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University of Alabama Hugh F. Culverhouse Jr. School of Law Legal Studies Research Paper Series

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Viewing: 1 - 50 of 456 papers

1.

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 9
2.

'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 29
3.

The Impact of Cannabis Access Laws on Opioid Prescribing

U of Alabama Legal Studies Research Paper No. 3266629, 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 4
4.

The Case Against Strict Defamation Laws

U of Alabama Legal Studies Research Paper No. 3311527
Number of pages: 50 Posted: 17 Jan 2019 Last Revised: 20 Jan 2019
Accepted Paper Series
University of Alabama - School of Law and George Mason University - Antonin Scalia Law School, Faculty
Downloads 34
5.

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
Accepted Paper Series
University of Alabama - School of Law
Downloads 56
6.

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 19
7.

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
Hugh F. Culverhouse Jr. School of Law
Downloads 26
8.

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 156
9.

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 22
10.

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 9
11.

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 17
12.

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 107
13.

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 84
14.

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 23
15.

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 31
16.

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
University of Alabama - School of Law
Downloads 34
17.

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 27
18.

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 144
19.

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 234
20.

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 37
21.

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 140
22.

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 40
23.

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 29
24.

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 354
25.

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 16
26.

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 117
27.

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
28.

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 87
29.

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 132
30.

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 196
31.

Plenary Power and Animus in Immigration Law

80 Ohio State Law Journal, Forthcoming 2019, U of Alabama Legal Studies Research Paper No. 3131044
Number of pages: 48 Posted: 06 Mar 2018 Last Revised: 06 Sep 2018
Accepted Paper Series
University of Alabama School of Law
Downloads 38
32.

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 52
33.

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 38
34.

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 185
35.

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
University of Alabama - School of Law
Downloads 63
36.

A Dream Still Deferred: The Unlawful Use of Student Fees for Instructional Technology in an Alabama Public School Causing a Disparate Impact for Minority Children

Rutgers Race and the Law Review, Vol. 19, No. 2, 2018
Number of pages: 46 Posted: 28 Feb 2018
Accepted Paper Series
University of Alabama - School of Law
Downloads 25
37.

You Be the Judge: The Wholesale Implementation of Bail Schedules by the Judiciary as an Abdication of Adjudicatory Responsibility Creating a Disparate Impact for African-Americans and Hispanics Accused of a Criminal Offense

Journal of the Legal Profession, Vol. 42, No. 2, 2018
Number of pages: 16 Posted: 28 Feb 2018 Last Revised: 02 May 2018
Accepted Paper Series
University of Alabama - School of Law
Downloads 42
38.

Our Shrinking First Amendment: On the Growing Problem of Reduced Access to Public Property for Speech Activity and Some Suggestions for a Better Way Forward

The Disappearing First Amendment (Cambridge University Press 2019, Forthcoming), Ohio State Law Journal, Vol. 78, 2017, U of Alabama Legal Studies Research Paper No. 3130200
Number of pages: 41 Posted: 27 Feb 2018 Last Revised: 11 Oct 2018
Accepted Paper Series
University of Alabama - School of Law
Downloads 17
39.

Lost in Transplantation: The Supreme Court's Post-Prudence Jurisprudence

Vanderbilt Law Review En Banc, vol. 70, p.289
Number of pages: 13 Posted: 22 Feb 2018
Accepted Paper Series
University of Alabama - School of Law
Downloads 76
40.

Stress Hardiness and Lawyers

Journal of the Legal Profession, Vol. 42, 2018, U of Alabama Legal Studies Research Paper No. 3120491
Number of pages: 93 Posted: 08 Feb 2018
Accepted Paper Series
University of Alabama - School of Law, Erlanger Health System, Pepper and Associates and Graves Thomas Injury Law Group
Downloads 101
41.

Epistemology, Psychology, and Standards of Proof: An Essay on Risinger’s ‘Surprise’ Theory

Seton Hall Law Review, Vol. 48, 2018, U of Alabama Legal Studies Research Paper No. 3119092
Number of pages: 21 Posted: 07 Feb 2018
Accepted Paper Series
University of Alabama School of Law
Downloads 96
42.

Lost Art and the Public Domain

Arizona State Law Journal, Vol. 49, 2018, U of Alabama Legal Studies Research Paper No. 3108696
Number of pages: 45 Posted: 25 Jan 2018
Accepted Paper Series
University of Alabama - School of Law
Downloads 10
43.

Some Remarks on the Importance of Evidence Outside Trials

Review of Litigation, Vol. 36, 2018, U of Alabama Legal Studies Research Paper No. 3108021
Number of pages: 26 Posted: 24 Jan 2018
Accepted Paper Series
University of Alabama School of Law
Downloads 61
44.

Citizen Standing and the Emoluments Clause

U of Alabama Legal Studies Research Paper No. 3104077
Number of pages: 62 Posted: 18 Jan 2018
Working Paper Series
University of Alabama - School of Law
Downloads 53
45.

Safety vs. Sensitivity: Possible Worlds and the Law of Evidence

Legal Theory, Vol. 24, 2018, Forthcoming, U of Alabama Legal Studies Research Paper No. 3100246
Number of pages: 43 Posted: 11 Jan 2018 Last Revised: 16 Mar 2018
Accepted Paper Series
University of Alabama School of Law
Downloads 153
46.

Four Ironies of Campus Climate

Minnesota Law Review, Vol. 101, 2017, U of Alabama Legal Studies Research Paper No. 3099003
Number of pages: 25 Posted: 10 Jan 2018
Accepted Paper Series
University of Alabama - School of Law and University of Alabama - School of Law
Downloads 55
47.

The Hole in the Wall Gang View of Life and America's Racial Future

Wake Forest Law Review, Vol. 51, 2016, U of Alabama Legal Studies Research Paper No. 3099016
Number of pages: 21 Posted: 10 Jan 2018
Accepted Paper Series
University of Alabama - School of Law and University of Alabama - School of Law
Downloads 12
48.

Nonconformity in American Law and Life: How Much Do We Really Value Diversity?

Alabama Law Review, Vol. 68, 2017, U of Alabama Legal Studies Research Paper No. 3099004
Number of pages: 23 Posted: 10 Jan 2018
Accepted Paper Series
University of Alabama - School of Law
Downloads 27
49.

‘Alto, Cabron. A Ver Las Manos’: A Police Officer's Expectations of Instant Obedience When a Civilian Does Not Speak English - A Comment on United States v. Parker

68 Ala. L. Rev. Online 101 (2016), U of Alabama Legal Studies Research Paper No. 3099033
Number of pages: 28 Posted: 10 Jan 2018
Accepted Paper Series
University of Alabama - School of Law and University of Alabama - School of Law
Downloads 27
50.

What Do We Regret and Why?

4 Tex. A&M L. Rev. 123 (2016), U of Alabama Legal Studies Research Paper No. 3099034
Number of pages: 16 Posted: 10 Jan 2018
Accepted Paper Series
University of Alabama - School of Law and University of Alabama - School of Law
Downloads 19