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Washington University in St. Louis School of Law Legal Studies Research Paper Series

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1.

Heads of State and Other Government Officials Before the International Criminal Court: The Uneasy Revolution Continues

Forthcoming, The Elgar Companion to the International Criminal Court (Margaret DeGuzman and Valerie Oosterveld, eds.) , Washington University in St. Louis Legal Studies Research Paper No. 19-01-12
Number of pages: 48 Posted: 31 Jan 2019
Working Paper Series
Washington University in St. Louis - School of Law
Downloads 18
2.

The U.S. Gun Violence Crisis: Human Rights Perspectives and Remedies

Washington University in St. Louis Legal Studies Research Paper No. 19-01-11
Number of pages: 120 Posted: 31 Jan 2019 Last Revised: 10 Feb 2019
Accepted Paper Series
Washington University in St. Louis - School of Law and Washington University in St. Louis - School of Law
Downloads 32
3.

The Regulatory Accountability Act and the Future of APA Revision

Chicago-Kent Law Review, Vol. 94, No. 2, 2019, Washington University in St. Louis Legal Studies Research Paper No. 18-12-14
Number of pages: 56 Posted: 04 Jan 2019
Accepted Paper Series
Washington University in St. Louis - School of Law
Downloads 17
4.

Constitutional Dialects: The Language of Transnational Legal Orders

Constitution-Making and Transnational Legal Order (Gregory Shaffer, Tom Ginsburg & Terence Halliday eds., Cambridge University Press, 2019, Forthcoming), Washington University in St. Louis Legal Studies Research Paper , University of Hong Kong Faculty of Law Research Paper No. 2019/003
Number of pages: 40 Posted: 02 Jan 2019 Last Revised: 13 Feb 2019
Accepted Paper Series
Washington University in St. Louis - School of Law
Downloads 49
5.

The Developing Brain: New Directions in Science, Policy, and Law--Introduction

57 Washington University Journal of Law & Policy 1 (2018), Washington University in St. Louis Legal Studies Research Paper No. 18-12-10
Number of pages: 14 Posted: 29 Dec 2018 Last Revised: 31 Dec 2018
Working Paper Series
Washington University in St. Louis - School of Law, Washington University in St. Louis - Department of Psychological and Brain Sciences and Washington University in St Louis - Department of Neurology
Downloads 43
6.

Doing Better for Child Migrants

17 Washington University Global Studies Law Review 615 (2018), Washington University in St. Louis Legal Studies Research Paper No. 18-12-02
Number of pages: 13 Posted: 27 Dec 2018
Accepted Paper Series
Washington University in St. Louis - School of Law
Downloads 10
7.

Celebrating Masters & Johnson's Human Sexual Response: A Washington University Legacy in Limbo

53 Washington University Journal of Law & Policy 71 (2017), Washington University in St. Louis Legal Studies Research Paper
Number of pages: 19 Posted: 27 Dec 2018
Accepted Paper Series
Washington University in St. Louis - George Warren Brown School of Social Work and Washington University in St. Louis - School of Law
Downloads 1
8.

Holmes, Humility, and How Not to Kill Each Other

Notre Dame Law Review, Forthcoming, Washington University in St. Louis Legal Studies Research Paper No. 18-11-01
Number of pages: 28 Posted: 19 Dec 2018
Accepted Paper Series
Washington University in St. Louis - School of Law
Downloads 28
9.

How to Save the Supreme Court

Vanderbilt Law Research Paper 18-65, Washington University in St. Louis Legal Studies Research Paper
Number of pages: 35 Posted: 27 Nov 2018 Last Revised: 10 Dec 2018
Working Paper Series
Washington University in St. Louis - School of Law and Vanderbilt Law School
Downloads 448
10.

Labor Unions, Solidarity, and Money

Employee Rights and Employment Policy Journal, Vol. 22, 2018, Washington University in St. Louis Legal Studies Research Paper No. 18-09-01
Number of pages: 74 Posted: 16 Nov 2018
Accepted Paper Series
Washington University in St. Louis - School of Law and Government of the United States of America - Social Security Administration
Downloads 24
11.

