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University of San Diego Law School Legal Studies Research Paper Series

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Viewing: 1 - 50 of 733 papers

1.

Free Speech Challenges to Trademark Law After Matal v. Tam

Houston Law Review, Vol. 56, No. 401, 2018
Number of pages: 70 Posted: 16 Jan 2019
Accepted Paper Series
University of San Diego School of Law
Downloads 17
2.

A Commentary on the Globalization of Foreign Corrupt Practices Law

San Diego Legal Studies Paper No. 19-373
Number of pages: 10 Posted: 12 Jan 2019
Working Paper Series
University of San Diego School of Law
Downloads 17
3.

Dissenting Statement of Commissioners Gail Heriot and Peter Kirsanow in the Report of the U.S. Commission on Civil Rights: Increasing Compliance with Section 7 of the National Voter Registration Act

San Diego Legal Studies Paper No. 18-371
Number of pages: 27 Posted: 23 Dec 2018
Working Paper Series
University of San Diego School of Law and Independent
Downloads 85
4.

Dissenting Statement of Gail Heriot in the Report of the U.S. Commission on Civil Rights: Broken Promises: Continuing Federal Funding Shortfall for Native Americans

San Diego Legal Studies Paper No. 18-370
Number of pages: 22 Posted: 23 Dec 2018
Working Paper Series
University of San Diego School of Law
Downloads 33
5.

The Regulatory Ratchet: Why Regulation Begets Regulation -- Fatal Flaw In The Market For Health Care

University of Cincinnati Law Review, Vol. 87, No. 3, 2019, San Diego Legal Studies Paper No. 18-372
Number of pages: 35 Posted: 29 Nov 2018 Last Revised: 14 Jan 2019
Accepted Paper Series
University of San Diego School of Law
Downloads 77
6.

Knowledge and Belief as Criminal Law Mental States

Ohio State Journal of Criminal Law, Forthcoming, San Diego Legal Studies Paper No. 18-369
Number of pages: 13 Posted: 26 Nov 2018 Last Revised: 06 Dec 2018
Accepted Paper Series
University of San Diego School of Law
Downloads 55
7.

Statement of Commissioner Gail Heriot in the U.S. Commission on Civil Rights’ report, Police Use of Force: An Examination of Modern Policing Practices

San Diego Legal Studies Paper No. 18-368
Number of pages: 17 Posted: 16 Nov 2018
Working Paper Series
University of San Diego School of Law
Downloads 153
8.

An Open Letter to Justice Ruth Bader Ginsburg

San Diego Legal Studies Paper No. 18-367
Number of pages: 14 Posted: 13 Nov 2018
Working Paper Series
University of San Diego School of Law
Downloads 59
9.

Obergefell and the Reconstituting of America

San Diego Legal Studies Paper No. 18-364
Number of pages: 34 Posted: 14 Sep 2018
Working Paper Series
University of San Diego School of Law
Downloads 52
10.

'Fixed Star' or Twin Star? the Ambiguity of Barnette

San Diego Legal Studies Paper No. 18-363
Number of pages: 37 Posted: 14 Sep 2018
Working Paper Series
University of San Diego School of Law
Downloads 37
11.

Congress’ Power to Define 'Natural Born': A Reply to Professor Lee

American University Law Review Forum. vol 68, 2018, Forthcoming, San Diego Legal Studies Paper No. 18-362
Number of pages: 12 Posted: 14 Sep 2018 Last Revised: 19 Sep 2018
Accepted Paper Series
University of San Diego School of Law
Downloads 26
12.

Commissioner Gail Heriot Statement and Rebuttal in the U.S. Commission on Civil Rights’ An Assessment of Minority Voting Rights Access in the United States

San Diego Legal Studies Paper No. 18-361
Number of pages: 21 Posted: 14 Sep 2018
Working Paper Series
University of San Diego School of Law
Downloads 123
13.

The Constitutional Limits of Chevron Deference: Meaning Versus Policy

San Diego Legal Studies Paper No. 18-359
Number of pages: 10 Posted: 11 Sep 2018
Working Paper Series
University of San Diego School of Law
Downloads 36
14.

A White Paper on America's Family Values: The Facts About Child Maltreatment and the Child Welfare Financing System

San Diego Legal Studies Paper No. 18-360
Number of pages: 73 Posted: 11 Sep 2018
Working Paper Series
University of San Diego School of Law
Downloads 8
15.

