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Rutgers Law School Legal Studies Research Paper Series

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Viewing: 1 - 50 of 202 papers

1.

In Defense of Circular Reasoning: The Affordable Care Act and the Resilience of Law and Self-Reference

5 William & Mary Pol'y Rev. 1 (2014)
Number of pages: 49 Posted: 09 Dec 2014
Working Paper Series
Rutgers School of Law - Newark
Downloads 35
2.

Federalizing Principles of Donative Intent and Unanticipated Circumstances

Vanderbilt Law Review, Vol. 67, No. 6, 2014
Number of pages: 14 Posted: 22 Nov 2014
Accepted Paper Series
Rutgers Law School
Downloads 66
3.

Anticipating the Storm: Predicting and Preventing Global Technology Conflicts

44 Arizona State Law Journal 899, 2014
Number of pages: 55 Posted: 21 Nov 2014
Accepted Paper Series
Rutgers Law School
Downloads 155
4.

Beyond Fairness: The Place of Moral Foundations Theory in Mediation and Negotiation

15 Nevada Law Journal 959 (2015), Rutgers School of Law-Newark Research Paper No. 150
Number of pages: 33 Posted: 19 Oct 2014 Last Revised: 27 Oct 2015
Accepted Paper Series
Rutgers Law School
Downloads 148
5.

Unmasking Mullane: Due Process, Common Trust Funds, and the Class Action Wars

Number of pages: 38 Posted: 29 Sep 2014 Last Revised: 30 Sep 2014
Working Paper Series
Rutgers Law School - Newark
Downloads 60
6.

State-Owned Enterprises in the Current Regime of Investor-State Arbitration

The Role of the State in Investor-State Arbitration (Martinus Nijhoff / BRILL, Forthcoming)
Number of pages: 19 Posted: 31 Jul 2014
Accepted Paper Series
Rutgers, The State University of New Jersey
Downloads 409
7.

Interactions between Domestic Social Norms and International Law Over Trade Dispute Resolution

The Rule of Law at the National and International Levels: Contestations and Deference, Hart Publishing, Forthcoming
Number of pages: 33 Posted: 31 Jul 2014
Accepted Paper Series
Rutgers, The State University of New Jersey
Downloads 98
8.

Preponderance of the Evidence: Some History

Rutgers School of Law-Newark Research Paper No. 149
Number of pages: 58 Posted: 16 Jul 2014 Last Revised: 16 Aug 2014
Accepted Paper Series
Rutgers Law School - Newark
Downloads 234
9.

Review of Tarter and Bell, Buried Lives: Incarcerated in Early America

31 Law & History Rev. 484 (2013), Rutgers School of Law-Newark Research Paper No. 147
Number of pages: 4 Posted: 02 Jun 2014 Last Revised: 16 Aug 2014
Accepted Paper Series
Rutgers Law School
Downloads 32
10.

Teaching the Carceral Crisis: An Ethical and Pedagogical Imperative

13 MARGINS (University of Maryland Law Journal of Race, Religion, Gender and Class) 104 (July 2013), 104-133, Rutgers School of Law-Newark Research Paper No. 146
Number of pages: 31 Posted: 21 May 2014 Last Revised: 16 Aug 2014
Accepted Paper Series
Rutgers Law School
Downloads 67
11.

The Ironic Promise of the Thirteenth Amendment for Offender Anti-Discrimination Law

Lewis & Clark Law Review, Vol. 17, No. 4, 2013, Rutgers School of Law-Newark Research Paper No. 145
Number of pages: 50 Posted: 21 May 2014 Last Revised: 02 Apr 2015
Working Paper Series
Rutgers Law School
Downloads 65
12.

Health Rights at the Juncture between State and Market: The People's Republic of China

The Right to Health at the Public/Private Divide: A Global Comparative Study (Colleen Flood and Aeyal Gross, eds.), 2014, Rutgers School of Law-Newark Research Paper No. 144
Number of pages: 46 Posted: 12 May 2014 Last Revised: 27 Jun 2014
Working Paper Series
Rutgers School of Law - Newark
Downloads 60
13.

Does Law Matter in China? An Empirical Study of a Limiting Case

George Washington International Law Review, Vol. 46, 2014, Rutgers School of Law-Newark Research Paper No. 143
Number of pages: 53 Posted: 19 Apr 2014 Last Revised: 17 Oct 2016
Working Paper Series
Rutgers, The State University of New Jersey
Downloads 175
14.