Sentencing Reform: Fixing Root Problems

University of Missouri-Kansas City Law Review, Vol. 87, No. 1, 2018, Washington University in St. Louis Legal Studies Research Paper No. 18-10-01
Number of pages: 17 Posted: 28 Oct 2018
Accepted Paper Series
Washington University in St. Louis - School of Law and University of Missouri School of Law

Multiple version iconThere are 2 versions of this paper

Downloads 16
12.

Rents: How Marketing Causes Inequality (Chapter 1)

Rents: How Marketing Causes Inequality, Forthcoming
Number of pages: 40 Posted: 08 Aug 2018
Working Paper Series
Washington University in St. Louis - School of Law
Downloads 186
13.

Discrimination in Online Employment Recruiting

St. Louis University Law Journal, Vol. 63, No. 1, 2019, Washington University in St. Louis Legal Studies Research Paper No. 18-07-02
Number of pages: 29 Posted: 03 Aug 2018
Accepted Paper Series
Washington University in St. Louis - School of Law and Washington University in St. Louis - School of Law
Downloads 107
14.

Fiduciary Principles in Banking Law

Evan J. Criddle, Paul B. Miller, and Robert H. Sitkoff, eds., The Oxford Handbook of Fiduciary Law (New York: Oxford University Press 2018), Washington University in St. Louis Legal Studies Research Paper No. 18-07-01
Number of pages: 31 Posted: 21 Jul 2018
Working Paper Series
Washington University in St Louis - School of Law
Downloads 141
15.

How Feminism Remade American Family Law (And How It Did Not)

Research Handbook on Feminist Jurisprudence (Cynthia Grant Bowman & Robin West eds.) (Edward Elgar Publishing Ltd. Forthcoming), Washington University in St. Louis Legal Studies Research Paper No. 18-06-01
Number of pages: 18 Posted: 27 Jun 2018
Accepted Paper Series
Washington University in St. Louis - School of Law
Downloads 71
16.

Imposed Constitutions and Romantic Constitutions

The Law and Legitimacy of Imposed Constitutions (Albert, Contiades & Fotiadou eds., Routledge 2018 Forthcoming), Washington University in St. Louis Legal Studies Research Paper No. 18-05-01, University of Hong Kong Faculty of Law Research Paper No. 2019/002
Number of pages: 24 Posted: 26 May 2018 Last Revised: 13 Feb 2019
Accepted Paper Series
Washington University in St. Louis - School of Law
Downloads 117
17.

Prosecutors and Use of Subpoenas

33 Criminal Justice 44 (Spring 2018), Washington University in St. Louis Legal Studies Research Paper No. 18-04-02
Number of pages: 6 Posted: 16 Apr 2018
Working Paper Series
Washington University in St. Louis - School of Law and Case Western Reserve University School of Law
Downloads 39
18.

Fiduciary Law, Good Faith and Publicness

Evan J. Criddle, Paul B. Miller, and Robert H. Sitkoff, eds., The Oxford Handbook of Fiduciary Law (New York: Oxford University Press, 2018), Washington University in St. Louis Legal Studies Research Paper No. 18-03-05
Number of pages: 20 Posted: 09 Apr 2018 Last Revised: 30 Apr 2018
Working Paper Series
Georgetown University Law Center
Downloads 171
19.

Sexual Harassment and Solidarity

George Washington Law Review, Forthcoming, Washington University in St. Louis Legal Studies Research Paper No. 18-03-04
Number of pages: 57 Posted: 31 Mar 2018
Accepted Paper Series
Washington University in St. Louis - School of Law and Government of the United States of America - Social Security Administration
Downloads 204
20.