The Parent Trap: Equality, Sex, and Partnership in the Modern Law Firm

San Diego Legal Studies Paper No. 18-358
Number of pages: 71 Posted: 27 Aug 2018 Last Revised: 27 Aug 2018
Working Paper Series
University of San Diego School of Law
Downloads 17
16.

Poor Consumer(s) Law: The Case of High-Cost Credit and Payday Loans

Legal Applications of Marketing Theory, Jacob Gersen & Joel Steckel, eds., Cambridge University Press (2019, Forthcoming) , San Diego Legal Studies Paper No. 18-357 (2018), Bar Ilan University Faculty of Law Research Paper No. 18-20
Number of pages: 34 Posted: 21 Aug 2018 Last Revised: 19 Oct 2018
Accepted Paper Series
Victoria University of Wellington, Bar-Ilan University - Faculty of Law and University of San Diego School of Law
Downloads 181
17.

A Pragmatic Reconstruction of Law's Claim to Authority

Ratio Juris, Volume 32, Issue 1, 2019, San Diego Legal Studies Paper No. 18-366
Number of pages: 38 Posted: 14 Aug 2018 Last Revised: 02 Oct 2018
Accepted Paper Series
University of San Diego School of Law
Downloads 14
18.

The Patient Said He Would Rather Die: Should You Let Him?

Journal of Thoracic and Cardiovascular Surgery, San Diego Legal Studies Paper No. 18-356
Number of pages: 6 Posted: 07 Aug 2018 Last Revised: 24 Sep 2018
Accepted Paper Series
University of San Diego: School of Law, Houston Methodist Hospital, Baylor College of Medicine, Dept. of Surgery, Cardiothoracic Surgery: Texas Heart Institute and Medical University of South Carolina - College of Medicine
Downloads 25
19.

Perceptions of Newsworthiness are Contaminated by a Political Usefulness Bias

Royal Society Open Science, 2018, San Diego Legal Studies Paper No. 18-355
Number of pages: 12 Posted: 03 Aug 2018
Working Paper Series
University of California, San Diego (UCSD) - Department of Psychology and University of San Diego School of Law
Downloads 737
20.

Brief Amicus Curiae of Gail Heriot and Peter N. Kirsanow, Members of the United States Commission on Civil Rights, in Support of Petitioner in Randy Joe Metcalf V. United States (Cert Stage)

San Diego Legal Studies Paper No. 18-352
Number of pages: 36 Posted: 24 Jul 2018
Accepted Paper Series
University of San Diego School of Law and Independent
Downloads 310
21.

Privatizing Procreative Liberty in the Shadow of Eugenics

Journal of Law and the Biosciences, 2018 Forthcoming, San Diego Legal Studies Paper No. 18-351
Number of pages: 19 Posted: 11 Jul 2018
Accepted Paper Series
University of San Diego: School of Law
Downloads 29
22.

Legal Education and the Ethics of Acceptance

San Diego Legal Studies Paper No. 18-354
Number of pages: 14 Posted: 02 Jul 2018
Working Paper Series
University of San Diego School of Law
Downloads 57
23.

The Lemons Problem in Criminal Appeals: On the Pernicious Effects of Douglas v. California

San Diego Legal Studies Paper No. 18-353
Number of pages: 23 Posted: 30 Jun 2018 Last Revised: 01 Aug 2018
Working Paper Series
University of San Diego School of Law
Downloads 17
24.

The Legal Turn in Originalism: A Discussion

San Diego Legal Studies Paper No. 18-350
Number of pages: 22 Posted: 26 Jun 2018 Last Revised: 09 Jul 2018
Accepted Paper Series
Northwestern University - Pritzker School of Law, University of San Diego School of Law, Cato Institute, University of Richmond - School of Law and Arizona State University (ASU) - Sandra Day O'Connor College of Law
Downloads 118
25.

Complicated – But Not Too Complicated: The Sunset of E.U. Law in the U.K. After Brexit

Cardozo Law Review, Vol. 39, No. 3, 2018, San Diego Legal Studies Paper No. 18-348
Number of pages: 16 Posted: 23 May 2018
Working Paper Series
University of San Diego School of Law
Downloads 11
26.

King's Domain

93 Notre Dame Law Review 1419 (2018), San Diego Legal Studies Paper No. 18-349
Number of pages: 22 Posted: 21 May 2018 Last Revised: 17 Oct 2018
Accepted Paper Series
Harvard Law School
Downloads 77
27.

