic Review, Forthcoming, George Mason Legal Studies Research Paper No. LS 15-08, George Mason Law & Economics Research Paper No. 15-26
Number of pages: 37 Posted: 27 Aug 2015
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 171
39.

Foot Voting, Decentralization, and Development

Minnesota Law Review, Vol. 102, No. 4, pp. 1649-1670, June 2018 (Symposium on "Decentralization and Development"), George Mason Legal Studies Research Paper No. LS 18-12
Number of pages: 23 Posted: 25 Apr 2018 Last Revised: 25 Jun 2018
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 168
40.

Rethinking Presidential Eligibility

Fordham Law Review, V. 85, No. 3, 2016, George Mason Legal Studies Research Paper No. LS 16-35
Number of pages: 29 Posted: 16 Nov 2016 Last Revised: 03 Dec 2016
Working Paper Series
Rutgers Law School
Downloads 168
41.

The Rule of Law During Times of Economic Crisis

George Mason Legal Studies Research Paper No. LS 15-09, George Mason Law & Economics Research Paper No. 15-27
Number of pages: 63 Posted: 27 Aug 2015
Working Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 164
42.

Hohfeld and the Theory of in Rem Rights: An Attempted Mediation

The Legacy of Wesley Hohfeld: Edited Major Works, Select Personal Papers, and Original Commentaries, Shyam Balganesh, Ted Sichelman & Henry Smith eds., Cambridge University Press, Forthcoming 2018, George Mason Legal Studies Research Paper No. LS 17-07
Number of pages: 26 Posted: 02 Mar 2017 Last Revised: 15 Sep 2017
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 162
43.

Our Illiberal Administrative Law

NYU Journal of Law & Liberty, Vol. 10, No. 2, p. 475, 2016, George Mason Legal Studies Research Paper No. LS 17-05
Number of pages: 47 Posted: 27 Jan 2017 Last Revised: 28 Jan 2017
Accepted Paper Series
U.S. Court of Appeals for the District of Columbia Circuit and George Mason University
Downloads 162
44.

Property, Concepts, and Functions

Boston College Law Review, Vol. 60, No. 1, 2019, George Mason Legal Studies Research Paper No. LS 18-04
Number of pages: 70 Posted: 12 Mar 2018 Last Revised: 10 Nov 2018
Accepted Paper Series
George Mason University
Downloads 161
45.

The Boundaries of Antidiscrimination Laws

The Cambridge Handbook of Classical Liberal Thought, M. Todd Henderson ed., 2018, George Mason University Legal Studies Research Paper No. LS 18-34
Number of pages: 12 Posted: 26 Nov 2018
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 161
46.

Delegation Reconsidered: A Delegation Doctrine for the Modern Administrative State

George Mason Legal Studies Research Paper No. LS 16-07
Number of pages: 58 Posted: 04 Mar 2016 Last Revised: 15 Mar 2016
Working Paper Series
Center for the Rule of Law
Downloads 160
47.

Using Things, Defining Property

Property Theory, James Penner & Michael Otsuka, eds., Cambridge University Press, 2018 Forthcoming, George Mason Legal Studies Research Paper No. LS 17-17
Number of pages: 41 Posted: 20 Sep 2017 Last Revised: 28 Sep 2017
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 144
48.

Comment of the Global Antitrust Institute, George Mason University School of Law, on the Korea Fair Trade Commission's Revised Review Guidelines on Unfair Exercise of Intellectual Property Rights

George Mason Legal Studies Research Paper No. LS 15-35, George Mason Law & Economics Research Paper No. 15-45
Number of pages: 19 Posted: 07 Oct 2015 Last Revised: 15 Oct 2015
Working Paper Series
George Mason University - School of Law, U.S. Court of Appeals for the District of Columbia Circuit, Director of IP & Competition Policy at Qualcomm Incorporated and Senior Expert at China's University of International Business & Economics (formerly at U.S. Federal Trade Commission) and George Mason University - Antonin Scalia Law School, Faculty
Downloads 141
49.

Constitutionally Conforming Agency Adjudication

2 Loyola Journal of Regulatory Compliance 22 (2017), George Mason Legal Studies Research Paper No. LS 17-14
Number of pages: 38 Posted: 28 Jun 2017 Last Revised: 04 May 2018
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 141
50.

Vested Use-Privileges in Property and Copyright

Harvard Journal of Law and Technology, V. 30, pp. 75-96, 2017 , George Mason Legal Studies Research Paper No. LS 17-02
Number of pages: 23 Posted: 13 Jan 2017 Last Revised: 09 Feb 2017
Working Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 141