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University of Alabama School of Law Legal Studies Research Paper Series

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1.

The Unbearable Lightness of Alternative Dispute Resolution: Critical Thoughts on Fairness and Formality

70 S.M.U. L. Rev. 611 (2017), U of Alabama Legal Studies Research Paper No. 3417809
Number of pages: 29 Posted: 11 Jul 2019
Accepted Paper Series
University of Alabama - School of Law
Downloads 1
2.

Alternative Dispute Resolution: A Critical Reconsideration

70 S.M.U. L. Rev. 595 (2017), U of Alabama Legal Studies Research Paper No. 3417808
Number of pages: 15 Posted: 11 Jul 2019
Accepted Paper Series
University of Alabama - School of Law
Downloads 1
3.

J’Accuse: An Essay on Animus

52 U.C. Davis L. Rev. Online 119 (2018), U of Alabama Legal Studies Research Paper No. 3417806
Number of pages: 37 Posted: 11 Jul 2019
Accepted Paper Series
University of Alabama - School of Law
Downloads 2
4.

Legal Realism and the Controversy over Campus Speech Codes

69 Case W. Res. L. Rev. 275 (2018), U of Alabama Legal Studies Research Paper No. 3417805
Number of pages: 25 Posted: 11 Jul 2019
Accepted Paper Series
University of Alabama - School of Law
Downloads 2
5.

Rodrigo and Ressentiment: 'I Don’t Want It If You Are Going to Get It, Too,'—Why Classical Economic and Political Theory Fails to Explain the Obamacare Vote, but Legal Realism and CLS Can

52 U.C. Davis L. Rev. 1827 (2019), U of Alabama Legal Studies Research Paper No. 3417804
Posted: 11 Jul 2019
Accepted Paper Series
University of Alabama - School of Law
6.

Confrontation After Scalia and Kennedy

Alabama Law Review, Vol. 70, 2019, U of Alabama Legal Studies Research Paper No. 3389384
Number of pages: 29 Posted: 17 May 2019 Last Revised: 20 May 2019
Accepted Paper Series
University of Alabama School of Law
Downloads 68
7.

A Close Reading of Barnette, in Honor of Vincent Blasi

13 FIU L. Rev. 689 (2019)
Number of pages: 41 Posted: 13 May 2019
Accepted Paper Series
University of Alabama School of Law
Downloads 56
8.

Honor, Oath, and Office

Capstone Lawyer (2019)
Number of pages: 3 Posted: 07 May 2019
Accepted Paper Series
University of Alabama School of Law
Downloads 25
9.

Regulating Bank Reputation Risk

Georgia Law Review, Forthcoming, U of Alabama Legal Studies Research Paper
Number of pages: 63 Posted: 25 Apr 2019
Accepted Paper Series
University of Alabama - School of Law
Downloads 81
11.

A Comment on Statistical Evidence and Standards of Proof

25 Supreme Court Economic Review 59 (2018), U of Alabama Legal Studies Research Paper No. 3364351
Number of pages: 7 Posted: 03 Apr 2019
Accepted Paper Series
University of Alabama School of Law
Downloads 20
12.

Technical Appendix to 'Healthcare Licensing and Liability'

Article published at 95 Ind. L.J. (2020, Forthcoming), U of Alabama Legal Studies Research Paper No. 3357906
Number of pages: 28 Posted: 22 Mar 2019
Accepted Paper Series
University of Alabama - School of Law
Downloads 15
13.

Healthcare Licensing and Liability

95 Indiana Law Journal (2020, Forthcoming), U of Alabama Legal Studies Research Paper No. 3357904
Number of pages: 65 Posted: 22 Mar 2019
Accepted Paper Series
University of Alabama - School of Law
Downloads 26
14.

Graffiti, Speech, and Crime

Minnesota Law Review, Vol. 103, No. 1285, 2019
Number of pages: 64 Posted: 12 Mar 2019
Accepted Paper Series
University of Alabama - School of Law
Downloads 25
15.

Clarifying Relative Plausibility: A Rejoinder

U of Alabama Legal Studies Research Paper No. 3338080 (2019)
Number of pages: 18 Posted: 21 Feb 2019
Working Paper Series
Northwestern University Law School and University of Alabama School of Law
Downloads 61
16.