A Brief History of United States Labor and Employment Law

3 The Oxford International Encyclopedia of Legal History 477-86 (Stanley N. Katz ed.) (2009), Rutgers School of Law-Newark Research Paper No. 122
Number of pages: 11 Posted: 06 Apr 2014 Last Revised: 14 Jun 2016
Working Paper Series
Rutgers Law School
Downloads 731
15.

Nexus Redux

Indiana Law Journal, Vol. 90, 2015, Forthcoming, Rutgers School of Law-Newark Research Paper No. 142
Number of pages: 49 Posted: 31 Mar 2014 Last Revised: 22 Jan 2015
Accepted Paper Series
Rutgers, The State University of New Jersey - Rutgers Law School
Downloads 18
16.

Congressional Statement of Reid K. Weisbord Regarding Social Security Representative Payee Misuse to United States House Ways and Means Committee (June 5, 2013)

Rutgers School of Law-Newark Research Paper No. 140
Number of pages: 5 Posted: 01 Mar 2014
Working Paper Series
Rutgers Law School
Downloads 25
17.

Book Review of Immortality and the Law: The Rising Power of the American Dead (2010) by Ray D. Madoff

Journal of the American Taxation Association, 2012
Number of pages: 2 Posted: 26 Feb 2014
Accepted Paper Series
Rutgers Law School
Downloads 31
18.

The Connection Between Unintentional Intestacy and Urban Poverty

Rutgers Law Review (Commentary, Aug. 22, 2012), Rutgers School of Law-Newark Research Paper No. 138
Number of pages: 8 Posted: 26 Feb 2014
Accepted Paper Series
Rutgers Law School
Downloads 38
19.

A Human Rights Framework for Debt Relief

Rutgers School of Law-Newark Research Paper No. 139
Number of pages: 75 Posted: 09 Feb 2014 Last Revised: 02 Feb 2015
Working Paper Series
Rutgers University School of Law
Downloads 111
20.

Trends in Library Systems: Improved Workflow Processes, Greater Collaboration, and Unbounded Openness

32 Legal Reference Services Quarterly 307 (2013), Rutgers School of Law-Newark Research Paper No. 141
Posted: 11 Dec 2013
Accepted Paper Series
Rutgers Law Library-Newark
21.

Rethinking the Penalty for the Failure to File Gift Tax Returns

Tax Notes, Vol. 141, No. 7, 2013, Rutgers School of Law-Newark Research Paper No. 137, Pepperdine University Legal Studies Research Paper No. 2014/2
Number of pages: 6 Posted: 06 Dec 2013 Last Revised: 28 Dec 2014
Accepted Paper Series
Rutgers University, Pepperdine University - School of Law, Rutgers University School of Law and Duke University School of Law
Downloads 123
22.

Oh My Blawg! Who Will Save the Legal Blogs?

Law Library Journal Vol. 105:4 [2013-26], Rutgers School of Law-Newark Research Paper No. 135
Number of pages: 11 Posted: 14 Nov 2013 Last Revised: 21 Nov 2014
Accepted Paper Series
Rutgers Law Library-Newark
Downloads 100
23.

Trust Term Extension

Florida Law Review, Forthcoming, Rutgers School of Law-Newark Research Paper No. 136
Number of pages: 54 Posted: 30 Oct 2013 Last Revised: 23 Jun 2015
Accepted Paper Series
Rutgers Law School
Downloads 124
24.

Snubbed Landmark: Why United States v. Cruikshank (1876) Belongs at the Heart of the American Constitutional Canon

Harvard Civil Rights - Civil Liberties Law Review (CR-CL), Vol. 49, pp. 385-447, 2014, Rutgers School of Law-Newark Research Paper No. 133
Number of pages: 81 Posted: 24 Oct 2013 Last Revised: 21 Jun 2014
Accepted Paper Series
Rutgers Law School
Downloads 512
25.

The Power to Decide on Takeovers: Directors or Shareholders, What Difference Does It Make?

Fordham Journal of Corporate and Financial Law, Vol. 1, No. 20, 2014, Rutgers School of Law-Newark Research Paper No. 132
Number of pages: 72 Posted: 25 Sep 2013 Last Revised: 15 Dec 2014
Accepted Paper Series
Rutgers, The State University of New Jersey - Rutgers Law School
Downloads 418
26.

Introduction: Symposium on Thirteen Ways to Steal a Bicycle

New England Law Review, Vol. 47, No. 4, 2013, Rutgers School of Law-Newark Research Paper No. 131
Number of pages: 18 Posted: 29 Aug 2013
Accepted Paper Series
Rutgers, The State University of New Jersey - Rutgers Law School

Multiple version iconThere are 2 versions of this paper

Downloads 30
27.

