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

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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
Tilburg Law & Economics Center (TILEC)
Downloads 1,927
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 867
3.

Who Are "Officers of the United States"?

Stanford Law Review, Forthcoming, George Mason Legal Studies Research Paper No. LS 17-21
Number of pages: 122 Posted: 16 Feb 2017 Last Revised: 02 Mar 2018
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 860
4.

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 516
5.

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 454
6.

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
Tilburg Law & Economics Center (TILEC), U.S. Court of Appeals for the District of Columbia Circuit and Independent
Downloads 435
7.

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, Qualcomm Incorporated and George Mason University - Antonin Scalia Law School, Faculty
Downloads 398
8.

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 377
9.

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 325
10.

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 304
11.

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 292
12.

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 284
13.

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 Qualcomm Incorporated
Downloads 275
14.

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 270
15.

Trademark as a Property Right

George Mason Law & Economics Research Paper No. 17-15
Number of pages: 29 Posted: 29 Mar 2017 Last Revised: 06 Apr 2017
Working Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 267
16.

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 247
17.

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 243
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 231
19.

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 228
20.

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 220
21.

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 219
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 217
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 217
24.

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 216
25.

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 213
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 208
27.

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 206
28.

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 198
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 196
30.

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 192
31.

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 192
32.

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 191
33.

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 186
34.

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 179
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: 22 Posted: 07 Dec 2016
Accepted Paper Series
George Mason University School of Law
Downloads 166
36.

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 166
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 160
38.

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 160
39.

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 151
40.

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 149
41.

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 148
42.

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, Qualcomm Incorporated and George Mason University - Antonin Scalia Law School, Faculty
Downloads 137
43.

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 136
44.

Our Polarized, Presidential Federalism

Parchment Barriers: Political Polarization and the Limits of Constitutional Order (Zachary C. Courser, Eric A. Helland & Kenneth P. Miller, eds.) (2017, Forthcoming), George Mason Legal Studies Research Paper No. LS 16-37
Number of pages: 33 Posted: 16 Dec 2016
Working Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 126
45.

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 126
46.

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 123
47.

Comment on the Canadian Competition Bureau's Draft Updated Intellectual Property Enforcement Guidelines

George Mason Legal Studies Research Paper No. LS 15-14, George Mason Law & Economics Research Paper No. 15-31
Number of pages: 26 Posted: 05 Sep 2015
Working Paper Series
George Mason University - Antonin Scalia Law School, Faculty and U.S. Court of Appeals for the District of Columbia Circuit
Downloads 121
48.

Taking Steel Seizure Seriously: The Iran Nuclear Agreement and the Separation of Powers

Fordham Law Review, Vol. 86, No. 3, p. 1199, December 2017, NYU School of Law, Public Law Research Paper No. 17-03, George Mason Legal Studies Research Paper No. LS 17-04
Number of pages: 53 Posted: 24 Jan 2017 Last Revised: 06 Dec 2017
Accepted Paper Series
New York University Law School and George Mason University
Downloads 117
49.

Labor, Exclusion, and Flourishing in Property Law

95 North Carolina Law Review pp. 413-491 (2017), George Mason Legal Studies Research Paper No. LS 16-19
Number of pages: 81 Posted: 27 Sep 2015 Last Revised: 14 Dec 2017
Accepted Paper Series
George Mason University
Downloads 113
50.

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 111