Law's Evolving Emergent Phenomena: From Rules of Social Intercourse to Rule of Law Society

Washington University Law Review, Forthcoming, Washington University in St. Louis Legal Studies Research Paper No. 18-03-03
Number of pages: 40 Posted: 31 Mar 2018
Accepted Paper Series
Washington University in St. Louis - School of Law
Downloads 138
21.

A Contextual and Historical Analysis of the International Law Commission's 2017 Draft Articles for a New Global Treaty on Crimes Against Humanity

Washington University in St. Louis Legal Studies Research Paper No. 18-03-032
Number of pages: 29 Posted: 24 Mar 2018
Working Paper Series
Washington University in St. Louis - School of Law
Downloads 135
22.

Constitutional Inertia and Regime Pluralism in Asia

Constitutional Democracy in Crisis? (Mark Graber, Sanford Levinson & Mark Tushnet eds., Oxford University Press, 2018), Washington University in St. Louis Legal Studies Research Paper No. 18-03-01, University of Hong Kong Faculty of Law Legal Studies Research Paper Series No. 2018/015
Number of pages: 20 Posted: 08 Mar 2018 Last Revised: 18 Aug 2018
Accepted Paper Series
Washington University in St. Louis - School of Law and Institutum Iurisprudentiae, Academia Sinica
Downloads 58
23.

The Purpose (and Limits) of the University

Utah Law Review, 2018 Forthcoming, Washington University in St. Louis Legal Studies Research Paper No. 18-02-03
Number of pages: 42 Posted: 06 Mar 2018
Accepted Paper Series
Washington University in St. Louis - School of Law
Downloads 141
24.

The Uneasy History of Experiential Education in U.S. Law Schools

Dickinson Law Review (2018 Forthcoming), Washington University in St. Louis Legal Studies Research Paper No. 18-02-04
Number of pages: 35 Posted: 02 Mar 2018 Last Revised: 10 Jun 2018
Accepted Paper Series
Washington University in St. Louis - School of Law
Downloads 406
25.

The Third-Party Doctrine and the Future of the Cloud

Washington University Law Review, Vol. 94, No. 1441, 2017, Washington University in St. Louis Legal Studies Research Paper
Number of pages: 52 Posted: 22 Feb 2018
Accepted Paper Series
Washington University School of Law
Downloads 166
26.

Report of Professor Neil Richards in Data Protection Commissioner v. Facebook ('Schrems 2'), Irish High Court 2017.

Washington University in St. Louis Legal Studies Research Paper
Number of pages: 52 Posted: 22 Feb 2018
Working Paper Series
Washington University School of Law
Downloads 169
27.

Harmless Errors and Substantial Rights

131 Harvard Law Review 2117 (2018), Washington University in St. Louis Legal Studies Research Paper
Number of pages: 70 Posted: 16 Feb 2018 Last Revised: 25 Jun 2018
Accepted Paper Series
Washington University in St. Louis - School of Law
Downloads 359
28.

Delinking Reimbursement

Minnesota Law Review, Forthcoming, Washington University in St. Louis Legal Studies Research Paper
Number of pages: 46 Posted: 14 Feb 2018
Accepted Paper Series
Washington University in Saint Louis - School of Law
Downloads 127
29.

Postconviction Prosecutorial Duties

32 Criminal Justice 53 (Winter 2018), Washington University in St. Louis Legal Studies Research Paper No. 18-02-02
Number of pages: 7 Posted: 13 Feb 2018
Working Paper Series
Washington University in St. Louis - School of Law and Case Western Reserve University School of Law
Downloads 79
30.

A Judge's Duty to Do Justice: Assuring the Accused's Right to the Effective Assistance of Counsel

Washington University in St. Louis Legal Studies Research Paper No. 18-02-01, Hofstra Law Review, Vol. 46, No. 139, 2017
Number of pages: 32 Posted: 13 Feb 2018
Working Paper Series
Washington University in St. Louis - School of Law
Downloads 64
31.

