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

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Viewing: 1 - 50 of 148 papers

1.

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”), Forthcoming, George Mason Legal Studies Research Paper No. LS 19-02,
Number of pages: 79 Posted: 07 Mar 2019 Last Revised: 17 Mar 2019
Working Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 119
2.

Evaluating the Impacts of Eliminating Prosecutorial Requests for Cash Bail

George Mason Legal Studies Research Paper No. LS 19-08
Number of pages: 35 Posted: 25 Feb 2019
Working Paper Series
University of Pennsylvania and George Mason University - Antonin Scalia Law School, Faculty
Downloads 673
3.

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 287
4.

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 82
5.

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 102
6.

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

University of Pennsylvania Journal of Constitutional Law, Forthcoming, George Mason Legal Studies Research Paper No. LS 18-37
Number of pages: 33 Posted: 18 Dec 2018 Last Revised: 22 Mar 2019
Working Paper Series
George Mason University School of Law
Downloads 65
7.

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 504
8.

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 147
9.

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 185
10.

'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 35
11.

Deregulatory Cost-Benefit Analysis and Regulatory Stability

Duke Law Journal, Forthcoming, George Mason Legal Studies Research Paper No. LS 18-32
Number of pages: 50 Posted: 25 Oct 2018 Last Revised: 07 Mar 2019
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 60
12.

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

Georgetown Journal of Law & Public Policy, Forthcoming, George Mason Legal Studies Research Paper No. LS 18-31
Number of pages: 41 Posted: 23 Oct 2018
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 60
13.

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 27
14.

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: 27 Sep 2018
Working Paper Series
University of Pennsylvania Law School and George Mason University - School of Law
Downloads 117
15.

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 57
16.

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 20
17.

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 92
18.

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 113
19.

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

George Mason Legal Studies Research Paper No. LS 18-22
Number of pages: 62 Posted: 15 Aug 2018 Last Revised: 08 Nov 2018
Working Paper Series
Center for the Rule of Law
Downloads 81
20.

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 36
21.

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 23
22.

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 53
23.

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 72
24.

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 140
25.

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 122
26.

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
27.

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 179
28.

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 107
29.

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 54
30.

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 24
31.

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 42
32.

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 69
33.

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 7
34.

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 38
35.

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 115
36.

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 63
37.

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 40
38.

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: 71 Posted: 12 Mar 2018 Last Revised: 30 Jan 2019
Accepted Paper Series
George Mason University
Downloads 179
39.

Ensuring Only Good Claims Come in Small Packages: A Response to Scholarly Concerns About a Proposed Small Copyright Claims Tribunal

George Mason Legal Studies Research Paper No. LS 18-02
Number of pages: 34 Posted: 24 Feb 2018 Last Revised: 10 Mar 2018
Working Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 136
40.

The Dynamic Stability of Progressive Taxation

National Tax Journal, Vol. 71, No. 1, 2018
Number of pages: 8 Posted: 08 Jan 2018 Last Revised: 02 Feb 2018
Accepted Paper Series
University of Illinois College of Business Department of Accountancy and George Mason University School of Law
Downloads 75
41.

Amicus Brief in Fox News v. TVEyes

George Mason Legal Studies Research Paper No. LS 17-20
Number of pages: 41 Posted: 06 Dec 2017
Working Paper Series
George Mason University - Antonin Scalia Law School, Faculty and George Mason University - Antonin Scalia Law School, Faculty
Downloads 22
42.

Amicus Brief in Oracle v. Google

George Mason Legal Studies Research Paper No. LS 17-23
Number of pages: 31 Posted: 06 Dec 2017
Working Paper Series
George Mason University - Antonin Scalia Law School, Faculty, George Mason University, Antonin Scalia Law School, Students/Alumni, George Mason University - Antonin Scalia Law School, Faculty and Cloudigy Law PLLC
Downloads 24
43.

Property Rights and Takings Burdens

Property Rights Conference Journal (2018 Forthcoming), George Mason Legal Studies Research Paper No. LS 17-19
Number of pages: 67 Posted: 16 Nov 2017
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 61
44.

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 232
45.

Using Things, Defining Property

Property Theory, James Penner & Michael Otsuka, eds., Cambridge University Press, 2018 , George Mason Legal Studies Research Paper No. LS 17-17
Number of pages: 31 Posted: 20 Sep 2017 Last Revised: 11 Apr 2019
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 151
46.

The Right to Keep and Bear Arms in the Roberts Court

American Federalism and Public Policy, Christopher P. Banks, ed., chap. 2 (2018), George Mason Legal Studies Research Paper No. LS 17-16
Number of pages: 22 Posted: 20 Sep 2017 Last Revised: 05 Apr 2018
Accepted Paper Series
George Mason University School of Law
Downloads 136
47.

Land Use Regulation and Good Intentions

Journal of Land Use & Environmental Law, V. 33, Forthcoming, George Mason Legal Studies Research Paper No. LS 17-15
Number of pages: 65 Posted: 07 Sep 2017
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 83
48.

Fourth Circuit Shootout: 'Assault Weapons' and the Second Amendment

24 George Mason Law Review 1233 (2017), George Mason Legal Studies Research Paper No. LS 17-13
Number of pages: 19 Posted: 05 Sep 2017 Last Revised: 01 Aug 2018
Accepted Paper Series
George Mason University School of Law
Downloads 98
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 151
50.

Due Process and Delegation: ‘Due Substance’ and Undone Process in the Administrative State

George Mason Legal Studies Research Paper No. LS 17-11
Number of pages: 61 Posted: 15 Jun 2017
Working Paper Series
Center for the Rule of Law
Downloads 82