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

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Viewing: 1 - 50 of 153 papers

1.

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 19
2.

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 13
3.

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 192
4.

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
5.

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

George Mason Legal Studies Research Paper No. LS 19-04
Number of pages: 45 Posted: 03 May 2019
Working Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 41
6.

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 189
7.

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 189
8.

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 835
9.

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 304
10.

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 90
11.

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 106
12.

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 73
13.

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 699
14.

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 155
15.

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 191
16.

'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 40
17.

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 68
18.

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 66
19.

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
20.

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 133
21.

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 65
22.

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
23.

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
24.

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 124
25.

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 95
26.

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 39
27.

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 25
28.

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 54
29.

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
30.

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 142
31.

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 126
32.

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
33.

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 186
34.

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 110
35.

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 56
36.

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 25
37.

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
38.

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 70
39.

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
40.

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 40
41.

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 117
42.

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 64
43.

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 42
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: 71 Posted: 12 Mar 2018 Last Revised: 30 Jan 2019
Accepted Paper Series
George Mason University
Downloads 190
45.

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 160
46.

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 80
47.

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
48.

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
49.

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
50.

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 234