It’s Time for the Executive Branch to Conduct a 'Disparate Impact Inventory': Remarks at the Federalist Society's Sixth Annual Executive Branch Review, April 17, 2018, Washington, D.C.

San Diego Legal Studies Paper No. 18-347
Number of pages: 12 Posted: 21 May 2018 Last Revised: 05 Jun 2018
Working Paper Series
University of San Diego School of Law
Downloads 268
28.

The Politics of Admissions in California

San Diego Legal Studies Paper
Number of pages: 8 Posted: 09 May 2018
Working Paper Series
University of San Diego School of Law
Downloads 201
29.

Low-End Regressivity

Tax Law Review, Forthcoming, Tax Law Review, Forthcoming, San Diego Legal Studies Paper No. 18-365
Number of pages: 71 Posted: 02 May 2018 Last Revised: 21 Sep 2018
Accepted Paper Series
University of San Diego School of Law
Downloads 42
30.

The Case of the Exemption Claimants: Religion, Conscience, and Identity

San Diego Legal Studies Paper No. 18-345
Number of pages: 31 Posted: 30 Apr 2018
Working Paper Series
University of San Diego School of Law
Downloads 85
31.

Why Do Startups Use Trade Secrets?

94 Notre Dame Law Review (2018, Forthcoming), San Diego Legal Studies Paper No. 18-346
Number of pages: 59 Posted: 25 Apr 2018 Last Revised: 02 Jul 2018
Working Paper Series
Elon University School of Law and University of San Diego School of Law
Downloads 128
32.

The NFL as a Workplace: The Prospect of Applying Occupational Health and Safety Law to Protect NFL Workers

Arizona Law Review, Vol. 60, p. 291, 2018, San Diego Legal Studies Paper No.18-344, Harvard Public Law Working Paper No. 18-26
Number of pages: 78 Posted: 17 Apr 2018 Last Revised: 07 Nov 2018
Accepted Paper Series
University of Michigan School of Public Health, D.C. United, University of San Diego School of Law, Harvard Law School and Department of Medical Ethics and Health Policy, Perelman School of Medicine, University of Pennsylvania
Downloads 177
33.

Making Things Right When Reproductive Medicine Goes Wrong: Reply to Robert Rabin, Carol Sanger, and Gregory Keating

Columbia Law Review Online, vol. 118, pages 94-117, 2018, San Diego Legal Studies Paper No. 18-343
Number of pages: 25 Posted: 13 Apr 2018 Last Revised: 09 May 2018
Working Paper Series
University of San Diego: School of Law
Downloads 71
34.

A Community Effort to Protect Genomic Data Sharing, Collaboration and Outsourcing

Genomic Medicine (2017) No.2:33, San Diego Legal Studies Paper No. 18-342
Number of pages: 7 Posted: 09 Apr 2018
Working Paper Series
University of California, San Diego (UCSD), University of California, San Diego (UCSD), Indiana University Bloomington - School of Informatics and Computing, University of California, San Diego (UCSD) - Department of Biomedical Informatics, Indiana University Bloomington - School of Informatics and Computing, GeneCloud Intertrust, McGill University - Department of Human Genetics, University of San Diego: School of Law, University of California, San Diego (UCSD), Microsoft Corporation - Microsoft Research - Redmond, Vanderbilt University - School of Medicine, National Institutes of Health (NIH) - National Human Genome Research Institute, J. Craig Venter Institute, Indiana University Bloomington - School of Informatics and Computing, Indiana University Bloomington - School of Informatics and Computing and University of California, San Diego (UCSD)
Downloads 20
35.

Brief of Amici Curiae Constitutional Law Scholars in Support of Respondents in Trump V. Hawaii, 17-965

San Diego Legal Studies Paper No. 18-340
Number of pages: 55 Posted: 06 Apr 2018
Working Paper Series
Campbell University - Norman Adrian Wiggins School of Law
Downloads 60
36.

Dissenting Statement of Commissioner Gail Heriot in the U.S. Commission on Civil Rights’ Report, Peer-to-Peer Violence and Bullying: Examining the Federal Response

Peer-to-Peer Violence and Bullying: Examining the Federal Response, September 2011, San Diego Legal Studies Paper No. 18-336
Number of pages: 34 Posted: 22 Mar 2018
Accepted Paper Series
University of San Diego School of Law
Downloads 34
37.