Introduction: Symposium on Thirteen Ways to Steal a Bicycle

New England Law Review, Vol. 47, No. 4, 2013, Rutgers School of Law-Newark Research Paper No. 128
Number of pages: 18 Posted: 29 Aug 2013
Accepted Paper Series
Rutgers, The State University of New Jersey - Rutgers Law School

Multiple version iconThere are 2 versions of this paper

Downloads 39
28.

Killing with Discrimination

Chapter in: 'War Ethics' (Samuel C. Rickless and Saba Bazargan, eds.) 2014, Forthcoming, Rutgers School of Law-Newark Research Paper No. 130
Number of pages: 16 Posted: 13 Aug 2013
Accepted Paper Series
Rutgers Law School
Downloads 57
29.

Vice Crimes and Preventive Justice

Criminal Law and Philosophy, Forthcoming, Rutgers School of Law-Newark Research Paper No. 129
Number of pages: 18 Posted: 06 Aug 2013 Last Revised: 16 Sep 2013
Working Paper Series
Rutgers, The State University of New Jersey - Rutgers Law School
Downloads 148
30.

What Should the Proposed Restatement of Employment Law Say About Remedies?

Employee Rights and Employment Policy Journal, Vol. 16, No. 2, 2012, Rutgers School of Law-Newark Research Paper No. 123
Number of pages: 14 Posted: 11 May 2013
Working Paper Series
Rutgers University - School of Law
Downloads 41
31.

Overcoming Citizenship: Six Practical Steps for Overcoming the Hierarchy of Nationality

Rutgers School of Law-Newark Research Paper No. 125
Number of pages: 21 Posted: 11 May 2013
Working Paper Series
Rutgers University - School of Law
Downloads 105
32.

The Law and Economics of Family Unification

Georgetown Immigration Law Review, Forthcoming, Rutgers School of Law-Newark Research Paper No. 124
Number of pages: 32 Posted: 11 May 2013
Accepted Paper Series
Rutgers University - School of Law
Downloads 92
33.

Social Security Representative Payee Misuse

Penn State Law Review, Vol. 117, No. 4, 2013, Rutgers School of Law-Newark Research Paper No. 127
Number of pages: 33 Posted: 22 Apr 2013
Accepted Paper Series
Rutgers Law School
Downloads 110
34.

Hindsight is 20/20: Finding Teachable Moments in the Extraordinary and Applying Them to the Ordinary

NYLS Clinical Research Institute Paper No. 25/2013, Rutgers School of Law-Newark Research Paper No. 126
Number of pages: 63 Posted: 01 Feb 2013 Last Revised: 16 Sep 2013
Working Paper Series
Rutgers U. School of Law-Newark
Downloads 34
35.

Shadow Banking and Financial Distress: The Treatment of 'Money-Claims' in Bankruptcy

Rutgers School of Law-Newark Research Paper No. 148
Number of pages: 63 Posted: 06 Jan 2013 Last Revised: 16 Aug 2014
Accepted Paper Series
Rutgers University School of Law
Downloads 216
36.

Retributivism: The Right and the Good

Law and Philosophy, Vol. 31, 2012, Rutgers School of Law-Newark Research Paper
Number of pages: 24 Posted: 30 Oct 2012 Last Revised: 13 Aug 2013
Accepted Paper Series
Rutgers Law School
Downloads 111
37.

What's Different About the Thirteenth Amendment, and Why Does It Matter?

Maryland Law Review, Vol. 71, pp. 189-202, 2011, Rutgers School of Law-Newark Research Paper
Number of pages: 14 Posted: 12 Sep 2012 Last Revised: 13 Sep 2012
Working Paper Series
Rutgers Law School
Downloads 128
38.

When Certainty Dissolves into Probability: A Legal Vision of Toxic Causation for the Post-Genomic Era

Washington and Lee Law Review, Vol. 70, No. 1, p. 237, 2013
Number of pages: 103 Posted: 22 Aug 2012 Last Revised: 27 May 2014
Accepted Paper Series
Rutgers School of Law-Newark
Downloads 181
39.

When is it Wrong to Trade Stocks on the Basis of Inside Information? Public Views of the Morality of Insider Trading

Fordham Urban Law Journal, Vol. 39, p. 445, 2011 , Rutgers School of Law-Newark Research Paper No. 120
Number of pages: 41 Posted: 10 Jul 2012 Last Revised: 29 Aug 2012
Accepted Paper Series
Rutgers, The State University of New Jersey - Rutgers Law School and Northwestern University - Pritzker School of Law
Downloads 120
40.