Transborder Speech

94 Notre Dame Law Review 273 (2018), U of Alabama Legal Studies Research Paper No. 3329377
Number of pages: 49 Posted: 06 Feb 2019
Accepted Paper Series
University of Alabama - School of Law
Downloads 14
17.

'The Devil Is in the Details': On the Central Importance of Distinguishing the Truly Public from the Truly Private in Reconciling Equality and Religious Liberty

Religious Freedom, LGBT Rights, and the Prospects for Common Ground (William N. Eskridge, Jr. & Robin Fretwell Wilson, eds., Cambridge University Press 2018) (Chapter 7)., U of Alabama Legal Studies Research Paper No. 3329376
Number of pages: 22 Posted: 06 Feb 2019
Working Paper Series
University of Alabama - School of Law
Downloads 34
18.

The Impact of Cannabis Access Laws on Opioid Prescribing

U of Alabama Legal Studies Research Paper No. 3320778, Vanderbilt Law Research Paper No. 18-60
Number of pages: 51 Posted: 30 Jan 2019
Working Paper Series
University of Alabama - School of Law, Vanderbilt University - Strategy and Business Economics and Vanderbilt University - Law School
Downloads 73
19.

The Case Against Expanding Defamation Laws

Alabama Law Review, Vol. 71, 2019, U of Alabama Legal Studies Research Paper No. 3311527
Number of pages: 50 Posted: 17 Jan 2019 Last Revised: 21 Jun 2019
Accepted Paper Series
University of Alabama - School of Law and George Mason University - Antonin Scalia Law School, Faculty
Downloads 62
20.

Pause for Thought: Supreme Court's Verdict on Sabarimala

Economic & Political Weekly, Vol. LIII, No. 43, p. 12 (October 27, 2018), U of Alabama Legal Studies Research Paper No. 3293078
Number of pages: 5 Posted: 19 Dec 2018 Last Revised: 12 Jul 2019
Accepted Paper Series
University of Alabama - School of Law
Downloads 132
21.

Scope-of-Practice Laws and Patient Safety: Evidence from the Opioid Crisis

U of Alabama Legal Studies Research Paper No. 3300365
Number of pages: 47 Posted: 14 Dec 2018
Working Paper Series
University of Alabama - School of Law
Downloads 31
22.

A Fresh Start to Bankruptcy Exemptions

2018 B.Y.U.L. Rev. 335, U of Alabama Legal Studies Research Paper No. 3293094
Number of pages: 65 Posted: 11 Dec 2018
Accepted Paper Series
University of Alabama - School of Law
Downloads 32
23.

The Paradoxes of Legal Proof: A Critical Guide

Boston University Law Review, Vol. 99, 2019, U of Alabama Legal Studies Research Paper No. 3293023
Number of pages: 58 Posted: 11 Dec 2018 Last Revised: 18 Feb 2019
Accepted Paper Series
University of Alabama School of Law
Downloads 206
24.

Book Review: Civil Justice Reconsidered: Toward a Less Costly, More Accessible Litigation System

37 C.J.Q. 509 (2018), U of Alabama Legal Studies Research Paper No. 3272595
Number of pages: 9 Posted: 11 Dec 2018
Accepted Paper Series
University of Alabama - School of Law
Downloads 26
25.

Economic Empowerment in the Alabama Black Belt--A Transactional Law Clinic Theory and Model

Tennessee Journal of Race, Gender, & Social Justice, Forthcoming, U of Alabama Legal Studies Research Paper No. 3280419
Number of pages: 33 Posted: 06 Dec 2018
Accepted Paper Series
University of Alabama School of Law
Downloads 10
26.

The First Amendment as a Source of Positive Rights: The Warren Court and First Amendment Easements to Private Property

The Disappearing First Amendment (forthcoming Cambridge University Press 2019) (Chapter 3), U of Alabama Legal Studies Research Paper No. 3275655
Number of pages: 65 Posted: 05 Nov 2018
Accepted Paper Series
University of Alabama - School of Law
Downloads 24
27.

