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University of San Diego Law School Legal Studies Research Paper Series

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Viewing: 1 - 50 of 815 papers

1.

Popular Initiatives and American Federalism or, Putting Direct Democracy in its Place

13 Journal of Contemporary Legal Issues 531 (2004)
Number of pages: 32 Posted: 22 Jun 2020 Last Revised: 23 Jun 2020
Accepted Paper Series
University of San Diego School of Law
Downloads 241
2.

Points of Crisis or, Is It All Over?

56 San Diego Law Review 1069 (2019)
Number of pages: 20 Posted: 18 Jun 2020 Last Revised: 22 Jun 2020
Accepted Paper Series
University of San Diego School of Law
Downloads 3
3.

Pluralism, Conversation, and Judicial Restraint

95 Northwestern University Law Review 961 (2001)
Number of pages: 15 Posted: 15 Jun 2020 Last Revised: 18 Jun 2020
Accepted Paper Series
University of San Diego School of Law
Downloads 2
4.

Grutter or Otherwise: Racial Preferences and Higher Education

21 Constitutional Commentary 3 (2004)
Number of pages: 13 Posted: 15 Jun 2020 Last Revised: 18 Jun 2020
Accepted Paper Series
University of San Diego School of Law and University of San Diego School of Law
Downloads 268
5.

How the COVID-19 Pandemic Has and Should Reshape the American Safety Net

San Diego Legal Studies Paper No. 20-455
Number of pages: 21 Posted: 15 Jun 2020 Last Revised: 15 Jun 2020
Working Paper Series
University of Florida - Levin College of Law, University of San Diego School of Law and University of Miami School of Law
Downloads 59
6.

The Bureaucratic Takeover of Criminal Sentencing

49 New Mexico Law Review 93 (2019)
Posted: 13 Jun 2020 Last Revised: 07 Jul 2020
Accepted Paper Series
University of San Diego School of Law
7.

Testimony of Gail Heriot Professor of Law, University of San Diego & Member, U.S. Commission on Civil Rights Before the Appropriations Committee of the California Assembly on ACA-5 June 2, 2020

San Diego Legal Studies Paper No. 20-453
Number of pages: 4 Posted: 04 Jun 2020
Working Paper Series
University of San Diego School of Law
Downloads 35
8.

Objective Animus?

Florida Law Review Forum
Number of pages: 7 Posted: 30 May 2020
Working Paper Series
University of San Diego School of Law
Downloads 15
9.

The Power to Vacate a Rule

George Washington Law Review, Vol. 88, 2020
Number of pages: 70 Posted: 13 May 2020 Last Revised: 14 May 2020
Accepted Paper Series
University of San Diego School of Law
Downloads 98
10.

The Framers' Compromise

67 American Journal of Comparative Law 677 (2019) DOI:10.1093/ajcl/avz022
Posted: 12 May 2020 Last Revised: 14 May 2020
Accepted Paper Series
University of San Diego School of Law
11.

Efficiency and Conservativism.

Nebraska Law Review, Vol. 80, No. 4, 2001
Number of pages: 72 Posted: 12 May 2020
Working Paper Series
University of San Diego School of Law
Downloads 4
12.

Why School Prayer Matters

San Diego Legal Studies Paper No. 20-447
Number of pages: 7 Posted: 25 Apr 2020
Working Paper Series
University of San Diego School of Law
Downloads 77
13.

Replacing Agency Adjudication with Independent Administrative Courts

San Diego Legal Studies Paper No. 20-448
Number of pages: 28 Posted: 24 Apr 2020 Last Revised: 28 Apr 2020
Working Paper Series
University of San Diego School of Law
Downloads 154
14.

Statement of Commissioner Gail Heriot

San Diego Legal Studies Paper No. 20-442
Number of pages: 26 Posted: 08 Apr 2020
Working Paper Series
University of San Diego School of Law
Downloads 1,962
15.

The Debate over How to Classify Gig Workers is Missing the Bigger Picture

Harvard Business Review, 2019
Number of pages: 3 Posted: 31 Mar 2020
Working Paper Series
University of San Diego School of Law
Downloads 36
16.

Secular Worldviews, Religious Worldviews, and the Morality of Human Rights [REVISED]

THE ROUTLEDGE COMPANION TO THEISM, Charles Taliaferro, Steven Goetz & Victoria S. Harrison, eds., Routledge, Forthcoming
Number of pages: 22 Posted: 10 Mar 2020 Last Revised: 10 Mar 2020
Accepted Paper Series
Emory University School of Law
Downloads 192
17.

