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University of Alabama School of Law Legal Studies Research Paper Series

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1.

The Case Against Collective Liability

62 Boston College Law Review (2021 Forthcoming), U of Alabama Legal Studies Research Paper No. 3601329
Number of pages: 58 Posted: 15 May 2020
Accepted Paper Series
University of Alabama School of Law
Downloads 32
2.

Strategic Trade Controls

Forthcoming in Thilo Marauhn and Eric Myjer, eds., Research Handbook on Arms Control Law (Edward Elgar Publishing, expected 2021), U of Alabama Legal Studies Research Paper No. 3599357
Number of pages: 11 Posted: 13 May 2020
Accepted Paper Series
University of Alabama - School of Law
Downloads 31
3.

Consumer Activism: From the Informed Minority to the Crusading Minority

DePaul Law Review, Vol. 69, 2020, U of Alabama Legal Studies Research Paper No. 3568768
Number of pages: 36 Posted: 29 Apr 2020
Accepted Paper Series
University of Alabama - School of Law and Stigler Center, University of Chicago Booth School of Business
Downloads 15
4.

Insuring Apologies

48 Fla. St. U.L. Rev. (2021 Forthcoming), U of Alabama Legal Studies Research Paper No. 3581801
Number of pages: 45 Posted: 22 Apr 2020 Last Revised: 28 Apr 2020
Accepted Paper Series
University of Alabama - School of Law
Downloads 20
5.

Notice Pleading in Exile

Cardozo Law Review, Vol. 41, No. 1057, 2020
Number of pages: 25 Posted: 16 Apr 2020
Accepted Paper Series
University of Alabama - School of Law
Downloads 54
6.

Pretrial Detention in the Time of COVID-19

Northwestern University Law Review, 2020
Number of pages: 18 Posted: 15 Apr 2020
Accepted Paper Series
University of Alabama - School of Law
Downloads 182
7.

Abdication Through Enforcement

Indiana Law Journal, Vol. 96 (2020 Forthcoming), U of Alabama Legal Studies Research Paper No. 3573110
Number of pages: 41 Posted: 13 Apr 2020
Accepted Paper Series
University of Alabama School of Law
Downloads 21
8.

Contaminated Relationships in the Opioid Crisis

72 Hastings Law Journal (2020 Forthcoming), U of Alabama Legal Studies Research Paper No. 3562764
Number of pages: 47 Posted: 30 Mar 2020
Accepted Paper Series
University of Alabama - School of Law and Florida State University - College of Law
Downloads 10
9.

Payday

U of Alabama Legal Studies Research Paper, Forthcoming, Washington University Law Review, Vol. 98, 2020
Number of pages: 55 Posted: 27 Mar 2020 Last Revised: 12 May 2020
Accepted Paper Series
University of Alabama - School of Law
Downloads 64
10.

State Created Fetal Harm

Georgetown Law Journal, 2021 Forthcoming, U of Alabama Legal Studies Research Paper No. 3554004
Number of pages: 48 Posted: 16 Mar 2020
Accepted Paper Series
University of Alabama - School of Law and University of Alabama - School of Law
Downloads 31
11.

Law, Religion, and Racial Justice: A Comment on Derrick Bell's Last Article

Case Western Reserve Law Review, Vol. 69, No. 2, 2018, U of Alabama Legal Studies Research Paper No. 3535860
Number of pages: 15 Posted: 12 Feb 2020
Accepted Paper Series
University of Alabama - School of Law
Downloads 6
12.

The Disappearing First Amendment (Preface and Chapter 10)

The Disappearing First Amendment (Cambridge University Press 2019), U of Alabama Legal Studies Research Paper No. 3531826
Number of pages: 20 Posted: 06 Feb 2020
Working Paper Series
University of Alabama - School of Law
Downloads 23
13.

All-Caps

U of Alabama Legal Studies Research Paper No. 3519630
Number of pages: 56 Posted: 16 Jan 2020
Working Paper Series
University of Alabama - School of Law and University of Alabama School of Law
Downloads 218
14.

