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University of San Diego Law School Legal Studies Research Paper Series

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1.

Family Planning and its Limits

Journal of Contemporary Legal issues, Vol. 23, 2021, San Diego Legal Studies Paper Forthcoming
Number of pages: 43 Posted: 29 Apr 2021 Last Revised: 11 May 2021
Accepted Paper Series
University of San Diego: School of Law
Downloads 14
2.

The Supreme Court's Abortion Exceptionalism

New England Journal of Medicine, vol. 384, year 2021, San Diego Legal Studies Paper Forthcoming
Number of pages: 7 Posted: 29 Apr 2021
Accepted Paper Series
University of San Diego: School of Law and University of San Diego, School of Law, Students
Downloads 7
3.

Transforming the Culture of Juvenile Justice in the Wake of Youth Prison Closures

26 Lewis & Clark L. Rev. ___ (forthcoming 2022) , San Diego Legal Studies Paper Forthcoming
Number of pages: 68 Posted: 21 Apr 2021
Accepted Paper Series
University of San Diego School of Law
Downloads 10
4.

Models of Electronic-Will Legislation

Real Property, Trust and Estate Law Journal, volume 56, no. 2 (summer, 2021), San Diego Legal Studies Paper No. 21-014
Number of pages: 52 Posted: 20 Apr 2021 Last Revised: 30 Apr 2021
Accepted Paper Series
University of San Diego
Downloads 55
5.

Boilerplate Collusion: Clause Aggregation, Antitrust Law & Contract Governance

Minnesota Law Review, Forthcoming, San Diego Legal Studies Paper No. 21-009
Number of pages: 75 Posted: 02 Apr 2021 Last Revised: 22 Apr 2021
Accepted Paper Series
University of San Diego School of Law
Downloads 79
6.

Brief Amicus Curiae of Gail Heriot and Peter N. Kirsanow, Members of the U.S Commission on Civil Rights, in Their Personal Capacities in Support of Petitioner in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (No. 20-1199).

San Diego Legal Studies Paper No. 21-011
Number of pages: 36 Posted: 29 Mar 2021 Last Revised: 22 Apr 2021
Working Paper Series
University of San Diego School of Law and Independent
Downloads 276
7.

The Defeat of Proposition 16 in California and Mr. Dooley: Should the Supreme Court Take Note of “Th’ Iliction Returns” the Next Time It Addresses Race-Preferential Admissions Policies?

22 Fed. Soc. Rev. 72 (2021), San Diego Legal Studies Paper No. 21-012
Number of pages: 17 Posted: 29 Mar 2021 Last Revised: 22 Apr 2021
Accepted Paper Series
University of San Diego School of Law and Independent
Downloads 85
8.

Testifying in support of SB 906: AN ACT CONCERNING NON-COMPETES

San Diego Legal Studies Paper No. 21-008
Number of pages: 4 Posted: 26 Mar 2021 Last Revised: 24 Apr 2021
Working Paper Series
University of San Diego School of Law and Stanford Law School
Downloads 16
9.

The Internet and the Limping Truth

San Diego Legal Studies Paper No. 21-013
Number of pages: 26 Posted: 22 Mar 2021 Last Revised: 24 Apr 2021
Working Paper Series
University of San Diego School of Law
Downloads 30
10.

COVID-19 and Preventing Harm to Vulnerable Children

San Diego Law Review, Vol. 57, 2020, San Diego Legal Studies Paper No. 21-006
Number of pages: 55 Posted: 02 Mar 2021 Last Revised: 22 Apr 2021
Accepted Paper Series
University of San Diego School of Law, University of San Diego School of Law and University of San Diego School of Law
Downloads 20
11.

Streaming & Screaming: Intellectual Property Rights’ Survival in a 21st Century Music Industry

San Diego Legal Studies Paper No. 21-005
Number of pages: 21 Posted: 25 Feb 2021 Last Revised: 27 Apr 2021
Working Paper Series
University of San Diego, School of Law, Students
Downloads 85
12.