Access to Justice, Rationality, and Personal Jurisdiction

Vanderbilt Law Review, Vol. 71, No. 1401, 2018, U of Alabama Legal Studies Research Paper No. 3270046
Number of pages: 63 Posted: 05 Nov 2018
Accepted Paper Series
University of Alabama - School of Law
Downloads 136
28.

Wrongful Living

Iowa Law Review, Forthcoming, U of Alabama Legal Studies Research Paper No. 3271114
Number of pages: 65 Posted: 31 Oct 2018
Accepted Paper Series
University of Alabama - School of Law and University of Alabama - School of Law
Downloads 101
29.

Justice Gorsuch's Would-Be War on Chevron

21 Green Bag 2D 315 (Summer 2018), U of Alabama Legal Studies Research Paper No. 3269856
Number of pages: 9 Posted: 26 Oct 2018
Accepted Paper Series
University of Alabama - School of Law
Downloads 25
30.

SWIFT Bank Heists and Article 4A

Journal of Consumer and Commercial Law, Vol. 22, No. 1, at 25 (2018), U of Alabama Legal Studies Research Paper No. 3254505
Number of pages: 7 Posted: 16 Oct 2018 Last Revised: 05 Nov 2018
Accepted Paper Series
University of Alabama - School of Law
Downloads 47
31.

Redefining the Reasonable Person in Police Encounters: The Impact of the Mainstream News Media's Portrayal of Modern Police Conduct

University of Detroit Mercy Law Review, Forthcoming
Number of pages: 24 Posted: 10 Oct 2018 Last Revised: 14 Nov 2018
Accepted Paper Series
American Bar Association
Downloads 44
32.

Whistleblowing Speech and the First Amendment

93 Indiana Law Journal 267 (2018), U of Alabama Legal Studies Research Paper No. 3248659
Number of pages: 37 Posted: 13 Sep 2018
Accepted Paper Series
University of Alabama - School of Law
Downloads 32
33.

Reputation Failure: Market Discipline and Its Limits

U of Alabama Legal Studies Research Paper No. 3239995
Number of pages: 65 Posted: 10 Sep 2018 Last Revised: 14 Dec 2018
Working Paper Series
University of Alabama - School of Law
Downloads 165
34.

Why I Stopped Believing in Customary International Law

9 Asian Journal of International Law, Issue 1 (2019, Forthcoming), U of Alabama Legal Studies Research Paper No. 3228064
Number of pages: 16 Posted: 07 Aug 2018
Accepted Paper Series
University of Alabama - School of Law
Downloads 251
35.

Explanations and the Preponderance Standard: Still Kicking Rocks with Dr. Johnson

48 Seton Hall Law Review, Forthcoming, U of Alabama Legal Studies Research Paper No. 3220019
Number of pages: 12 Posted: 02 Aug 2018
Accepted Paper Series
University of Alabama School of Law and Northwestern University Law School
Downloads 42
36.

Trade Fraud: the Wild, New Frontier of White Collar Crime

19 ORE. REV. INT’L LAW 1 (2018), U of Alabama Legal Studies Research Paper No. 3198237,
Number of pages: 93 Posted: 29 Jun 2018
Accepted Paper Series
University of Alabama - School of Law and Frohsin, Barger & Walthall
Downloads 150
37.

The Constitutional Marriage of Personality and Impersonality: Office, Honor, and the Oath

33 Constitutional Commentary __ (Forthcoming) , U of Alabama Legal Studies Research Paper No. 3189458
Number of pages: 11 Posted: 19 Jun 2018
Accepted Paper Series
University of Alabama School of Law
Downloads 41
38.

The Right to Counsel but Not the Presence of Counsel: A Survey of State Criminal Procedures for Pre-Trial Release

Florida Law Review, Vol. 69, 2017, U of Alabama Legal Studies Research Paper No. 3184356
Number of pages: 56 Posted: 11 Jun 2018
Accepted Paper Series
The University of Alabama School of Law
Downloads 34
39.

Relative Plausibility and its Critics

U of Alabama Legal Studies Research Paper No. 3179601, Northwestern Public Law Research Paper No. 18-16
Number of pages: 71 Posted: 17 May 2018 Last Revised: 24 Sep 2018
Working Paper Series
Northwestern University Law School and University of Alabama School of Law
Downloads 409
40.