Reproductive Due Process

The George Washington University Law Review, 2020 (Forthcoming), U of Alabama Legal Studies Research Paper No. 3515637
Number of pages: 78 Posted: 10 Jan 2020
Accepted Paper Series
University of Alabama - School of Law
Downloads 53
15.

Theory of the Nudnik: The Future of Consumer Activism and What We Can Do to Stop it

73 Vanderbilt Law Review 929 (2020), U of Alabama Legal Studies Research Paper No. 3501175
Number of pages: 59 Posted: 31 Dec 2019 Last Revised: 18 May 2020
Accepted Paper Series
University of Alabama - School of Law and Stigler Center, University of Chicago Booth School of Business
Downloads 339
16.

Should Good People Be Doctors? A Comment on Paul Butler and Anonymous

72 S.M.U. L. Rev. F 1 (2019), U of Alabama Legal Studies Research Paper No. 3481321
Number of pages: 9 Posted: 08 Nov 2019
Accepted Paper Series
University of Alabama - School of Law
Downloads 23
17.

Rodrigo's Rebuke: Originary Violence and U.S. Border Policy

53 U.C. Davis L. Rev. Online 33 (2019), U of Alabama Legal Studies Research Paper No. 3481320
Number of pages: 21 Posted: 08 Nov 2019
Accepted Paper Series
University of Alabama - School of Law
Downloads 25
18.

Just Hindus

Law & Social Inquiry (2020, Forthcoming), U of Alabama Legal Studies Research Paper No. 3470848
Number of pages: 31 Posted: 18 Oct 2019 Last Revised: 24 Nov 2019
Accepted Paper Series
University of Alabama - School of Law
Downloads 30
19.

Changing the Subject of Sati

Political and Legal Anthropology Review, 2020, Forthcoming, U of Alabama Legal Studies Research Paper No. 3465698
Number of pages: 28 Posted: 09 Oct 2019
Accepted Paper Series
University of Alabama - School of Law
Downloads 23
20.

The Clear and Present Dangers of the Clear and Present Danger Test: Schenck and Abrams Revisited

72 SMU L. Rev. 415 (2019), U of Alabama Legal Studies Research Paper No. 3460558
Number of pages: 28 Posted: 27 Sep 2019
Accepted Paper Series
University of Alabama - School of Law
Downloads 27
21.

Regulating Information with Bayesian Audiences

U of Alabama Legal Studies Research Paper No. 3452662, George Mason Law & Economics Research Paper 19-28
Number of pages: 31 Posted: 16 Sep 2019 Last Revised: 11 Jan 2020
Working Paper Series
University of Alabama - School of Law and George Mason University - Antonin Scalia Law School, Faculty
Downloads 41
22.

Coxford Lecture: Honour, Oaths, and the Rule of Law

32 Canadian Journal of Law & Jurisprudence 389 (2019), doi: 10.1017/cjlj.2019.23 , U of Alabama Legal Studies Research Paper No. 3440153
Posted: 31 Aug 2019
Accepted Paper Series
University of Alabama School of Law
23.

A Tale of Two Courts

Cornell Law Review Online, Forthcoming 2020, U of Alabama Legal Studies Research Paper No. 3432135
Number of pages: 13 Posted: 08 Aug 2019 Last Revised: 07 Oct 2019
Accepted Paper Series
University of Alabama - School of Law
Downloads 29
24.

Black Market Law Firms

Cardozo Law Review, Forthcoming, U of Alabama Legal Studies Research Paper No. 3426652
Number of pages: 62 Posted: 29 Jul 2019
Accepted Paper Series
University of Alabama School of Law
Downloads 42
25.

A U.S.-Mexican Law School for Deportees: A Reply to Ami Kimpell

70 Florida L. Rev. Forum 108 (2019), U of Alabama Legal Studies Research Paper No. 3426591
Number of pages: 7 Posted: 26 Jul 2019
Accepted Paper Series
University of Alabama - School of Law
Downloads 14
26.

Metamorphosis: A Minority Professor's Life

53 UC-Davis L. Rev. 1 (Online, 2019), U of Alabama Legal Studies Research Paper No. 3424117
Number of pages: 33 Posted: 23 Jul 2019
Accepted Paper Series
University of Alabama - School of Law
Downloads 89
27.