Not from Concentrate: Collusion in Collaborative Industries

San Diego Legal Studies Paper No. 21-007
Number of pages: 75 Posted: 23 Feb 2021 Last Revised: 24 Apr 2021
Working Paper Series
University of San Diego School of Law, University of Texas at Austin, Harvard University and University of Texas-Austin
Downloads 90
13.

Presidential Polarization

Northwestern Public Law Research Paper No. 21-05, San Diego Legal Studies Paper Forthcoming
Number of pages: 56 Posted: 19 Feb 2021 Last Revised: 12 May 2021
Accepted Paper Series
Northwestern University - Pritzker School of Law and University of San Diego School of Law
Downloads 123
14.

Wesley Hohfeld's Some Fundamental Legal Conceptions as Applied in Judicial Reasoning (Annotated and Edited)

Wesley Hohfeld a Century Later: Edited Work, Select Personal Papers, and Original Commentaries (Shyam Balganesh, Ted Sichelman & Henry Smith eds., Cambridge University Press, Forthcoming 2021), San Diego Legal Studies Paper No. 21-004
Number of pages: 57 Posted: 14 Feb 2021 Last Revised: 27 Apr 2021
Working Paper Series
University of San Diego School of Law
Downloads 163
15.

Propertizing Fair Use

Virginia Law Review, Forthcoming, U of Penn, Inst for Law & Econ Research Paper No. 21-07, Bar Ilan University Faculty of Law Research Paper No. 21-06, San Diego Legal Studies Paper No. 21-001
Number of pages: 48 Posted: 09 Feb 2021 Last Revised: 22 Apr 2021
Accepted Paper Series
Bar Ilan University - Faculty of Law and Hebrew University of Jerusalem - Faculty of Law
Downloads 61
16.

Lawyer Threats

San Diego Legal Studies Paper No. 21-003
Number of pages: 40 Posted: 06 Feb 2021 Last Revised: 27 Apr 2021
Working Paper Series
University of San Diego School of Law
Downloads 27
17.

Impoverishment by Taxation

University of Pennsylvania Law Review, Forthcoming, San Diego Legal Studies Paper No. 20-480
Number of pages: 68 Posted: 05 Feb 2021 Last Revised: 27 Apr 2021
Accepted Paper Series
University of San Diego School of Law
Downloads 111
18.

Banning Noncompete Agreements to Create Competitive Job Markets

Day One Project, January 2021, San Diego Legal Studies Paper No. 21-010
Number of pages: 16 Posted: 29 Jan 2021 Last Revised: 24 Apr 2021
Working Paper Series
Stanford Law School and University of San Diego School of Law
Downloads 84
19.

The Moral Economy of Fertility Markets: Hope and Hype, History and Inclusion

48 The Journal of Law, Medicine & Ethics 765-767 (2020), San Diego Legal Studies Paper No. 20-479
Number of pages: 5 Posted: 25 Jan 2021 Last Revised: 27 Apr 2021
Accepted Paper Series
University of San Diego: School of Law and Indiana University Robert H. McKinney School of Law
Downloads 26
20.

Codebooks for Cycles of Obviousness

105 Iowa Law Review 107 (2019), San Diego Legal Studies Paper No. 21-002
Number of pages: 88 Posted: 09 Nov 2020 Last Revised: 27 Apr 2021
Accepted Paper Series
University of San Diego School of Law and United States Court of Federal Claims
Downloads 64
21.

"Under Color of Law”? Rogue Officials and the Real State Action Problem

San Diego Legal Studies Paper No. 20-476
Number of pages: 29 Posted: 04 Nov 2020
Working Paper Series
University of San Diego School of Law
Downloads 62
22.

We Are All Gig Workers Now: Online Platforms, Freelancers and The Battles Over Employment Status and Rights During the COVID-19 Pandemic

San Diego Legal Studies Paper No. 20-475, San Diego Law Review, Forthcoming
Number of pages: 19 Posted: 04 Nov 2020
Working Paper Series
University of San Diego School of Law
Downloads 173
23.