Defective Catastrophe Clauses in Wills: Paths to Reform

Real Property, Trust and Estate Law Journal, Forthcoming, San Diego Legal Studies Paper No. 18-337
Number of pages: 30 Posted: 19 Mar 2018 Last Revised: 09 May 2018
Accepted Paper Series
University of San Diego
Downloads 49
38.

Intellectual Property and Technology Startups: What Entrepreneurs Tell Us

in: Technological Innovation: Generating Economic Results, Vol. 2 (Advances in the Study of Entrepreneurship, Innovation & Economic Growth, Vol. 26, M. Thursby, ed.), pp. 163-199. (2016), Georgia Tech Scheller College of Business Research Paper No. 18-5, San Diego Legal Studies Paper No. 18-335
Number of pages: 37 Posted: 06 Mar 2018 Last Revised: 10 Mar 2018
Accepted Paper Series
Georgia Institute of Technology - Scheller College of Business and University of San Diego School of Law
Downloads 78
39.

Property as the Right to Be Left Alone

University of Pennsylvania Law Review, Forthcoming, U of Penn, Inst for Law & Econ Research Paper No. 18-9, San Diego Legal Studies Paper No. 18-336, Bar Ilan University Faculty of Law Research Paper No. 18-11
Number of pages: 60 Posted: 01 Mar 2018 Last Revised: 07 Aug 2018
Accepted Paper Series
Bar Ilan University - Faculty of Law and University of Pennsylvania Law School
Downloads 161
40.

Privileges, Justifications, and the Positive Law Model of the Fourth Amendment

San Diego Legal Studies Paper No. 18-334
Number of pages: 10 Posted: 01 Mar 2018 Last Revised: 04 Mar 2018
Working Paper Series
University of San Diego School of Law
Downloads 81
41.
Downloads 123
43.

Strict Scrutiny, Public Opinion, and Affirmative Action on Campus: Should the Courts Find a Narrowly Tailored Solution to a Compelling Need in a Policy Most Americans Oppose?

Harvard Journal on Legislation, Vol. 40, No. 219, 2003
Number of pages: 18 Posted: 16 Feb 2018
Working Paper Series
University of San Diego School of Law
Downloads 24
44.

The Euro Saga: An Essay

San Diego Legal Studies Paper No. 18-331
Number of pages: 11 Posted: 14 Feb 2018
Working Paper Series
University of San Diego School of Law
Downloads 21
45.

Legal Reasons and Upgrading Reasons

Unpacking Normativity (Forthcoming), San Diego Legal Studies Paper No. 18-330
Number of pages: 25 Posted: 14 Feb 2018
Working Paper Series
University of San Diego School of Law
Downloads 40
46.

War Powers Litigation after Zivotofsky v. Clinton

21 Chapman Law Review 177 (2018), San Diego Legal Studies Paper No. 18-338
Number of pages: 29 Posted: 13 Feb 2018 Last Revised: 01 Apr 2018
Accepted Paper Series
University of San Diego School of Law
Downloads 62
47.

Returning Results to Family Members: Professional Duties in Genomics Research in the United States

Journal of Legal Medicine, Forthcoming, San Diego Legal Studies Paper No. 18-329
Number of pages: 20 Posted: 12 Feb 2018 Last Revised: 15 Feb 2018
Accepted Paper Series
University of San Diego: School of Law, Scripps Translational Science Institute and Scripps Translational Science Institute
Downloads 40
48.

Liberalism, Liberal and Illiberal

San Diego Law Review, Vol. 54, No. 299, 2017, San Diego Legal Studies Paper No. 18-328
Number of pages: 21 Posted: 08 Feb 2018
Accepted Paper Series
University of San Diego School of Law
Downloads 43
49.

The Divided Executive

San Diego Legal Studies Paper No. 18-333
Number of pages: 34 Posted: 03 Feb 2018 Last Revised: 27 Feb 2018
Working Paper Series
University of San Diego School of Law
Downloads 88
50.

Transparency Challenges in Reproductive Health Care

Transparency in Health and Health Care: Legal and Ethical Possibilities and Limits (editors Glenn Cohen, Barbara Evans, Holly Fernandez Lynch & Carmel Shachar) (Forthcoming), San Diego Legal Studies Paper No. 18-327
Number of pages: 17 Posted: 02 Feb 2018 Last Revised: 30 Sep 2018
Accepted Paper Series
University of San Diego: School of Law
Downloads 46