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University of Minnesota Law School Legal Studies Research Paper Series

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1.

Constitutional Curiosities: a Twenty-One Question Scavenger Hunt

Minnesota Legal Studies Research Paper No. 06-45
Number of pages: 8 Posted: 08 Sep 2006
Working Paper Series
Michigan State University - College of Law
Downloads 6,734
2.

Four Free Speech Goals for Trademark Law

Media & Entertainment Law Journal, Vol. 18, 2008, Minnesota Legal Studies Research Paper No. 08-09
Number of pages: 20 Posted: 10 Mar 2008
Accepted Paper Series
University of Minnesota Law School
Downloads 3,715
3.

Contract Law Theory

Minnesota Legal Studies Research Paper No. 06-12
Number of pages: 51 Posted: 23 Mar 2006
Working Paper Series
University of Minnesota Law School
Downloads 3,526
4.

Public Pension Plan Reform: The Legal Framework

Education, Finance & Policy, Vol. 5, 2010, Minnesota Legal Studies Research No. 10-13
Number of pages: 41 Posted: 24 Mar 2010
Accepted Paper Series
University of Minnesota - Twin Cities - School of Law
Downloads 3,243
5.

Hard vs. Soft Law: Alternatives, Complements and Antagonists in International Governance

Minnesota Law Review, Vol. 94, pp. 706-99, 2010, Minnesota Legal Studies Research Paper No. 09-23
Number of pages: 95 Posted: 03 Jul 2009 Last Revised: 25 Oct 2010
Accepted Paper Series
University of California, Irvine School of Law and Temple University - Department of Political Science
Downloads 2,964
6.

Policy Levers in Patent Law

Virginia Law Review, Vol. 89, p. 1575, 2003, Minnesota Public Law Research Paper No. 03-11, UC Berkeley Public Law Research Paper No. 135
Number of pages: 122 Posted: 07 Aug 2003 Last Revised: 03 Oct 2015
Accepted Paper Series
Stanford Law School and University of California, Irvine School of Law
Downloads 2,935
7.

Legal Positivism

BLACKWELL GUIDE TO THE PHILOSOPHY OF LAW AND LEGAL THEORY, Martin P. Golding & William A. Edmundson, eds., Blackwell, 2005
Number of pages: 22 Posted: 24 Jan 2003
Accepted Paper Series
University of Minnesota Law School
Downloads 2,702
8.

Open Source Patenting

Minnesota Legal Studies Research Paper No. 05-7
Number of pages: 11 Posted: 08 Jan 2005
Accepted Paper Series
Independent and University of California, Irvine School of Law
Downloads 2,404
9.

Coase Theorem

NEW PALGRAVE DICTIONARY OF ECONOMICS, 2nd ed., L. Blume and S. Durlaufe, eds., Macmillan Ltd., 2007, Minnesota Legal Studies Research Paper No. 07-12
Number of pages: 19 Posted: 20 Apr 2007
Accepted Paper Series
University of Minnesota - Law School
Downloads 2,346
10.

Judicial Precedents in Civil Law Systems: A Dynamic Analysis

International Review of Law and Economics, Forthcoming, George Mason Law & Economics Research Paper No. 04-15, Minnesota Legal Studies Research Paper No. 07-19
Number of pages: 25 Posted: 22 Apr 2004
Accepted Paper Series
George Washington University - Department of Economics and University of Minnesota - Law School
Downloads 2,171
11.

Robert Alexy's Radbruch Formula, and the Nature of Legal Theory

Rechtstheorie, Vol. 37, pp. 139-149, 2006, Minnesota Legal Studies Research Paper 06-13
Number of pages: 11 Posted: 23 Mar 2006
Accepted Paper Series
University of Minnesota Law School
Downloads 2,158
12.

The Prohibition on Torture and the Limits of the Law

TORTURE, Sanford Levinson, ed., Oxford University Press, 2004
Number of pages: 32 Posted: 10 Jan 2004
Accepted Paper Series
University of Minnesota Law School
Downloads 1,878
13.

Joseph Raz and Conceptual Analysis

American Philosophical Association Newsletter on Philosophy and Law, Vol. 6, No. 2, Spring 2007, Minnesota Legal Studies Research Paper No. 06-65
Number of pages: 7 Posted: 05 Dec 2006 Last Revised: 25 Jan 2009
Accepted Paper Series
University of Minnesota Law School
Downloads 1,870
14.

Reevaluating Standardized Insurance Policies

University of Chicago Law Review, Vol. 78, p. 1263, 2011, Minnesota Legal Studies Research Paper No. 10-65
Number of pages: 88 Posted: 06 Oct 2010 Last Revised: 29 Nov 2011
Accepted Paper Series
University of Minnesota Law School
Downloads 1,832
15.