The Aggregation/Culpability Puzzle

San Diego Legal Studies Paper No. 20-474
Number of pages: 4 Posted: 28 Oct 2020 Last Revised: 18 Dec 2020
Working Paper Series
University of San Diego School of Law
Downloads 88
24.

Biopolitical Opportunities: Between Datafication & Governance.

San Diego Legal Studies Paper No. 20-473, Notre Dame Law Review Online
Number of pages: 10 Posted: 28 Oct 2020 Last Revised: 13 May 2021
Working Paper Series
University of San Diego School of Law
Downloads 41
25.

Electronic-Wills Legislation: The Uniform Act versus Australian and Canadian Alternatives

Probate & Property, vol. 34, no. 5, Sept./Oct. 2020, San Diego Legal Studies Paper No. 20-477
Number of pages: 18 Posted: 26 Oct 2020 Last Revised: 04 Nov 2020
Accepted Paper Series
University of San Diego and Superior Court of California
Downloads 78
26.

Lawsuit Frequency and Claims Basis Over Lost, Damaged, and Destroyed Frozen Embryos Over a 10-Year Period

San Diego Legal Studies Paper No. 20-472, F&S Reports
Number of pages: 5 Posted: 26 Oct 2020 Last Revised: 28 Oct 2020
Working Paper Series
University of San Diego: School of Law and affiliation not provided to SSRN
Downloads 26
27.

A Two Tiered and Categorical Approach to the Nondelegation Doctrine

San Diego Legal Studies Paper No. 20-471
Number of pages: 26 Posted: 13 Oct 2020 Last Revised: 17 Oct 2020
Working Paper Series
University of San Diego School of Law
Downloads 236
28.

Separation, Enumeration, and the Implied Bill of Rights

Journal of Law and Politics, Forthcoming, San Diego Legal Studies Paper No. 20-470
Number of pages: 35 Posted: 23 Sep 2020 Last Revised: 23 Sep 2020
Accepted Paper Series
University of San Diego School of Law
Downloads 180
29.

Originalism and Birthright Citizenship

109 Georgetown L.J. 405 (2020), San Diego Legal Studies Paper No. 20-469
Number of pages: 78 Posted: 22 Sep 2020 Last Revised: 17 Feb 2021
Accepted Paper Series
University of San Diego School of Law
Downloads 314
30.

Dissenting Statement and Rebuttal of Commissioner Gail L. Heriot in Report of the U.S. Commission on Civil Rights: Subminimum Wages: Impact on the Civil Rights of People with Disabilities.

San Diego Legal Studies Paper No. 20-468
Number of pages: 7 Posted: 17 Sep 2020
Working Paper Series
University of San Diego School of Law
Downloads 296
31.

June Medical Services v. Russo: The Future of Abortion Access in the U.S.

Journal of the American Medical Association Health Forum, San Diego Legal Studies Paper No. 20-467
Number of pages: 6 Posted: 15 Sep 2020 Last Revised: 22 Oct 2020
Accepted Paper Series
University of San Diego: School of Law, Harvard Law School and Brown University Medical School
Downloads 48
32.

Reproducing Race in an Era of Reckoning

105 Minnesota Law Review 233, San Diego Legal Studies 20-466
Number of pages: 19 Posted: 28 Aug 2020 Last Revised: 13 Apr 2021
Accepted Paper Series
University of San Diego: School of Law
Downloads 86
33.

Courts and Foreign Affairs: 'Their Historic Role'

35 Constitutional Commentary 173 (2020), San Diego Legal Studies Paper No. 20-465
Number of pages: 31 Posted: 27 Aug 2020 Last Revised: 10 Mar 2021
Accepted Paper Series
University of San Diego School of Law
Downloads 35
34.

Due Process Overbreadth? The Void for Vagueness Doctrine, Fundamental Rights, and the Brewing Storm over Undefined Consent in Sexual Assault Statutes.

