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University of Wisconsin Law School Legal Studies Research Paper Series

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Viewing: 1 - 50 of 539 papers

1.

An Error and an Evil: The Strange History of Implied Commerce Powers

American University Law Review, Vol. 68, 2019, Univ. of Wisconsin Legal Studies Research Paper No. 1463
Number of pages: 89 Posted: 14 Feb 2019
Working Paper Series
University of Wisconsin Law School
Downloads 8
2.

Feigned Consensus: Usurping the Law in Shaken Baby Syndrome/Abusive Head Trauma Prosecutions

Univ. of Wisconsin Legal Studies Research Paper No. 1461, 2019
Number of pages: 63 Posted: 05 Feb 2019 Last Revised: 10 Feb 2019
Working Paper Series
University of Wisconsin Law School, Seton Hall University School of Law, Stanford University - Pediatric Radiology and Neuroradiology, Pennsylvania State University - Penn State Hershey Medical Center, University of Michigan Law School, Professor of Law, Cardozo Law School, Co-Director, Innocence Project and American Academy of Forensic Sciences
Downloads 204
3.

Successor CEOs

Boston University Law Review (2019, Forthcoming), Univ. of Wisconsin Legal Studies Research Paper No. 1459
Number of pages: 47 Posted: 12 Jan 2019 Last Revised: 16 Jan 2019
Accepted Paper Series
University of Wisconsin Law School
Downloads 45
4.

Legal Realist Innovation in the Wisconsin Law School Curriculum 1950-1970: Four Influential Introductory Courses

Univ. of Wisconsin Legal Studies Research Paper No. 1458
Number of pages: 22 Posted: 10 Jan 2019 Last Revised: 30 Jan 2019
Working Paper Series
University of Wisconsin Law School
Downloads 44
5.

The Merger Incipiency Doctrine and the Importance of 'Redundant' Competitors

2018 Wisconsin Law Review 783 (2018), Univ. of Wisconsin Legal Studies Research Paper No. 1440
Number of pages: 63 Posted: 16 Oct 2018 Last Revised: 15 Jan 2019
Accepted Paper Series
University of Wisconsin Law School and University of Baltimore - School of Law
Downloads 112
6.

The Philadelphia National Bank Presumption: Merger Analysis in a Dynamic Economy

Antitrust Law Journal, Vol. 80, 2015, Univ. of Wisconsin Legal Studies Research Paper No. 1457
Number of pages: 51 Posted: 10 Oct 2018
Working Paper Series
University of Wisconsin Law School
Downloads 3
7.

Remedies for Monopolization from Standard Oil to Microsoft and Intel: The Changing Nature of Monopoly Law from Elimination of Market Power to Regulation of Its Use

Southern California Law Review, Vol. 85, 2012, Univ. of Wisconsin Legal Studies Research Paper No. 1456
Number of pages: 29 Posted: 10 Oct 2018
Working Paper Series
University of Wisconsin Law School
Downloads 7
8.

Controlling Unjustified Anticompetitive State and Local Regulation: Where is Attorney General Waldo

Antitrust Bulliten, Vol. 56, 2011, Univ. of Wisconsin Legal Studies Research Paper No. 1455
Number of pages: 53 Posted: 10 Oct 2018
Working Paper Series
University of Wisconsin Law School
Downloads 4
9.

Lost in (Doctrinal) Translation: The Misleading Retelling of the Supreme Court's Antitrust Decisions on Restraints of Trade

SMU Law Review, Vol. 62, 2009, Univ. of Wisconsin Legal Studies Research Paper No. 1453
Number of pages: 33 Posted: 10 Oct 2018
Working Paper Series
University of Wisconsin Law School
Downloads 2
10.

Replacing Antitrust Exemptions for Transportation Industries: The Potential for a 'Robust Business Review Clearance'

Oregon Law Review, Vol. 89, 2011, Univ. of Wisconsin Legal Studies Research Paper No. 1454
Number of pages: 49 Posted: 10 Oct 2018
Working Paper Series
University of Wisconsin Law School
Downloads 2
11.

Decolonization, Compensation and Constitutionalism: Land, Wealth and the Sustainability of Constitutionalism in Post-Apartheid South Africa

South African Journal on Human Rights (Forthcoming), Univ. of Wisconsin Legal Studies Research Paper No. 1451
Number of pages: 22 Posted: 05 Sep 2018
Accepted Paper Series
University of Wisconsin Law School
Downloads 62
12.

Understanding State Agency Independence

117 Michigan Law Review (2019 Forthcoming), Univ. of Wisconsin Legal Studies Research Paper No. 1450
Number of pages: 55 Posted: 27 Aug 2018 Last Revised: 08 Feb 2019
Working Paper Series
University of Wisconsin Law School
Downloads 157
13.