Technology Adrift: In Search of a Role for Electronic Wills

Boston College Law Review, Vol. 61, No. 3, 2020
Number of pages: 78 Posted: 10 Mar 2020 Last Revised: 05 May 2020
Accepted Paper Series
University of San Diego
Downloads 116
18.

The Legal Challenge of Abortion Stigma—and Government Restrictions on the Practice of Medicine

Hastings Center Report, March 2020
Number of pages: 3 Posted: 06 Mar 2020 Last Revised: 18 Mar 2020
Working Paper Series
University of San Diego: School of Law
Downloads 57
19.

To Thine Own Self Be True? Incentive Problems in Personalized Law

San Diego Legal Studies Paper No. 20-439
Number of pages: 62 Posted: 05 Mar 2020 Last Revised: 06 Mar 2020
Working Paper Series
University of San Diego School of Law, University of Texas at Austin and Harvard University
Downloads 58
20.

Using Failure to Function Doctrine to Protect Free Speech and Competition in Trademark Law

104 Iowa Law Review Online 70, 2020
Number of pages: 35 Posted: 05 Mar 2020 Last Revised: 18 Apr 2020
Accepted Paper Series
University of San Diego School of Law
Downloads 27
21.

The Arbitrary Foreign Tax Credit

San Diego Legal Studies Paper No. 20-438
Number of pages: 66 Posted: 05 Mar 2020 Last Revised: 06 Mar 2020
Working Paper Series
University of San Diego School of Law and University of San Diego School of Law
Downloads 64
22.

Holocaust Art Disputes: The Holocaust Expropriated Art Recovery Act of 2016

The International Lawyer, Forthcoming
Number of pages: 49 Posted: 26 Feb 2020
Accepted Paper Series
University of San Diego School of Law
Downloads 133
23.

Dissenting Statement of Commissioner Gail Heriot

San Diego Legal Studies Paper No. 20-436
Number of pages: 9 Posted: 20 Feb 2020
Working Paper Series
University of San Diego School of Law
Downloads 200
24.

Authority and Meaning

Connecticut Law Review, Forthcoming
Number of pages: 17 Posted: 08 Feb 2020 Last Revised: 13 Apr 2020
Accepted Paper Series
University of San Diego School of Law
Downloads 43
25.

The Greatest Legal Movie of All Time: Proclaiming the Real Winner

San Diego Law Review, Vol. 47, No. 2, 2010
Number of pages: 14 Posted: 08 Feb 2020 Last Revised: 08 Feb 2020
Accepted Paper Series
University of San Diego, School of Law - Professor of Law Emeritus
Downloads 460
26.

Nonmarket Criminal Justice Fees

Hastings Law Journal, Forthcoming
Number of pages: 55 Posted: 31 Jan 2020 Last Revised: 11 Mar 2020
Accepted Paper Series
University of San Diego School of Law
Downloads 46
27.

The Case for Noncompetes

86 University of Chicago Law Review 953 (2020)
Posted: 28 Jan 2020 Last Revised: 07 Jul 2020
Accepted Paper Series
University of Southern California Gould School of Law and University of San Diego School of Law
28.

Access Anxiety

San Diego Legal Studies Paper No. 20-341
Number of pages: 47 Posted: 24 Jan 2020
Working Paper Series
University of San Diego School of Law
Downloads 21
30.

Mental Statism and the Experience Machine

Bard Journal of Social Sciences, Vol. 3, pp. 10-17, Winter 1994/1995
Number of pages: 9 Posted: 22 Jan 2020 Last Revised: 22 Jan 2020
Accepted Paper Series
Brooklyn Law School
Downloads 556
31.

USPTO Patent Number and Case Code File Dataset Documentation

USPTO Economic Working Paper No. 2019-05
Number of pages: 17 Posted: 23 Dec 2019 Last Revised: 31 Jan 2020
Working Paper Series
Northwestern University - Pritzker School of Law, University of San Diego School of Law and United States Patent and Trademark Office
Downloads 255
32.

A Republic, If the Courts Can Keep It?

Wisconsin Law Review, Forthcoming
Number of pages: 18 Posted: 11 Dec 2019 Last Revised: 13 Apr 2020
Working Paper Series
University of San Diego School of Law
Downloads 23
33.

Exit, Voice & Innovation: How Human Capital Policy Impacts Equality (& How Inequality Hurts Growth)

San Diego Legal Studies Paper No. 19-428
Number of pages: 32 Posted: 11 Dec 2019 Last Revised: 14 Dec 2019
Working Paper Series
University of San Diego School of Law
Downloads 39
34.

The Faulty Foundations of the Tax Code: Gender and Racial Bias in Our Tax Laws

San Diego Legal Studies Paper No. 19-423
Number of pages: 39 Posted: 02 Dec 2019
Working Paper Series
University of San Diego School of Law, National Women's Law Center and National Women's Law Center
Downloads 40
35.