San Diego Legal Studies Paper No. 20-464
Number of pages: 38 Posted: 17 Aug 2020
Working Paper Series
University of San Diego School of Law
Downloads 38
35.

What to Do in a World Full of Risks: Three Issues

San Diego Legal Studies Paper No. 20-463
Number of pages: 18 Posted: 10 Aug 2020 Last Revised: 21 Jan 2021
Working Paper Series
University of San Diego School of Law
Downloads 100
36.

Waking the Dead: An Empirical Analysis of Revival of Wills

UC Davis Law Review, Vol. 53, No. 5, 2020, San Diego Legal Studies Paper No. 20-462
Number of pages: 43 Posted: 29 Jul 2020 Last Revised: 30 Jul 2020
Accepted Paper Series
University of San Diego
Downloads 51
37.

Birth Rights and Wrongs: Reply to Critics (book symposium)

100 Boston University Law Review Online 160, San Diego Legal Studies Paper No. 20-461
Number of pages: 15 Posted: 29 Jul 2020 Last Revised: 13 Apr 2021
Working Paper Series
University of San Diego: School of Law
Downloads 74
38.
Downloads 168
39.

Efficiency and Conservativism.

Nebraska Law Review, Vol. 80, No. 4, 2001, San Diego Legal Studies Paper Forthcoming
Number of pages: 72 Posted: 22 Jul 2020
Working Paper Series
University of San Diego School of Law
Downloads 7
40.

The Case for Noncompetes

86 University of Chicago Law Review 953 (2020), USC CLASS Research Paper No. CLASS20-4, USC Law Legal Studies Paper No. 20-4, San Diego Legal Studies Paper 20-460
Number of pages: 97 Posted: 22 Jul 2020 Last Revised: 23 Jul 2020
Accepted Paper Series
University of Southern California Gould School of Law and University of San Diego School of Law
Downloads 159
41.

Online Appendix for 'An Economic Model of Patent Exhaustion'

Number of pages: 8 Posted: 17 Jul 2020
Working Paper Series
Smith School of Business, Hong Kong University of Science & Technology (HKUST) and University of San Diego School of Law
Downloads 13
42.

The Principle of Responsibility to Protect: Implementation Perspective in Middle East and North Africa

San Diego Legal Studies Paper No. 20-458
Number of pages: 107 Posted: 27 Jun 2020
Working Paper Series
Kuwait International Law School
Downloads 97
43.

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 248
44.

Reply—and Gentle Dissent—to Michael Blake’s “Democracy and Deference”

56 San Diego Law Review (2019), San Diego Legal Studies Paper No. 20-457
Number of pages: 6 Posted: 18 Jun 2020 Last Revised: 20 Aug 2020
Accepted Paper Series
University of San Diego School of Law
Downloads 8
45.

Points of Crisis or, Is It All Over?

56 San Diego Law Review 1069 (2019), San Diego Legal Studies Paper No. 20-456
Number of pages: 20 Posted: 18 Jun 2020 Last Revised: 22 Jul 2020
Accepted Paper Series
University of San Diego School of Law
Downloads 21
46.

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 4
47.

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 274
48.

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

105 Minn. L. Rev. Headnotes 154 (2020), San Diego Legal Studies Paper No. 20-455, University of Florida Levin College of Law Research Paper No. 20-48
Number of pages: 35 Posted: 15 Jun 2020 Last Revised: 29 Jan 2021
Accepted Paper Series
University of Florida Levin College of Law, University of San Diego School of Law and University of Miami School of Law
Downloads 259
49.

The Bureaucratic Takeover of Criminal Sentencing

49 New Mexico Law Review 93 (2019), San Diego Legal Studies Paper No. 20-454
Number of pages: 14 Posted: 13 Jun 2020 Last Revised: 07 Jul 2020
Accepted Paper Series
University of San Diego School of Law
Downloads 30
50.

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 51