The Judicialization of Peace

59 Harvard International Law Journal 279 (2018), Univ. of Wisconsin Legal Studies Research Paper No. 1449
Number of pages: 53 Posted: 07 Aug 2018
Accepted Paper Series
University of Nebraska at Lincoln, University of Wisconsin Law School and Universidad de los Andes, Colombia
Downloads 34
14.

Campaigns, Inc.

103 Minnesota L. Rev. 151 (2018), Univ. of Wisconsin Legal Studies Research Paper No. 1448
Number of pages: 79 Posted: 19 Jul 2018 Last Revised: 25 Jan 2019
Accepted Paper Series
University of Wisconsin Law School
Downloads 139
15.

A Relational Perspective on Contract Law's Default Rules, with an Emphasis on Remedies

forthcoming in Research Handbook in Private Law Remedies, David Campbell & Roger Halsom eds., Univ. of Wisconsin Legal Studies Research Paper No. 1446
Number of pages: 37 Posted: 09 Jul 2018
Accepted Paper Series
University of Wisconsin Law School
Downloads 65
16.

Layering, Conversion and Drifting: A Comparative Analysis of Path Dependent Change in Consumer Insolvency Systems

93 Chicago-Kent Law Review 101 (2018 Forthcoming), Univ. of Wisconsin Legal Studies Research Paper No. 1447
Number of pages: 37 Posted: 06 Jul 2018
Accepted Paper Series
University of Wisconsin Law School
Downloads 22
17.

Balanced Judicial Realism in the Service of Justice: Judge Richard D. Cudahy

67 Depaul Law Review 655 (2018), Univ. of Wisconsin Legal Studies Research Paper No. 1445
Number of pages: 31 Posted: 08 Jun 2018
Accepted Paper Series
University of Wisconsin - Madison and Cornell University - Law School
Downloads 21
18.

Essay: The Administrative Process from the Bottom Up: Reflections on the Role, If Any, for Judicial Review

Administrative Law Review, Vol. 69, 2017, U of Texas Law, Public Law Research Paper, Univ. of Wisconsin Legal Studies Research Paper
Number of pages: 59 Posted: 06 Jun 2018
Accepted Paper Series
University of Wisconsin Law School and University of Texas at Austin – School of Law
Downloads 58
19.

Reducing Error in the Criminal Justice System

48 Seton Hall Law Review 1265 (2018), Univ. of Wisconsin Legal Studies Research Paper No. 1443
Number of pages: 54 Posted: 09 May 2018 Last Revised: 29 Aug 2018
Working Paper Series
University of Wisconsin Law School
Downloads 78
20.

The Science and Law Underlying Post-Conviction Challenges to Shaken Baby Syndrome Convictions: A Response to Professor Imwinkelried

48 Seton Hall Law Review 1209 (2018), Univ. of Wisconsin Legal Studies Research Paper No. 1442, Seton Hall Public Law Research Paper
Number of pages: 19 Posted: 08 May 2018 Last Revised: 29 Aug 2018
Accepted Paper Series
University of Wisconsin Law School and Seton Hall University School of Law
Downloads 250
21.

Do Investment Promotion Agencies Promote Bilateral Investment Treaties?

Chapter 15 in Yearbook on International Law & Policy 2013-2014, Andrea K. Bjorklun, ed. Oxford University Press, 2015. PP. 529-552., Univ. of Wisconsin Legal Studies Research Paper No. 1439
Number of pages: 29 Posted: 18 Apr 2018
Accepted Paper Series
University of Wisconsin Law School
Downloads 23
22.

Measuring Change: From Rates of Recidivism to Markers of Desistance

The Journal of Criminal Law and Criminology, Forthcoming, Univ. of Wisconsin Legal Studies Research Paper No. 1441
Number of pages: 47 Posted: 21 Mar 2018 Last Revised: 13 Apr 2018
Accepted Paper Series
University of Wisconsin Law School
Downloads 125
23.

Social Justice Advocacy and Innovation: The Wisconsin Center for Public Representation 1974-Present

25 Georgetown Journal on Poverty Law and Policy (2) pp.221-255 (2018), Univ. of Wisconsin Legal Studies Research Paper No. 1438
Number of pages: 36 Posted: 14 Mar 2018
Accepted Paper Series
University of Wisconsin Law School
Downloads 41
24.

Media, Marriage, and the Construction of the LGBT Legal Agenda

69 Rutgers University Law Review 691 (2017), Univ. of Wisconsin Legal Studies Research Paper No. 1437
Number of pages: 51 Posted: 06 Feb 2018
Accepted Paper Series
University of Wisconsin Law School
Downloads 36
25.

