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University of San Diego Law School Legal Studies Research Paper Series

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1.

Birth Rights and Wrongs: How Medical Mix‑Ups Are Remaking Reproduction and the Law (Table of Contents, Foreword, and Preface)

Birth Rights and Wrongs: How Medicine and Technology are Remaking Reproduction and the Law (Oxford University Press, 2019); ISBN: 9780190675721, San Diego Legal Studies Paper No. 19-384
Number of pages: 11 Posted: 17 May 2019
Accepted Paper Series
University of San Diego: School of Law
Downloads 6
2.

Cartel Control of Attorney Licensure and the Public Interest

San Diego Legal Studies Paper No. 19-387
Number of pages: 39 Posted: 16 May 2019
Working Paper Series
University of San Diego School of Law
3.

The Trump Administration and the Law of the Lochner Era

107 Georgetown Law Journal 1323 (2019), San Diego Legal Studies Paper No. 19-386
Number of pages: 70 Posted: 06 May 2019 Last Revised: 14 May 2019
Accepted Paper Series
University of San Diego School of Law
Downloads 75
4.

The Goldilocks Path of Legal Scholarship in a Digital Networked World

Loyola University Chicago Law Journal, Vol. 50, No. 403, 2018, San Diego Legal Studies Paper No. 19-385
Number of pages: 12 Posted: 03 May 2019
Working Paper Series
University of San Diego School of Law
Downloads 29
5.

Forgotten Children: Rethinking the Individuals with Disabilites Education Act Behavior Provisions

San Diego Legal Studies Paper No. 19-383
Number of pages: 63 Posted: 20 Apr 2019
Working Paper Series
University of San Diego School of Law
Downloads 25
6.

Gentlemen Prefer Bonds: How Employers Fix the Talent Market

Santa Clara Law Review, Forthcoming, San Diego Legal Studies Paper No. 19-381
Number of pages: 27 Posted: 17 Apr 2019 Last Revised: 24 Apr 2019
Working Paper Series
University of San Diego School of Law
Downloads 11
7.

Knowledge Pays: Reversing Information Flows & The Future of Pay Equity

San Diego Legal Studies Paper No. 19-381, Columbia Law Review, Forthcoming
Number of pages: 65 Posted: 17 Apr 2019 Last Revised: 25 Apr 2019
Working Paper Series
University of San Diego School of Law
Downloads 34
8.

The Architecture of a Basic Income

University of Chicago Law Review, Forthcoming, San Diego Legal Studies Paper Forthcoming, U of Chicago, Public Law Working Paper No. 702, University of Chicago Coase-Sandor Institute for Law & Economics Research Paper No. 874
Number of pages: 62 Posted: 08 Mar 2019 Last Revised: 27 Mar 2019
Accepted Paper Series
University of San Diego School of Law and University of Chicago - Law School
Downloads 175
9.

In Search of Conservatism

San Diego Legal Studies Paper No. 19-378 (2019)
Number of pages: 16 Posted: 12 Feb 2019
Working Paper Series
University of San Diego School of Law
Downloads 40
11.

Vesting Agent-Relative Permissions in a Proxy

Law and Philosophy, 37(6), 2018, pp. 671-695, San Diego Legal Studies Paper No. 18-375
Number of pages: 26 Posted: 19 Jan 2019 Last Revised: 31 Jan 2019
Accepted Paper Series
UC San Diego
Downloads 14
12.

Free Speech Challenges to Trademark Law After Matal v. Tam

Houston Law Review, Vol. 56, No. 401, 2018, San Diego Legal Studies Paper No. 18-374
Number of pages: 71 Posted: 16 Jan 2019 Last Revised: 26 Jan 2019
Accepted Paper Series
University of San Diego School of Law
Downloads 52
13.

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 39
14.

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 105
15.

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 110
16.

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 85
17.

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 71
18.

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 301
19.

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 78
20.

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 57
21.

'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 44
22.

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 27
23.

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 126
24.

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 39
25.

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 12
26.

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 25
27.

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: 36 Posted: 21 Aug 2018 Last Revised: 15 May 2019
Accepted Paper Series
Victoria University of Wellington, Bar-Ilan University - Faculty of Law and University of San Diego School of Law
Downloads 212
28.

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

Multiple version iconThere are 2 versions of this paper

Downloads 15
29.

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 27
30.

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 804
31.

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 313
32.

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 30
33.

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 59
34.

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 18
35.

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 128
36.

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 13
37.

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
University of San Diego School of Law
Downloads 90
38.

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 275
39.

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 209
40.

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 54
41.

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 91
42.

Why Do Startups Use Trade Secrets?

94 Notre Dame Law Review 751 (2018), San Diego Legal Studies Paper No. 18-346
Number of pages: 70 Posted: 25 Apr 2018 Last Revised: 10 Feb 2019
Working Paper Series
Elon University School of Law and University of San Diego School of Law
Downloads 158
43.

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 195
44.

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 87
45.

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 21
46.

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 96
47.

Stop and Frisk in a Concealed Carry World

Washington Law Review, Forthcoming, San Diego Legal Studies Paper No. 18-339
Number of pages: 52 Posted: 05 Apr 2018 Last Revised: 23 Mar 2019
Working Paper Series
Campbell University - Norman Adrian Wiggins School of Law
Downloads 88
48.

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
49.

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 56
50.

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 85