Functions of the Rule of Law

Martin Loughlin and Jens Meierhenrich, eds., The Cambridge Companion to the Rule of Law (CUP, 2018 Forthcoming), Washington University in St. Louis Legal Studies Research Paper No. 18-01-01
Number of pages: 18 Posted: 08 Feb 2018
Accepted Paper Series
Washington University in St. Louis - School of Law
Downloads 328
32.

The Williamson Revolution in Software's Structure

Berkeley Technology Law Journal, Vol. 31, No. 3, 2016, Washington University in St. Louis Legal Studies Research Paper
Number of pages: 38 Posted: 07 Feb 2018
Accepted Paper Series
Washington University in St. Louis - School of Law
Downloads 13
33.

New Perspectives on Planned Unit Developments

Real Property, Probate and Trust Law Journal, Vol. 52, No. 2, Fall 2017, Washington University in St. Louis Legal Studies Research Paper
Number of pages: 62 Posted: 28 Jan 2018
Accepted Paper Series
Washington University in St. Louis - School of Law
Downloads 62
34.

Auditing Algorithms for Discrimination

166 U. Pa. L. rev. Online 189 (2017), Washington University in St. Louis Legal Studies Research Paper No. 17-12-03
Number of pages: 16 Posted: 30 Dec 2017
Accepted Paper Series
Washington University in St. Louis - School of Law
Downloads 168
35.

Lawyers, Marijuana, and Ethics

32 Crim. Just. 29 (Spring 2017), Washington University in St. Louis Legal Studies Research Paper No. 17-12-01
Number of pages: 7 Posted: 26 Dec 2017
Accepted Paper Series
Washington University in St. Louis - School of Law and Case Western Reserve University School of Law
Downloads 49
36.

Prosecutors and Literary or Media Deals; Conflicts of Interest Hiding in Plain Sight 32 Crim. Just. 41 (Fall 2017)

Washington University in St. Louis Legal Studies Research Paper No. 17-12-02
Number of pages: 9 Posted: 26 Dec 2017
Working Paper Series
Washington University in St. Louis - School of Law and Case Western Reserve University School of Law
Downloads 16
37.

Alternatives to Liberal Constitutional Democracy

77 Maryland Law Review 223 (2017), Washington University in St. Louis Legal Studies Research Paper No. 17-10-02, University of Hong Kong Faculty of Law Research Paper No. 2018/004
Number of pages: 24 Posted: 19 Dec 2017 Last Revised: 26 Oct 2018
Accepted Paper Series
Washington University in St. Louis - School of Law
Downloads 272
38.

Making Sense of Issue Exhaustion in Rulemaking

Administrative Law Review, Forthcoming, Washington University in St. Louis Legal Studies Research Paper 17-10-03
Number of pages: 26 Posted: 20 Oct 2017
Accepted Paper Series
Washington University in St. Louis - School of Law
Downloads 32
39.

The Global Language of Human Rights: A Computational Linguistic Analysis

Law & Ethics of Human Rights, Vol. 12, (Forthcoming), Washington University in St. Louis Legal Studies Research Paper No. 17-10-01, University of Hong Kong Faculty of Law Research Paper No. 2017/032
Number of pages: 35 Posted: 11 Oct 2017 Last Revised: 20 Oct 2017
Accepted Paper Series
Washington University in St. Louis - School of Law
Downloads 205
40.

The Urgent Imperative of Peace

Seeking Accountability for the Unlawful Use of Force (Leila Nadya Sadat, ed., Cambridge 2017), Forthcoming, Washington University in St. Louis Legal Studies Research Paper No. 17-09-01
Number of pages: 38 Posted: 27 Sep 2017 Last Revised: 22 Feb 2018
Accepted Paper Series
Washington University in St. Louis - School of Law
Downloads 48
41.