Beyond the Numbers: Substantive Gender Diversity in Boardrooms

Indiana Law Journal, Vol. 94 (Forthcoming), Univ. of Wisconsin Legal Studies Research Paper No. 1436
Number of pages: 65 Posted: 03 Feb 2018 Last Revised: 22 Mar 2018
Accepted Paper Series
University of Wisconsin Law School
Downloads 466
26.

Constitutions as Basic Structure

Univ. of Wisconsin Legal Studies Research Paper No. 1435
Number of pages: 16 Posted: 04 Jan 2018 Last Revised: 17 Jan 2018
Working Paper Series
University of Wisconsin Law School
Downloads 66
27.

Badger State Infamy: Wisconsin's Early Sex Trade

Wisconsin Lawyer, 22-26, Oct. 2017., Univ. of Wisconsin Legal Studies Research Paper No. 1434
Number of pages: 6 Posted: 20 Nov 2017
Accepted Paper Series
University of Wisconsin Law School
Downloads 33
28.

Why Civil and Criminal Procedure Are So Different: A Forgotten History

86 Fordham Law Review 697 (2017), Univ. of Wisconsin Legal Studies Research Paper No. 1433
Number of pages: 42 Posted: 15 Nov 2017
Accepted Paper Series
University of Wisconsin Law School
Downloads 270
29.

Introduction to Symposium on the Constitutionalization of International Law in Latin America

109 AJIL Unbound 89 (2015), Univ. of Wisconsin Legal Studies Research Paper No. 1428
Number of pages: 5 Posted: 12 Nov 2017
Accepted Paper Series
University of Wisconsin Law School
Downloads 12
30.

Introduction to Symposium on Devika Hovell, ‘Due Process in the United Nations’

110 AJIL Unbound 1 (2016), Univ. of Wisconsin Legal Studies Research Paper No. 1431
Number of pages: 3 Posted: 12 Nov 2017
Accepted Paper Series
University of Wisconsin Law School
Downloads 9
31.

Introduction to Symposium on the Columbian Peace Talks and International Law

110 AJIL Unbound 161 (2016) , Univ. of Wisconsin Legal Studies Research Paper No. 1430
Number of pages: 5 Posted: 12 Nov 2017
Accepted Paper Series
University of Wisconsin Law School and Universidad de Los Andes, Faculty of Law
Downloads 10
32.

Law School-Administered Financial Aid: The Good News and the Bad News

67 Journal of Legal Education 4 (2017), Univ. of Wisconsin Legal Studies Research Paper No. 1426
Number of pages: 14 Posted: 10 Nov 2017 Last Revised: 10 Nov 2017
Accepted Paper Series
University of Wisconsin Law School
Downloads 85
33.

Property's Role in the Fundamental Political Structure of Nations: The Southern African Experience

6 Brigham-Kanner Prop. Rts. Conf. J. 145 (2017), Univ. of Wisconsin Legal Studies Research Paper No. 1425
Number of pages: 35 Posted: 01 Nov 2017
Accepted Paper Series
University of Wisconsin Law School
Downloads 30
34.

Tipping the Scales of Justice: The Role of the Nonprofit Sliding Scale Law Firm in the Delivery of Legal Services

Univ. of Wisconsin Legal Studies Research Paper No. 1424, 20 NYU J. of Legs & Pub. Pol'y 375 (2017)
Number of pages: 29 Posted: 22 Sep 2017
Accepted Paper Series
University of Wisconsin Law School
Downloads 93
35.

Reconciling Agency Fee Doctrine, the First Amendment, and the Modern Public Sector Union

112 NW. U. L. Rev., 2018 Forthcoming, Univ. of Wisconsin Legal Studies Research Paper No. 1423
Number of pages: 64 Posted: 05 Sep 2017 Last Revised: 14 Sep 2017
Working Paper Series
University of Wisconsin Law School
Downloads 133
36.

Resistance, Indifference or Ignorance? Explaining Russia's Nonuse of Mediation

32 Ohio State Journal on Dispute Resolution 487 (2017), Univ. of Wisconsin Legal Studies Research Paper No. 1422
Number of pages: 29 Posted: 20 Aug 2017
Accepted Paper Series
University of Wisconsin-Madison Law School
Downloads 12
37.

Further from the People? The Puzzle of State Administration

93 N.Y.U. L. Rev. 107 (2018), Univ. of Wisconsin Legal Studies Research Paper No. 1421
Number of pages: 69 Posted: 10 Aug 2017 Last Revised: 04 May 2018
Accepted Paper Series
University of Wisconsin Law School
Downloads 212
38.

