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

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Viewing: 1 - 50 of 160 papers

1.

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 220
2.

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: 43 Posted: 17 Sep 2019 Last Revised: 07 Oct 2019
Accepted Paper Series
George Mason University School of Law
Downloads 64
3.

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: 11 Sep 2019
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 173
4.

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 123
5.

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 52
6.

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
Accepted Paper Series
George Mason University School of Law
Downloads 57
7.

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 64
8.

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 40
9.

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
Number of pages: 58 Posted: 08 May 2019
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 26
10.

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 209
11.

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
12.

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 60
13.

Misdemeanors by the Numbers

Boston College Law Review, Forthcoming, University of Georgia School of Law Legal Studies Research Paper No. 2019-14, George Mason Legal Studies Research Paper No. LS 19-03
Number of pages: 61 Posted: 19 Apr 2019 Last Revised: 28 Apr 2019
Working Paper Series
University of Georgia School of Law and George Mason University - Antonin Scalia Law School, Faculty
Downloads 314
14.

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 296
15.

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 1,167
16.

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 342
17.

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 115
18.

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 112
19.

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 75
20.

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
21.

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 169
22.

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 202
23.

'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 44
24.

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 80
25.

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 70
26.

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 31
27.

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 Pennsylvania Law School and George Mason University - School of Law
Downloads 169
28.

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 74
29.

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 25
30.

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 93
31.

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 167
32.

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 120
33.

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 41
34.

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 30
35.

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 58
36.

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
37.

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 151
38.

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 135
39.

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
40.

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: 06 Mar 2019
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 197
41.

The Telegraph

A History of Intellectual Property in 50 Objects, Dan Hunter & Claudy Op de Kamp eds. (Cambridge University Press, 2018), George Mason Legal Studies Research Paper No. LS 18-11
Number of pages: 9 Posted: 10 Apr 2018 Last Revised: 25 Apr 2018
Working Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 115
42.

Judicial Supremacy: Palladium of Liberty or Academic Paradox?

33 Constitutional Commentary 101 (2018), George Mason Legal Studies Research Paper No. LS 18-10
Number of pages: 26 Posted: 07 Apr 2018
Accepted Paper Series
George Mason University School of Law
Downloads 61
43.

Liberal Nationalism

E Pluribus: Is America Still a Country? (Bradley Watson, ed., 2018 Forthcoming), George Mason Legal Studies Research Paper No. LS 18-09
Number of pages: 19 Posted: 07 Apr 2018
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty

Multiple version iconThere are 2 versions of this paper

Downloads 27
44.

The Enforcement of Virtue

32 Social Philosophy and Policy (forthcoming 2018), George Mason Legal Studies Research Paper No. LS 18-08
Number of pages: 19 Posted: 07 Apr 2018
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 44
45.

The Poverty of Conservative Philosophy

60 Modern Age, Spring 2018, George Mason Legal Studies Research Paper No. LS 18-07
Number of pages: 10 Posted: 07 Apr 2018
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 78
46.

Curbing Its Enthusiasm: U.S. Federal Policy and the Unitary Family

2 Iɴᴛ’ʟ. J. Jᴜʀɪs. Fᴀᴍ. 107 (2011),
Number of pages: 42 Posted: 03 Apr 2018 Last Revised: 13 Jul 2018
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty

Multiple version iconThere are 2 versions of this paper

Downloads 8
47.

What the Founders Missed About Whist (Preface)

2018 Green Bag Almanac & Reader 1, George Mason Legal Studies Research Paper No. LS 18-14
Number of pages: 14 Posted: 02 Apr 2018 Last Revised: 08 May 2018
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 47
48.

A Children's Rights Perspective Dissent from Obergefell

George Mason Legal Studies Research Paper No. LS 18-06
Number of pages: 16 Posted: 27 Mar 2018
Working Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 130
49.

Now We Know Better: A New Legal Framework on Sex to Better Promote Autonomy, Equality, Diversity, and Care for the Poor

Buffalo Law Review Forthcoming, George Mason Legal Studies Research Paper No. LS 18-05
Number of pages: 31 Posted: 26 Mar 2018
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 66
50.

Food Law and Policy: An Essential Part of Today's Legal Academy

Journal of Food Law and Policy, Vol. 13, p. 228, 2018
Number of pages: 44 Posted: 16 Mar 2018
Accepted Paper Series
Harvard Law School and Independent
Downloads 51