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

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Viewing: 1 - 50 of 171 papers

1.

Early Customs Laws and Delegation

George Washington Law Review, Vol. 87, No. 6, 2020, George Mason Legal Studies Research Paper No. LS 20-12
Number of pages: 64 Posted: 01 Jun 2020
Working Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 1
2.

Personhood: Law, Common Sense, and Humane Opportunities

Washington and Lee Law Review, Vol. 76, No. 2, 2020, George Mason Legal Studies Research Paper No. LS 20-11
Number of pages: 9 Posted: 20 May 2020
Working Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 7
3.

The Wavering “Wall” Between Intelligence and Law Enforcement: A Longer View

National Security Law Journal, Forthcoming 2020, George Mason Legal Studies Research Paper No. LS 20-10
Number of pages: 34 Posted: 11 May 2020
Working Paper Series
George Mason University School of Law
Downloads 14
4.

The Modern American Law of Race

Southern California Law Review, Forthcoming, George Mason Legal Studies Research Paper No. LS 20-09
Number of pages: 76 Posted: 06 May 2020 Last Revised: 18 May 2020
Working Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 458
5.

Class Legislation, Fundamental Rights, and the Origins of Lochner and Liberty of Contract

George Mason Law Review, Vol. 26, No. 4, 2019, George Mason Legal Studies Research Paper No. LS 20-08
Number of pages: 26 Posted: 06 May 2020
Working Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 101
6.

“Administrative Constitutionalism:” Considering the Role of Agency Decisionmaking in American Constitutional Development

Social Philosophy and Policy, forthcoming, George Mason Legal Studies Research Paper No. LS 20-07
Number of pages: 27 Posted: 06 May 2020
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 117
7.

Distinguishing Different Kinds of Property in Patents and Copyrights

27 Geo. Mason L. Rev. 205 (2019), George Mason Legal Studies Research Paper No. LS 20-06
Number of pages: 55 Posted: 28 Apr 2020 Last Revised: 20 May 2020
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 64
8.

Why We Need Federal Administrative Courts

George Mason Legal Studies Research Paper No. LS 20-05, C. Boyden Gray Center for the Study of the Administrative State Research Paper No. 20-09
Number of pages: 46 Posted: 27 Mar 2020
Working Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 65
9.

Beyond Moralism: A Critique and a Proposal for Catholic Institutional Religious Freedom

Connecticut Public Interest Law Journal, Vol. 19, No. 1, 2019, George Mason Legal Studies Research Paper No. LS 20-04
Number of pages: 51 Posted: 19 Mar 2020 Last Revised: 14 May 2020
Working Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 59
10.

Takings As Compulsory Purchase of Commercial Units

Brigham-Kanner Property Rights Journal, Forthcoming, George Mason Legal Studies Research Paper No. LS 20-03
Number of pages: 52 Posted: 06 Mar 2020
Working Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 11
11.

The Mythical McCulloch

George Mason Legal Studies Research Paper No. LS 20-02, The Federalist Society Review, Vol. 21, pp. 18-22, 2020
Number of pages: 6 Posted: 24 Feb 2020
Working Paper Series
George Mason University School of Law
Downloads 22
12.

Overturning a Catch-22 in the Knick of Time: Knick v. Township of Scott and the Doctrine of Precedent

George Mason Legal Studies Research Paper No. LS 20-01, Pepperdine University Legal Studies Research Paper 2020/3, Fordham Urban Law Journal, Vol. 47, No. 3, pp. 545-589, 2020 (Symposium on Knick v. Township of Scott)
Number of pages: 48 Posted: 24 Jan 2020 Last Revised: 23 Apr 2020
Working Paper Series
George Mason University - Antonin Scalia Law School, Faculty and Pepperdine University School of Law
Downloads 114
13.

The Right to Carry Your Gun Outside: A Snapshot History

Law and Contemporary Problems, Forthcoming, Duke University Law School, George Mason Legal Studies Research Paper No. LS 19-18
Number of pages: 26 Posted: 21 Sep 2019 Last Revised: 25 Sep 2019
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 243
14.