Consent in Contract Law

THE ETHICS OF CONSENT: THEORY AND PRACTICE, Alan Wertheimer, Franklin G. Miller, eds., Oxford University Press, 2010, Minnesota Legal Studies Research Paper No. 08-36
Number of pages: 30 Posted: 03 Jun 2008 Last Revised: 31 Oct 2011
Accepted Paper Series
University of Minnesota Law School
Downloads 1,762
16.

Is Patent Law Technology-Specific?

Berkeley Technology Law Journal, Vol. 17, p. 1155, 2002, Minnesota Public Law Research Paper No. 02-14, UC Berkeley Public Law Research Paper No. 106
Number of pages: 52 Posted: 14 Nov 2002 Last Revised: 03 Oct 2015
Accepted Paper Series
University of California, Irvine School of Law and Stanford Law School
Downloads 1,695
17.

Optimal Remedies for Bilateral Contracts

Minnesota Legal Studies Research Paper No. 07-45
Number of pages: 48 Posted: 11 Oct 2007 Last Revised: 03 Jun 2009
Working Paper Series
University of Minnesota - Law School, Università degli studi di Modena e Reggio Emilia (UNIMORE) - Faculty of Business and Economics and George Washington University - Department of Economics

Multiple version iconThere are 2 versions of this paper

Downloads 1,629
18.

Law and Neuroscience

LAW AND NEUROSCIENCE, (Aspen 2014, Forthcoming), Vanderbilt Public Law Research Paper 14-12, Minnesota Legal Studies Research Paper No. 14-19
Number of pages: 41 Posted: 19 Mar 2014 Last Revised: 27 May 2014
Accepted Paper Series
Vanderbilt University - Law School & Dept. of Biological Sciences, Vanderbilt University - Department of Psychology and University of Minnesota Law School
Downloads 1,522
19.

The Essential Facilities Doctrine

ANTITRUST LAW AND ECONOMICS, Keith N. Hylton, ed., Edward Elgar Publishing, 2008, Minnesota Legal Studies Research Paper No. 08-18
Number of pages: 24 Posted: 25 Apr 2008 Last Revised: 14 Jul 2008
Accepted Paper Series
University of Minnesota Law School
Downloads 1,415
20.

There's No Such Thing as Biopiracy...And it's a Good Thing Too

McGeorge Law Review, Vol. 37, 2006, Minnesota Public Law Research Paper No. 05-29
Number of pages: 33 Posted: 17 Aug 2005 Last Revised: 04 Dec 2014
Accepted Paper Series
Michigan State University - College of Law
Downloads 1,386
21.

Law as an Autonomous Discipline

Minnesota Public Law Research Paper No. 02-8, THE OXFORD HANDBOOK OF LEGAL STUDIES, Peter Cane & Mark Tushnet, eds., pp. 975-987, Oxford University Press, 2003
Number of pages: 14 Posted: 10 Sep 2007
Accepted Paper Series
University of Minnesota Law School
Downloads 1,376
22.

Are Torture Warrants Warranted? Pragmatic Absolutism and Official Disobedience

Minnesota Law Review, Vol. 88, 2004
Number of pages: 76 Posted: 07 Apr 2004
Accepted Paper Series
University of Minnesota Law School
Downloads 1,375
23.

Extraordinary Rendition: A Human Rights Analysis

Harvard Human Rights Journal, Vol. 19, p. 123, 2006, Minnesota Legal Studies Research Paper No. 06-33
Number of pages: 38 Posted: 14 Aug 2006
Accepted Paper Series
University of Minnesota Law School and University of Minnesota Law School
Downloads 1,367
24.

Filburn's Legacy

Emory Law Journal, Vol. 52, p. 1719, 2003, Minnesota Legal Studies Research Paper No. 06-24
Number of pages: 51 Posted: 08 May 2006
Accepted Paper Series
Michigan State University - College of Law
Downloads 1,337
25.

The Supreme Court's Gatekeepers: The Role of Law Clerks in the Certiorari Process

Texas Law Review, Vol. 85, 2007, Minnesota Legal Studies Research Paper No. 06-61
Number of pages: 51 Posted: 19 Oct 2006
Accepted Paper Series
Minnesota Supreme Court
Downloads 1,301
26.

Varieties of New Legal Realism: Can a New World Order Prompt a New Legal Theory?

Cornell Law Review, Vol. 95, p. 61, 2009, Minnesota Legal Studies Research Paper No. 09-17
Number of pages: 79 Posted: 17 May 2009 Last Revised: 24 Feb 2010
Accepted Paper Series
Georgetown University Law Center and University of California, Irvine School of Law
Downloads 1,266
27.