Out of Sight Out of Mind: The Case for Improving Director Independence Disclosure

43 Journal of Corporation Law, 35 (2017), Univ. of Wisconsin Legal Studies Research Paper No. 1420
Number of pages: 44 Posted: 31 Jul 2017 Last Revised: 11 Jan 2018
Accepted Paper Series
University of Wisconsin Law School
Downloads 321
39.

Campaign Finance Reform Without Law

103 Iowa Law Review 185 (2017), Univ. of Wisconsin Legal Studies Research Paper No. 1418
Number of pages: 60 Posted: 14 Jul 2017 Last Revised: 13 Dec 2017
Accepted Paper Series
University of Wisconsin Law School
Downloads 206
40.

International Environmental Law, Environmental Justice, and the Global South

Transnational Law & Contemporary Problems, Vol. 26, No. 2, p. 229, 2017, Seattle University School of Law Research Paper No. 17-17, Univ. of Wisconsin Legal Studies Research Paper No. 1419
Number of pages: 15 Posted: 26 Jun 2017 Last Revised: 25 Jul 2017
Accepted Paper Series
Seattle University School of Law and University of Wisconsin Law School
Downloads 105
41.

Do Muddy Waters Shift Burdens?

76 Maryland Law Review 629 (2017), Univ. of Wisconsin Legal Studies Research Paper No. 1417
Number of pages: 35 Posted: 28 May 2017 Last Revised: 20 Jun 2017
Accepted Paper Series
University of Wisconsin Law School, Frank J. Remington Center and Arizona State University, Sandra Day O'Connor Coll
Downloads 122
42.

Work and Life and Death: A Law School Dean's Perspective

Univ. of Wisconsin Legal Studies Research Paper No. 1416, 48 University of Toledo Law Review 303 (2017)
Number of pages: 4 Posted: 18 May 2017
Accepted Paper Series
University of Wisconsin Law School
Downloads 52
43.

New Legal Realism: Unpacking a Proposed Definition

Univ. of Wisconsin Legal Studies Research Paper No. 1415, 6 UC Irvine Law Review 149 (2016)
Number of pages: 21 Posted: 18 May 2017
Accepted Paper Series
University of Wisconsin Law School
Downloads 100
44.

Introduction: New Legal Realism at Ten Years and Beyond

6 UC Irvine Law Review 121 (2016), Univ. of Wisconsin Legal Studies Research Paper No. 1414
Number of pages: 17 Posted: 18 May 2017
Accepted Paper Series
University of Wisconsin - Madison and University of California, Irvine School of Law
Downloads 71
45.

Complex Kinship Networks in Fragile Families

85 Fordham Law Review 2567 (2017), Univ. of Wisconsin Legal Studies Research Paper No. 1411
Number of pages: 13 Posted: 16 May 2017
Accepted Paper Series
University of Wisconsin Law School
Downloads 35
46.

Politicized Dispute Settlement in the Pre-Investment Treaty Era: A Micro-Historical Approach

Univ. of Wisconsin Legal Studies Research Paper No. 1412
Number of pages: 48 Posted: 16 May 2017
Working Paper Series
University of Wisconsin Law School
Downloads 143
47.

The New Welfare Rights

83 Brooklyn Law Review 875 (2018), Univ. of Wisconsin Legal Studies Research Paper No. 1413
Number of pages: 58 Posted: 25 Apr 2017 Last Revised: 18 Jun 2018
Accepted Paper Series
University of Wisconsin Law School
Downloads 153
48.

Bias, Subjectivity, and Wrongful Convictions

50 U. Mich. J. L. Reform 779 (2017), Univ. of Wisconsin Legal Studies Research Paper No. 1410
Number of pages: 17 Posted: 22 Apr 2017
Accepted Paper Series
University of Wisconsin - Madison - UW Madison Law School
Downloads 79
49.

A Few Predictions for Justice Gorsuch's Bankruptcy Jurisprudence

8 California Law Review Online 40 (2017), Univ. of Wisconsin Legal Studies Research Paper No. 1409
Number of pages: 12 Posted: 10 Apr 2017 Last Revised: 19 Jan 2018
Accepted Paper Series
University of Wisconsin Law School
Downloads 44
50.

New Legal Realism Volume I: Translating Law-and-Society for Today's Legal Practice

Elizabeth Mertz, Thomas W. Mitchell, Stewart Macaulay (eds.), New Legal Realism Volume 1: Translating Law-and-Society for Today's Legal Practice, Cambridge University Press: New York (2016)., Univ. of Wisconsin Legal Studies Research Paper No. 1408, Texas A&M University School of Law Legal Studies Research Paper No. 17-38
Posted: 06 Apr 2017 Last Revised: 20 Jun 2017
Accepted Paper Series
University of Wisconsin - Madison, University of Wisconsin Law School and Texas A&M University School of Law