The Proper Role of History and Tradition in Second Amendment Jurisprudence

University of Florida Journal of Law & Public Policy, Forthcoming, George Mason Legal Studies Research Paper No. LS 19-17
Number of pages: 27 Posted: 17 Sep 2019 Last Revised: 13 May 2020
Accepted Paper Series
George Mason University School of Law
Downloads 86
15.

Knick v. Township of Scott: Ending a Catch-22 that Barred Takings Cases from Federal Court

Cato Supreme Court Review, pp. 153-87, 2018-19. (Symposium on the 2018-19 Supreme Court term), George Mason Legal Studies Research Paper No. LS 19-16
Number of pages: 36 Posted: 10 Sep 2019 Last Revised: 05 Feb 2020
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 192
16.

The Promise and Peril of Epistocracy

Inquiry: An Interdisciplinary Journal of Philosophy (Symposium on Jason Brennan, Against Democracy), (pre-publication version), Forthcoming, George Mason Legal Studies Research Paper No. LS 19-15
Number of pages: 14 Posted: 05 Sep 2019
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 137
17.

Book Review, The US Supreme Court and the Centralization of Federal Authority, by Michael A. Dichio

Publius: The Journal of Federalism (August 2019) (pre-publication version), George Mason Legal Studies Research Paper No. LS 19-14
Number of pages: 10 Posted: 23 Aug 2019
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 53
18.

The Destructive Legacy of McCulloch v. Maryland

McCulloch v. Maryland at 200, Gary J. Schmitt, editor. (Forthcoming), George Mason Legal Studies Research Paper No. LS 19-13
Number of pages: 36 Posted: 15 Aug 2019 Last Revised: 28 Jan 2020
Accepted Paper Series
George Mason University School of Law
Downloads 67
19.

The Second Amendment and the War on Guns

Why We Are Losing the War on Gun Violence, Marie L. Crandall, Woodie Kessel, Jennifer L. Bronson, and Stephanie L. Bonne, eds. (Forthcoming), George Mason Legal Studies Research Paper No. LS 19-12
Number of pages: 33 Posted: 09 Aug 2019
Accepted Paper Series
George Mason University School of Law
Downloads 102
20.

Dialoguing with Paganism

Journal of Catholic Legal Studies, Vol. 57, No. 1, pp. 57-61 (2019), George Mason Legal Studies Research Paper No. LS 19-11
Number of pages: 7 Posted: 02 Jul 2019
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 44
21.

A Perfect Storm: Religion, Sex and Administrative Law

St. John's Law Review , Vol. 92, No. 4, 2018, George Mason Legal Studies Research Paper No. LS 19-10, C. Boyden Gray Center for the Study of the Administrative State Research Paper No. 19-08
Number of pages: 58 Posted: 08 May 2019 Last Revised: 02 Apr 2020
Working Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 45
22.

Antidiscrimination Laws and the Administrative State: A Skeptic's Look at Administrative Constitutionalism

Notre Dame Law Review, Vol. 94, No. 3, 2019, George Mason Legal Studies Research Paper No. LS 19-09
Number of pages: 38 Posted: 03 May 2019
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 213
23.

Expansion of Liability under Public Nuisance

18 Supreme Court Economic Review 1 (2010), George Mason Legal Studies Research Paper No. LS
Posted: 03 May 2019
Working Paper Series
George Mason University - Antonin Scalia Law School, Faculty and George Mason University - Antonin Scalia Law School, Faculty
24.

Exceptional, After All and After Oil States: Judicial Review and the Patent System

Boston University Journal of Science and Technology Law, Forthcoming, George Mason Legal Studies Research Paper No. LS 19-04
Number of pages: 43 Posted: 03 May 2019 Last Revised: 30 Sep 2019
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 66
25.

Making Federalism Great Again: How the Trump Administration's Attack on Sanctuary Cities Unintentionally Strengthened Judicial Protection for State Autonomy

Texas Law Review (Symposium on “Reclaiming—and Restoring—Constitutional Norms”), Vol. 97, pp. 1247-1294, 2019, George Mason Legal Studies Research Paper No. LS 19-02,
Number of pages: 49 Posted: 07 Mar 2019 Last Revised: 28 Jun 2019
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 379
26.