Dynamic Federalism and the Clean Water Act: Completing the Task

The Law and Policy of Environmental Federalism: A Comparative Analysis (Kalyani Robbins ed., Edward Elgar Publishing 2015), U of Alabama Legal Studies Research Paper No. 3178192
Number of pages: 22 Posted: 17 May 2018
Accepted Paper Series
University of Alabama - School of Law
Downloads 22
41.

Clerking for Grown-Ups: A Tribute to Judge Ed Carnes

Alabama Law Review, Vol. 69, 2018, U of Alabama Legal Studies Research Paper No. 3172831
Number of pages: 25 Posted: 04 May 2018
Accepted Paper Series
University of Alabama School of Law
Downloads 130
42.

Case Refusal: A Right for the Public Defender but Not a Remedy for the Defendant

Washington University Law Review, Vol. 95, No. 1, 2017, U of Alabama Legal Studies Research Paper No. 3164390
Number of pages: 17 Posted: 03 May 2018
Accepted Paper Series
The University of Alabama School of Law
Downloads 18
43.

Institutional Pluralism and the (Hoped-For) Effects of Candor and Integrity in Legal Scholarship

Marquette Law Review, Forthcoming, U of Alabama Legal Studies Research Paper No. 3152331
Number of pages: 34 Posted: 30 Mar 2018 Last Revised: 06 Apr 2018
Accepted Paper Series
University of Alabama School of Law
Downloads 90
44.

An Empirical Analysis of Sexual Orientation Discrimination

86 U. Chi. L. Rev. 1 (2019), U of Alabama Legal Studies Research Paper No. 3152015
Number of pages: 76 Posted: 29 Mar 2018 Last Revised: 25 Jan 2019
Accepted Paper Series
University of Alabama School of Law and University of Alabama at Birmingham - Department of Marketing, Industrial Distribution & Economics
Downloads 157
45.

Lying, Deception, and fMRI: A Critical Update

Neurolaw and Responsibility for Action (Bebhinn Donnelly-Lazarov ed., Cambridge University Press, 2018 Forthcoming), U of Alabama Legal Studies Research Paper No. 3136053
Number of pages: 24 Posted: 08 Mar 2018 Last Revised: 16 Mar 2018
Accepted Paper Series
University of Alabama School of Law
Downloads 231
46.

Plenary Power and Animus in Immigration Law

80 Ohio State Law Journal 13 (2019), U of Alabama Legal Studies Research Paper No. 3131044
Number of pages: 61 Posted: 06 Mar 2018 Last Revised: 26 May 2019
Accepted Paper Series
University of Alabama School of Law
Downloads 62
47.

Slipping Through the Cracks? The Impact of Reporting Mental Health Records to the National Firearm Background Check System

U of Alabama Legal Studies Research Paper No. 3127786
Number of pages: 24 Posted: 04 Mar 2018 Last Revised: 04 Apr 2018
Working Paper Series
University of Alabama - School of Law and University of Alabama at Birmingham - Department of Marketing, Industrial Distribution & Economics
Downloads 65
48.

What the Police Don't Know May Hurt Us: An Argument for Enhanced Legal Training of Police Officers

New Mexico Law Review, Vol. 48, No. 1, 2018, U of Alabama Legal Studies Research Paper No. 3130154
Number of pages: 97 Posted: 02 Mar 2018
Accepted Paper Series
University of Alabama - School of Law
Downloads 41
49.

Nonmajority Opinions and Biconditional Rules

128 Yale Law Journal Forum 1 (2018)
Number of pages: 22 Posted: 01 Mar 2018 Last Revised: 03 Apr 2018
Accepted Paper Series
University of Alabama - School of Law
Downloads 200
50.

Will the Jury System Survive the Peña-Rodriguez Exception to Rule 606(B)?: The Court's Response to Racial Discrimination by a Juror Leaves the Future of the American Jury Trial System in Jeopardy

Texas Journal on Civil Liberties and Civil Rights, Vol. 23, No. 2, 2018
Number of pages: 23 Posted: 28 Feb 2018 Last Revised: 14 Oct 2018
Accepted Paper Series
American Bar Association
Downloads 64