Ranking the Academic Impact of 100 American Law Schools

60 Jurimetrics 1 (Fall 2019)
Number of pages: 39 Posted: 20 Nov 2019 Last Revised: 04 Mar 2020
Accepted Paper Series
University of Illinois College of Law and University of San Diego School of Law
Downloads 1,424
36.

An Economic Model of Patent Exhaustion

San Diego Legal Studies Paper No. 17-265
Number of pages: 30 Posted: 19 Nov 2019 Last Revised: 26 Jun 2020
Working Paper Series
Smith School of Business, Hong Kong University of Science & Technology (HKUST) - Department of Economics and University of San Diego School of Law

Multiple version iconThere are 2 versions of this paper

Downloads 282
37.

Dissenting Statement of Commissioner Gail Heriot in In the Name of Hate: Examining the Federal Government's Role in Responding to Hate Crimes, a Report of the U.S. Commission on Civil Rights

San Diego Legal Studies Paper No. 19-422
Number of pages: 22 Posted: 13 Nov 2019
Working Paper Series
University of San Diego School of Law
Downloads 662
38.
Downloads 840
39.

Dissenting Statement of Commissioner Gail Heriot in the U.S. Commission on Civil Rights Report, Trauma at the Border: The Human Cost of Inhumane Immigration Policies

San Diego Legal Studies Paper No. 19-420
Number of pages: 7 Posted: 29 Oct 2019
Accepted Paper Series
University of San Diego School of Law
Downloads 273
40.

Regulating the Sharing Economy: Self-Governance, Efficiency & Values

China Global Law Review, Forthcoming
Number of pages: 13 Posted: 22 Oct 2019
Working Paper Series
University of San Diego School of Law
Downloads 41
41.

The Spinoff Advantage: Human Capital Law and Entrpreneurship

Entrepreneurship and the Law (Broughman and Smith, Eds), Forthcoming
Number of pages: 11 Posted: 22 Oct 2019
Working Paper Series
University of San Diego School of Law
Downloads 27
42.

Non-Competes, Human Capital Policy & Regional Competition

Journal of Corporation Law, Forthcoming
Number of pages: 21 Posted: 22 Oct 2019
Working Paper Series
University of San Diego School of Law
Downloads 77
43.

The Most Persuasive Frankfurt Example, and What It Shows: Or Why Determinism Is not the Greatest Threat to Moral Responsibility

San Diego Legal Studies Paper No. 19-416
Number of pages: 6 Posted: 09 Oct 2019
Working Paper Series
University of San Diego School of Law and University of San Diego School of Law

Multiple version iconThere are 2 versions of this paper

Downloads 67
44.

One Step Enough

San Diego Legal Studies Paper No. 19-414 (2019)
Number of pages: 18 Posted: 26 Sep 2019
Working Paper Series
University of San Diego School of Law
Downloads 43
45.

Consumer Contracts and the Restatement Project

San Diego Legal Studies Paper No. . 19-424, 2019
Number of pages: 41 Posted: 24 Sep 2019 Last Revised: 09 Jan 2020
Working Paper Series
University of San Diego School of Law
Downloads 98
46.

The Lost History of the 'Universal' Injunction

133 Harvard Law Review 920 (2020)
Number of pages: 90 Posted: 23 Sep 2019 Last Revised: 13 Jan 2020
Accepted Paper Series
University of San Diego School of Law
Downloads 706
47.

Retributive Justice

Oxford Handbook of Distributive Justice, S. Olsaretti, ed. (August, 2018)
Number of pages: 35 Posted: 09 Sep 2019
Working Paper Series
University of San Diego School of Law
Downloads 45
48.

Constitutionalism

Forthcoming, Encyclopedia of the Philosophy of Law and Social Philosophy, M. Sellers, et al., eds.
Number of pages: 11 Posted: 06 Sep 2019
Working Paper Series
University of San Diego School of Law and University of San Diego School of Law
Downloads 112
49.

Law and Politics: What Is their Relation?

Harvard Journal of Law and Public Policy, Vol. 42, No. 1, 2018
Number of pages: 10 Posted: 06 Sep 2019
Working Paper Series
University of San Diego School of Law
Downloads 136
50.

Appreciation and Responses

Moral Puzzles and Legal Perplexities: Essays on the Influence of Larry Alexander (H. Hurd, ed. 2018)
Number of pages: 79 Posted: 06 Sep 2019 Last Revised: 13 Sep 2019
Working Paper Series
University of San Diego School of Law
Downloads 31