Bail, Jail, and Pretrial Misconduct: The Influence of Prosecutors

George Mason Legal Studies Research Paper No. LS 19-08
Number of pages: 49 Posted: 25 Feb 2019 Last Revised: 19 Jan 2020
Working Paper Series
University of Pennsylvania and George Mason University - Antonin Scalia Law School, Faculty
Downloads 1,466
27.

Are Corporations People? Book Review of We the Corporations: How American Businesses Won Their Civil Rights

Claremont Review of Books, Winter 2018/19 , George Mason Legal Studies Research Paper No. LS 19-07
Number of pages: 6 Posted: 19 Feb 2019
Working Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 357
28.

Justice Scalia's Eighth Amendment Jurisprudence: The Failure of Sake-of-Argument Originalism

Harvard Journal of Law and Public Policy, Vol. 42, No. 1, 2019, George Mason Legal Studies Research Paper No. LS 19-06
Number of pages: 83 Posted: 13 Feb 2019
Working Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 131
29.

Foot Voting and the Future of Liberty

Todd Henderson, ed., The Cambridge Handbook of Classical Liberal Thought (Cambridge University Press, 2018)., George Mason Legal Studies Research Paper No. LS 19-01
Number of pages: 25 Posted: 08 Jan 2019 Last Revised: 17 Jan 2019
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 116
30.

The Constitutionality of Immigration Sanctuaries and Anti-Sanctuaries: Originalism, Current Doctrine, and a Second-Best Alternative

21 University of Pennsylvania Journal of Constitutional Law 991 (2019), George Mason Legal Studies Research Paper No. LS 18-37
Number of pages: 35 Posted: 18 Dec 2018 Last Revised: 09 Jun 2019
Accepted Paper Series
George Mason University School of Law
Downloads 80
31.

Constitutional Hardball Yes, Asymmetric Not so Much

Columbia Law Review Online, George Mason Legal Studies Research Paper No. LS 18-35
Number of pages: 28 Posted: 14 Dec 2018
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 714
32.

Statutes, Common-Law Rights, and the Mistaken Classification of Patents as Public Rights

Iowa Law Review, Forthcoming, George Mason Legal Studies Research Paper No. LS 18-36
Number of pages: 22 Posted: 30 Nov 2018 Last Revised: 12 Dec 2018
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 178
33.

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 209
34.

'Officers' in the Supreme Court: Lucia v. SEC

Cato Supreme Court Review, 2017-2018, George Mason Legal Studies Research Paper No. LS 18-33
Number of pages: 35 Posted: 04 Nov 2018 Last Revised: 14 Dec 2018
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 47
35.

Deregulatory Cost-Benefit Analysis and Regulatory Stability

68 Duke L.J. 1593 (2019), George Mason Legal Studies Research Paper No. LS 18-32
Number of pages: 50 Posted: 25 Oct 2018 Last Revised: 11 May 2019
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 82
36.

Is This Any Way to Make Civil Rights Law? Judicial Extension of 'Marital Status' Nondiscrimination to Protect Cohabitants

Georgetown Journal of Law & Public Policy, Volume 17, Number 1 (Winter 2019), George Mason Legal Studies Research Paper No. LS 18-31
Number of pages: 41 Posted: 23 Oct 2018 Last Revised: 21 Jun 2019
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 73
37.

Regulatory Fracture Plugging: Managing Risks to Water from Shale Development

Forthcoming, Texas A&M Law Review, George Mason Legal Studies Research Paper No. LS 18-26
Number of pages: 24 Posted: 06 Sep 2018 Last Revised: 10 Sep 2018
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 33
38.

Legal Sufficiency of Statistical Evidence

George Mason Legal Studies Research Paper No. LS 18-29
Number of pages: 30 Posted: 05 Sep 2018 Last Revised: 31 May 2019
Working Paper Series
University of California, Berkeley - School of Law and George Mason University - Antonin Scalia Law School
Downloads 177
39.