Elements and Innovations of a New Global Treaty on Crimes Against Humanity

Elements and Innovations of a New Global Treaty on Crimes Against Humanity, in THE GREY ZONE: CIVILIAN PROTECTION BETWEEN HUMAN RIGHTS AND THE LAWS OF WAR (Mark Lattimer & Philippe Sands, eds., 2017) (Forthcoming), Washington University in St. Louis Legal Studies Research Paper No. 17-08-02
Number of pages: 26 Posted: 30 Aug 2017
Accepted Paper Series
Washington University in St. Louis - School of Law
Downloads 58
42.

Delaware's Diminishment?

Washington University in St. Louis Legal Studies Research Paper No. 17-08-01
Number of pages: 40 Posted: 13 Aug 2017
Working Paper Series
Georgetown University Law Center
Downloads 90
43.

Peyote and Ghouls in the Night: Justice Scalia's Religion Clause Minimalism

First Amendment Law Review, Vol. 15, p. 239, 2017, Washington University in St. Louis Legal Studies Research Paper No. 17-07-02
Number of pages: 20 Posted: 19 Jul 2017
Accepted Paper Series
Washington University in St. Louis - School of Law
Downloads 53
44.

The Remaking of Wall Street

7 Harvard Business Law Review 315 (2017), Washington University in St. Louis Legal Studies Research Paper No. 17-07-01
Number of pages: 60 Posted: 19 Jul 2017 Last Revised: 03 Oct 2018
Working Paper Series
Washington University in St Louis - School of Law
Downloads 505
45.

Delegation Without Commitment: Soft Authority, Red Flags and the Reputational Motivations of Civil Servants

Washington University in St. Louis Legal Studies Research Paper No. 17-06-03
Number of pages: 48 Posted: 01 Jul 2017 Last Revised: 18 Aug 2017
Working Paper Series
Washington University in St. Louis - School of Law and New York University School of Law
Downloads 39
46.

Whither Human Rights in the Era of Trump

Leila Nadya Sadat, Whither human rights in the era of Trump, Netherlands Quarterly of Human Rights 35(2) (2017) pp. 77-84, Washington University in St. Louis Legal Studies Research Paper No. 17-06-02
Number of pages: 10 Posted: 10 Jun 2017 Last Revised: 22 Feb 2018
Accepted Paper Series
Washington University in St. Louis - School of Law
Downloads 68
47.

Refining Mandatory Disclosure: Statement Presented to the ERISA Advisory Council, June 6, 2017

Washington University in St. Louis Legal Studies Research Paper No. 17-06-01
Number of pages: 20 Posted: 07 Jun 2017 Last Revised: 14 Dec 2017
Working Paper Series
Washington University in St. Louis - School of Law
Downloads 16
48.

Constitutional Dissonance in China

Comparative Constitutional Theory (Gary Jacobsohn & Miguel Schor eds., Edward Elgar Publishing 2018), Forthcoming, Washington University in St. Louis Legal Studies Research Paper No. 17-03-03, University of Hong Kong Faculty of Law Research Paper No. 2017/008
Number of pages: 45 Posted: 02 Jun 2017 Last Revised: 24 Sep 2017
Accepted Paper Series
National Taiwan University College of Law and Washington University in St. Louis - School of Law
Downloads 329
49.

‘What Do I Do with the Porn on My Computer?’: How a Lawyer Should Counsel Clients about Physical Evidence

Washington University in St. Louis Legal Studies Research Paper No. 17-05-02, 54 American Criminal Law Review 751 (2017), University of Missouri School of Law Legal Studies Research Paper No. 2017-16
Number of pages: 40 Posted: 19 May 2017 Last Revised: 05 Jun 2017
Working Paper Series
Washington University in St. Louis - School of Law and University of Missouri School of Law
Downloads 301
50.

Harmful, Harmless, and Beneficial Uncertainty in Law

Journal of Legal Studies, June 2017, Columbia Law and Economics Working Paper No. 565, Washington University in St. Louis Legal Studies Research Paper No. 17-05-01
Number of pages: 27 Posted: 15 May 2017 Last Revised: 23 Dec 2017
Accepted Paper Series
Washington University in St. Louis - School of Law and Columbia University - Law School
Downloads 220