A Fitting Vision of Science for the Courtroom

3 Wake Forest Journal of Law and Policy 1 (2013), Rutgers School of Law-Newark Research Paper No. 118
Number of pages: 39 Posted: 05 Jul 2012 Last Revised: 27 May 2014
Accepted Paper Series
Rutgers School of Law-Newark
Downloads 177
41.

Social Science Studies and the Children of Lesbians and Gay Men: The Rational Basis Perspective

William & Mary Bill of Rights Journal, Vol. 21, No. 3, 2013, Rutgers School of Law-Newark Research Paper No. 21
Number of pages: 74 Posted: 09 Jun 2012 Last Revised: 25 Mar 2013
Accepted Paper Series
Rutgers, The State University of New Jersey - Rutgers Law School
Downloads 266
42.

Transgender Parenthood: Gender Does Not Make a Parent

C. Ball, THE RIGHT TO BE PARENTS: LGBT FAMILIES AND THE TRANSFORMATION OF PARENTHOOD, NYU PRESS, May 2012, Rutgers School of Law-Newark Research Paper No. 117
Number of pages: 41 Posted: 04 Jun 2012 Last Revised: 29 Aug 2012
Accepted Paper Series
Rutgers, The State University of New Jersey - Rutgers Law School
Downloads 181
43.

Law and Morality at War

Criminal Law and Philosophy, Vol. 6, 2012, Rutgers School of Law-Newark Research Paper No. 115
Number of pages: 21 Posted: 17 May 2012 Last Revised: 13 Aug 2013
Accepted Paper Series
Rutgers Law School
Downloads 269
44.

Rendering Children Illegitimate in Former Partner Parenting Cases: Hiding Behind the Facade of Certainty

American University Journal of Gender, Social Policy & the Law, Vol. 20, No. 3, p. 623, 2012, Rutgers School of Law-Newark Research Paper No. 119
Number of pages: 47 Posted: 10 Apr 2012 Last Revised: 08 Oct 2012
Accepted Paper Series
Rutgers, The State University of New Jersey - Rutgers Law School
Downloads 43
45.

Thirteen Ways to Steal a Bicycle: Theft Law in the Information Age (Introduction)

Stuart P. Green, THIRTEEN WAYS TO STEAL A BICYCLE: THEFT LAW IN THE INFORMATION AGE, Harvard University Press, 2012, Rutgers School of Law-Newark Research Paper No. 116
Number of pages: 8 Posted: 23 Mar 2012 Last Revised: 21 May 2014
Accepted Paper Series
Rutgers, The State University of New Jersey - Rutgers Law School
Downloads 359
46.

Turning Unambiguous Statutory Materials into Ambiguous Statutes: Ordering Principles, Avoidance, and Transparent Justification in Cases of Interpretive Choice

Duke Law Journal, Vol. 61, p. 583, 2011, Rutgers School of Law-Newark Research Paper No. 111
Number of pages: 68 Posted: 09 Mar 2012
Accepted Paper Series
Rutgers, The State University of New Jersey - Rutgers Law School
Downloads 59
47.

Proportionality (in War)

INTERNATIONAL ENCYCLOPEDIA OF ETHICS, Wiley & Sons, 2012, Rutgers School of Law-Newark Research Paper No. 112
Number of pages: 8 Posted: 24 Feb 2012 Last Revised: 13 Aug 2013
Working Paper Series
Rutgers Law School
Downloads 276
48.

Killing in the Fog of War

Southern California Law Review, Vol. 86, No. 1, 2012, Rutgers School of Law-Newark Research Paper No. 109
Number of pages: 54 Posted: 06 Feb 2012 Last Revised: 13 Aug 2013
Accepted Paper Series
Rutgers Law School
Downloads 300
49.

The Revolution and the Criminal Law

Criminal Law and Philosophy, Vol. 6, 2012, Rutgers School of Law-Newark Research Paper No. 110
Number of pages: 23 Posted: 06 Feb 2012 Last Revised: 13 Aug 2013
Accepted Paper Series
Rutgers Law School
Downloads 138
50.

Detrimental Reliance on Detrimental Reliance: The Courts’ Conflicting Standards for the Retroactive Application of New Immigration Laws to Past Acts

Rutgers Law Review, Forthcoming, Rutgers School of Law-Newark Research Paper No. 113
Number of pages: 16 Posted: 14 Jan 2012 Last Revised: 29 Mar 2012
Working Paper Series
Rutgers, The State University of New Jersey - Rutgers Law School
Downloads 56