Data Deficits in Municipal Rideshare Collaborations

Deepa Das Acevedo, "Data Deficits in Municipal Rideshare Collaborations," 63 Saint Louis University Law Journal 69 (2019)., U of Alabama Legal Studies Research Paper No. 3420873
Number of pages: 24 Posted: 17 Jul 2019 Last Revised: 07 Nov 2019
Accepted Paper Series
University of Alabama - School of Law
Downloads 12
28.

Responses to Liability Immunization: Evidence from Medical Devices

U of Alabama Legal Studies Research Paper No. 3420311, FSU College of Law, Law, Business & Economics Paper No. 20-04
Number of pages: 41 Posted: 17 Jul 2019 Last Revised: 14 May 2020
Working Paper Series
Florida State University - College of Law and University of Alabama - School of Law
Downloads 61
29.

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 18
30.

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 19
31.

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 18
32.

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 31
33.

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
34.

The Law of Rescue

California Law Review, Vol. 108, Forthcoming , U of Alabama Legal Studies Research Paper No. 3392117
Posted: 09 Jun 2019 Last Revised: 06 Feb 2020
Accepted Paper Series
University of Alabama School of Law
35.

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: 27 Sep 2019
Accepted Paper Series
University of Alabama School of Law
Downloads 91
36.

A Close Reading of Barnette, in Honor of Vincent Blasi

13 FIU L. Rev. 689 (2019), U of Alabama Legal Studies Research Paper No. 3370976
Number of pages: 41 Posted: 13 May 2019
Accepted Paper Series
University of Alabama School of Law
Downloads 64
37.

Honor, Oath, and Office

Capstone Lawyer (2019), U of Alabama Legal Studies Research Paper No. 3368271
Number of pages: 3 Posted: 07 May 2019
Accepted Paper Series
University of Alabama School of Law
Downloads 33
38.

Regulating Bank Reputation Risk

Georgia Law Review, vol. 54, pp. 523-602 (2020)., U of Alabama Legal Studies Research Paper No. 3353847
Number of pages: 83 Posted: 25 Apr 2019 Last Revised: 30 Mar 2020
Accepted Paper Series
University of Alabama - School of Law
Downloads 183
39.

U.S. Supreme Court Amicus Brief of Law Professors in Support of Petitioner, Graviss v. Department of Defense Domestic Dependent Elementary and Secondary Schools, No. 18-1061

U of Alabama Legal Studies Research Paper No. 3357969
Number of pages: 25 Posted: 18 Apr 2019
Working Paper Series
University of Alabama - School of Law
Downloads 40
40.

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 Last Revised: 27 Sep 2019
Accepted Paper Series
University of Alabama School of Law
Downloads 52
41.

The Effects of Voluntary and Presumptive Sentencing Guidelines

98 Texas Law Review 1 (2019), U of Alabama Legal Studies Research Paper No. 3348027
Number of pages: 66 Posted: 25 Mar 2019 Last Revised: 20 Dec 2019
Accepted Paper Series
University of Alabama at Birmingham - Department of Marketing, Industrial Distribution & Economics, Loyola University Chicago School of Law and University of Alabama - School of Law
Downloads 101
42.

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 Last Revised: 27 Sep 2019
Accepted Paper Series
University of Alabama - School of Law
Downloads 31
43.

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 Last Revised: 27 Sep 2019
Accepted Paper Series
University of Alabama - School of Law
Downloads 63
44.

Graffiti, Speech, and Crime

Minnesota Law Review, Vol. 103, No. 1285, 2019, U of Alabama Legal Studies Research Paper No. 3338223
Number of pages: 64 Posted: 12 Mar 2019
Accepted Paper Series
University of Alabama - School of Law
Downloads 60
45.

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 90
46.

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 17
47.

'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 36
48.

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 153
49.

The Case Against Expanding Defamation Law

71 Ala. L. Rev. 453 (2019), U of Alabama Legal Studies Research Paper No. 3311527
Number of pages: 45 Posted: 17 Jan 2019 Last Revised: 12 Dec 2019
Accepted Paper Series
University of Alabama - School of Law and George Mason University - Antonin Scalia Law School, Faculty
Downloads 164
50.

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 325