Response to the Proposed Changes to the Claim Construction Standard for Interpreting Claims in Trial Proceedings Before the Patent Trial and Appeal Board

University of Illinois College of Law Legal Studies Research Paper No. 18-32, Georgia Tech Scheller College of Business Research Paper No. 18-35, University of Missouri School of Law Legal Studies Research Paper, Stanford Public Law Working Paper, George Mason Legal Studies Research Paper No. LS 18-28
Number of pages: 9 Posted: 28 Aug 2018 Last Revised: 24 Sep 2018
Working Paper Series
University of Richmond - School of Law, University of Missouri School of Law, Georgia Institute of Technology - Scheller College of Business, Indiana University Maurer School of Law, University of Illinois College of Law, Stanford Law School, George Mason University - Antonin Scalia Law School, Faculty, Duke University School of Law, University of San Diego School of Law and Texas A&M University School of Law
Downloads 83
40.

The Bimetallic Question in the Valley of Fear

33 Sherlock Holmes Journal 156 (Summer 2018), George Mason Legal Studies Research Paper No. LS 19-05
Number of pages: 4 Posted: 27 Aug 2018 Last Revised: 11 Feb 2019
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 27
41.

Thurgood Marshall and (and Versus) John W. Davis

8 Journal of Law 1 (2018), George Mason Legal Studies Research Paper No. LS 18-25
Number of pages: 6 Posted: 17 Aug 2018 Last Revised: 31 Aug 2018
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 95
42.

Gundy v. United States: Reflections on the Court and the State of the Nondelegation Doctrine

George Mason Law Review, Forthcoming, George Mason Legal Studies Research Paper No. LS 18-27
Number of pages: 26 Posted: 16 Aug 2018 Last Revised: 14 Nov 2018
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 178
43.

Nationwide Injunctions’ Governance Problems: Forum-Shopping, Politicizing Courts, and Eroding Constitutional Structure

George Mason Law Review, Forthcoming, George Mason Legal Studies Research Paper No. LS 18-22
Number of pages: 61 Posted: 15 Aug 2018 Last Revised: 05 Jun 2019
Working Paper Series
Center for the Rule of Law
Downloads 146
44.

A Grand Game Introduction, or the Rise and Demise of 'Sherlock Holmes'

2 The Newspapers 25 (2018), George Mason Legal Studies Research Paper No. LS 18-24
Number of pages: 5 Posted: 12 Jul 2018 Last Revised: 31 Aug 2018
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 45
45.

The Adventure of the Ambulant Doctor

Green Bag Single-Sheet Classic #7 (2018), George Mason Legal Studies Research Paper No. LS 18-21
Number of pages: 2 Posted: 25 Jun 2018 Last Revised: 24 Jul 2018
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 33
46.

Originalism and the Common Law Infancy Defense

American University Law Review, Vol. 67, George Mason Legal Studies Research Paper No. LS 18-18
Number of pages: 27 Posted: 19 Jun 2018 Last Revised: 20 Jun 2018
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 60
47.

Ranking the Olympians Before U.S. News: When Vanity Fair and The Bookman Told Their Readers Who Really Mattered

21 Green Bag 2d 241 (2018), George Mason Legal Studies Research Paper No. LS 18-17
Number of pages: 19 Posted: 04 Jun 2018 Last Revised: 11 Jun 2018
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 73
48.

Five Little Lessons in Lawyering from Thurgood Marshall

Oklahoma Law Review, Vol. 70, 2018, George Mason Legal Studies Research Paper No. LS 18-19
Number of pages: 13 Posted: 24 May 2018 Last Revised: 06 Jul 2018
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 152
49.

Why Growing Government is a Greater Political Menace than Growing Inequality

Boston University Law Review Online, Vol. 98, pp. 21-26, 2018 (Symposium on Ganesh Sitaraman, "The Crisis of the Middle-Class Constitution"), George Mason Legal Studies Research Paper No. LS 18-16
Number of pages: 7 Posted: 08 May 2018
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 138
50.

Love, Understanding & Justice

Re-readings III at 1 (2018), George Mason Legal Studies Research Paper No. LS 18-15
Number of pages: 4 Posted: 03 May 2018 Last Revised: 08 May 2018
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 43