How Does International Law Work: What Empirical Research Shows

OXFORD HANDBOOK OF EMPIRICAL LEGAL STUDIES, eds., Peter Cane & Herbert Kritzer, 2010, Minnesota Legal Studies Research Paper No. 09-54
Number of pages: 27 Posted: 19 Dec 2009 Last Revised: 04 Feb 2010
Working Paper Series
University of Chicago Law School and University of California, Irvine School of Law
Downloads 1,254
28.

Are Senior Judges Unconstitutional?

Cornell Law Review, Vol. 92, 2007, Minnesota Legal Studies Research Paper No. 06-10
Number of pages: 70 Posted: 03 Mar 2006
Accepted Paper Series
Minnesota Supreme Court and Indiana University Maurer School of Law
Downloads 1,223
29.

Will Employers Undermine Health Care Reform by Dumping Sick Employees?

Virginia Law Review, Vol. 97, p. 125, 2011, Minnesota Legal Studies Research Paper No. 10-37
Number of pages: 74 Posted: 02 Aug 2010 Last Revised: 04 May 2011
Accepted Paper Series
University of Minnesota - Twin Cities - School of Law and University of Minnesota Law School
Downloads 1,218
30.

Criminalizing Cartels: A Global Trend?

Chapter in Research Handbook on Comparative Competition Law, eds. John Duns, Arlen Duke, and Brendan Sweeney (Edgar Elgar, 2015), Sedona Conference Journal, Vol. 12, 2011, Minnesota Legal Studies Research Paper No. 11-26
Number of pages: 37 Posted: 04 Jul 2013 Last Revised: 14 Mar 2016
Accepted Paper Series
University of California, Irvine School of Law, University of Minnesota Law School and Loyola University of Chicago, School of Law - Institute for Consumer Antitrust Studies
Downloads 1,216
31.

A Cognitive Theory of Trust

Minnesota Legal Studies Research Paper No. 05-51
Number of pages: 62 Posted: 13 Dec 2005
Working Paper Series
University of Minnesota, Twin Cities - School of Law and Florida State University - College of Law
Downloads 1,196
32.

Diverging Perspectives on Electronic Contracting in the U.S. And the E.U.

Cleveland State Law Review, Vol. 54, pp. 175-190, 2006, Minnesota Legal Studies Research Paper No. 06-15
Number of pages: 16 Posted: 30 Mar 2006 Last Revised: 15 May 2014
Accepted Paper Series
University of Minnesota Law School and University of Washington - School of Law
Downloads 1,190
33.

Developing Country Use of the WTO Dispute Settlement System: Why it Matters, the Barriers Posed

TRADE DISPUTES AND THE DISPUTE SETTLEMENT UNDERSTANDING OF THE WTO: AN INTERDISCIPLINARY ASSESSMENT, James Hartigan, ed., Elsevier, Frontiers of Economics and Globalization Series, Chapter 7, 2009, Minnesota Legal Studies Research Paper No. 08-50
Number of pages: 25 Posted: 26 Dec 2008
Accepted Paper Series
University of California, Irvine School of Law
Downloads 1,172
34.

Why Did Rating Agencies Do Such a Bad Job Rating Subprime Securities?

University of Pittsburgh Law Review, Forthcoming, Minnesota Legal Studies Research Paper 10-18
Number of pages: 25 Posted: 02 Apr 2010 Last Revised: 15 Apr 2010
Accepted Paper Series
University of Minnesota, Twin Cities - School of Law
Downloads 1,155
35.

Bad Arguments Against Gay Marriage

Minnesota Legal Studies Research Paper No. 05-42
Number of pages: 46 Posted: 25 Oct 2005
Working Paper Series
Southern Methodist University - Dedman School of Law
Downloads 1,087
36.

Disclosure, Endorsement, and Identity in Social Marketing

University of Illinois Law Review, 2009, Minnesota Legal Studies Research Paper No. 09-04
Number of pages: 63 Posted: 01 Feb 2009 Last Revised: 01 Jul 2009
Accepted Paper Series
University of Minnesota Law School
Downloads 1,050
37.

On Philosophy in American Law: Analytical Legal Philosophy

ON PHILOSOPHY IN AMERICAN LAW, Francis J. Mootz, III, ed., Cambridge University Press, 2009, Minnesota Legal Studies Research Paper No. 08-05
Number of pages: 6 Posted: 26 Jan 2008 Last Revised: 18 Feb 2008
Accepted Paper Series
University of Minnesota Law School
Downloads 1,049
38.

Transnational Legal Process and State Change

Law and Society Inquiry, 2012, New York University Institute for International Law and Justice No. 2010/4, APSA 2011 Annual Meeting Paper, Society of International Economic Law (SIEL), Second Biennial Global Conference University of Barcelona, IELPO Programme, July 8-10, 2010, Minnesota Legal Studies Research Paper No. 10-28
Number of pages: 54 Posted: 01 Aug 2011 Last Revised: 05 Jun 2014
Accepted Paper Series
University of California, Irvine School of Law
Downloads 1,022
39.

Anti-Circumvention Misuse

UCLA Law Review, Vol. 50, 2003, Minnesota Public Law Research Paper No. 02-10
Number of pages: 46 Posted: 16 Aug 2002 Last Revised: 10 Oct 2015
Accepted Paper Series
University of California, Irvine School of Law
Downloads 1,008
40.

The Empirical Turn in International Legal Scholarship

American Journal of International Law, Vol. 106, p. 1, January 2012, Minnesota Legal Studies Research Paper No. 12-09
Number of pages: 48 Posted: 14 Feb 2012 Last Revised: 05 Jun 2014
Accepted Paper Series
University of California, Irvine School of Law and University of Chicago Law School
Downloads 1,008
41.

Biodiversity and Biotechnology: A Misunderstood Relation

Michigan State Law Review, Vol. 51, 2005, Minnesota Legal Studies Research Paper No. 05-24
Number of pages: 52 Posted: 18 Aug 2005
Accepted Paper Series
Michigan State University - College of Law
Downloads 1,005
42.

John Austin and Constructing Theories of Law

Minnesota Legal Studies Research Paper No. 10-07
Number of pages: 17 Posted: 12 Jan 2010 Last Revised: 30 Oct 2010
Working Paper Series
University of Minnesota Law School
Downloads 988
43.

The WTO Tuna-Dolphin II Case: United States — Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products

American Journal of International Law, Issue 1, 2013, Minnesota Legal Studies Research Paper No. 12-62
Number of pages: 10 Posted: 17 Nov 2012 Last Revised: 20 Nov 2012
Accepted Paper Series
University of California, Irvine School of Law
Downloads 964
44.

Designing Optimal Software Patents

Minnesota Legal Studies Research Paper No. 05-11; Stanford Public Law Working Paper No. 108
Number of pages: 29 Posted: 22 Apr 2005
Accepted Paper Series
University of California, Irvine School of Law and Stanford Law School
Downloads 958
45.

The Rule of Reason and the Goals of Antitrust: An Economic Approach

Antitrust Law Journal , Vol. 78, No. 2, 2012, Minnesota Legal Studies Research Paper No. 13-04
Number of pages: 34 Posted: 14 Apr 2012 Last Revised: 23 Sep 2015
Accepted Paper Series
University of Florida - Warrington College of Business Administration - Department of Economics and University of Florida - Levin College of Law
Downloads 947
46.

The Legacy of Bryan v. Itasca County: How a $147 County Tax Notice Helped Bring Tribes $200 Billion in Indian Gaming Revenue

Minnesota Law Review, Forthcoming, Harvard Public Law Working Paper No. 07-14, Minnesota Legal Studies Research Paper No. 07-37
Number of pages: 52 Posted: 31 Aug 2007 Last Revised: 06 Jul 2010
Accepted Paper Series
University of New Mexico - School of Law
Downloads 945
47.

Extraordinary Rendition and the Torture Convention

Virginia Journal of International Law, Vol. 46, p. 585, 2006, Minnesota Legal Studies Research Paper No. 06-39
Number of pages: 66 Posted: 23 Aug 2006
Accepted Paper Series
University of Minnesota Law School and University of Minnesota Law School
Downloads 935
48.

The Comparative Law and Economics of Standard-Essential Patents and FRAND Royalties

Texas Intellectual Property Law Journal, Forthcoming, Minnesota Legal Studies Research Paper No. 13-40
Number of pages: 51 Posted: 31 Aug 2013 Last Revised: 20 Dec 2014
Accepted Paper Series
University of Minnesota Law School
Downloads 935
49.

Hard and Soft Law: What Have We Learned?

in International Law and International Relations: Insights from Interdisciplinary Scholarship, Jeffrey L. Dunoff and Mark A. Pollack (eds.),(New York: Cambridge University Press, 2012), Minnesota Legal Studies Research Paper No. 12-17
Number of pages: 28 Posted: 25 Apr 2012 Last Revised: 03 May 2012
Accepted Paper Series
University of California, Irvine School of Law and Temple University - Department of Political Science
Downloads 934
50.

Legal Philosophy in America

THE OXFORD HANDBOOK OF AMERICAN PHILOSOPHY, Cheryl Misak, ed., Forthcoming, Minnesota Legal Studies Research Paper No. 08-14
Number of pages: 29 Posted: 21 Feb 2008 Last Revised: 17 Apr 2008
Accepted Paper Series
University of Minnesota Law School
Downloads 926