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William & Mary Law School Legal Studies Research Paper Series

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1.

Legal Realism as Theory of Law

William & Mary Law Review, Vol. 46, pp. 1915-2000, 2005
Number of pages: 86 Posted: 20 Jul 2005
Accepted Paper Series
William & Mary Law School
Downloads 3,362
2.

The Trouble with Amicus Facts

Virginia Law Review, Vol. 100 (2014), William & Mary Law School Research Paper No. 09-273
Number of pages: 63 Posted: 15 Mar 2014 Last Revised: 09 Dec 2014
Accepted Paper Series
William & Mary Law School
Downloads 1,892
3.

Hans Kelsen and the Logic of Legal Systems

George Mason Law & Economics Research Paper No. 03-50, 53 Alabama Law Review 365-413 (2003)
Number of pages: 51 Posted: 23 Oct 2003 Last Revised: 27 Jan 2009
Accepted Paper Series
William & Mary Law School
Downloads 1,492
4.

Equity Crowdfunding: A Market for Lemons?

Minnesota Law Review, Vol. 100 (2015), William & Mary Law School Research Paper No. 09-292
Number of pages: 48 Posted: 19 Dec 2014 Last Revised: 12 Jan 2016
Accepted Paper Series
William & Mary Law School
Downloads 1,133
5.

Confronting Supreme Court Fact Finding

Virginia Law Review (Vol. 98, pp. 1255, 2012), William & Mary Law School Research Paper No. 09-206
Number of pages: 59 Posted: 24 Feb 2012 Last Revised: 27 Oct 2012
Accepted Paper Series
William & Mary Law School
Downloads 1,120
6.

The Team Production Theory of Corporate Law: A Critical Assessment

William and Mary Law Review, Vol. 43, p. 1629, 2002
Number of pages: 87 Posted: 17 Feb 2003
Accepted Paper Series
William & Mary Law School
Downloads 1,105
7.

Narcissism, Over-Optimism, Fear, Anger, and Depression: The Interior Lives of Corporate Leaders

University of Cincinnati Law Review, 2008, William & Mary Law School Research Paper No. 08-10
Number of pages: 26 Posted: 26 May 2008 Last Revised: 30 Jun 2010
Accepted Paper Series
William & Mary Law School
Downloads 857
8.

Dworkin's Fallacy, Or What the Philosophy of Language Can't Teach Us About the Law

George Mason Law & Economics Research Paper No. 04-04
Number of pages: 57 Posted: 06 Oct 2004
Accepted Paper Series
William & Mary Law School

Multiple version iconThere are 2 versions of this paper

Downloads 813
9.

Confucian Constitutionalism: Globalization and Judicial Review in Korea and Taiwan

Illinois Public Law Research Paper No. 00-03
Number of pages: 50 Posted: 20 Nov 2001
Working Paper Series
University of Chicago Law School
Downloads 729
10.

International Substitutes for Domestic Institutions: Bilateral Investment Treaties and Governance

International Review of Law and Economics, Vol. 25, 2005, U Illinois Law & Economics Research Paper No. LE06-027
Number of pages: 30 Posted: 10 Jul 2006
Accepted Paper Series
University of Chicago Law School
Downloads 714
11.

The Advantages of the Civil Law Judicial Design as the Model for Emerging Legal Systems

Indiana Journal of Global Legal Studies, Vol. 11
Number of pages: 21 Posted: 30 Jul 2003
Accepted Paper Series
College of William and Mary School of Law
Downloads 705
12.

ADR, The Judiciary, and Justice: Coming to Terms with the Alternatives

Harvard Law Review, Vol. 113, No. 7, p. 1851, 2000
Number of pages: 25 Posted: 15 Dec 2006
Accepted Paper Series
Florida State University, College of Law
Downloads 673
13.

Unity and Pluralism in Contract Law

Michigan Law Review, Forthcoming
Number of pages: 33 Posted: 29 Dec 2004
Accepted Paper Series
William & Mary Law School
Downloads 660
14.

A Tale of Two (and Possibly Three) Atkins: Intellectual Disability and Capital Punishment Twelve Years after The Supreme Court's Creation of a Categorical Bar

William & Mary Bill of Rights, Vol. 23, 2014, William & Mary Law School Research Paper No. 9-294
Number of pages: 23 Posted: 16 Jan 2015 Last Revised: 21 Jan 2015
Accepted Paper Series
Cornell Law School, Cornell Law School, William & Mary Law School and Cornell Law School
Downloads 624
15.

Envisioning A Global Legal Culture

Number of pages: 89 Posted: 26 Feb 2003
Working Paper Series
College of William and Mary School of Law
Downloads 619
16.

The Failure of Economic Interpretations of the Law of Contract Damages

Washington and Lee Law Review, Vol. 64, No. 3, 2007
Number of pages: 47 Posted: 15 Apr 2007 Last Revised: 16 Sep 2008
Accepted Paper Series
William & Mary Law School
Downloads 597
17.

A Careful Examination of the Live Nation-Ticketmaster Merger

William & Mary Law School Research Paper No. 09-41
Number of pages: 130 Posted: 27 Jan 2010 Last Revised: 28 Dec 2014
Working Paper Series
William & Mary Law School and Duke University - School of Law
Downloads 593
18.

The Unreluctant Litigant? An Empirical Analysis of Japan's Turn to Litigation

U Illinois Law & Economics Research Paper No. LE04-009
Number of pages: 38 Posted: 16 Nov 2004
Working Paper Series
University of Illinois at Urbana-Champaign - Department of Business Administration and University of Chicago Law School
Downloads 592
19.

Does Dworkin Commit Dworkin's Fallacy? A Reply to Justice in Robes

Number of pages: 24 Posted: 31 Jul 2006 Last Revised: 05 Feb 2015
Working Paper Series
William & Mary Law School
Downloads 574
20.

Leximetrics: Why the Same Laws are Longer in Some Countries than Others

U Illinois Law & Economics Research Paper No. LE03-012
Number of pages: 26 Posted: 20 Oct 2003
Working Paper Series
University of California, Berkeley - School of Law and University of Chicago Law School
Downloads 560
21.

Economic Analysis and the Design of Constitutional Courts

U Illinois Law and Economics Working Paper No. 00-25
Number of pages: 41 Posted: 29 May 2001
Accepted Paper Series
University of Chicago Law School
Downloads 546
22.

Seizing a Cell Phone Incident to Arrest: Data Extraction Devices, Faraday Bags, or Aluminum Foil as a Solution to the Warrantless Cell Phone Search Problem

William & Mary Bill of Rights, Vol. 22, 2014, Forthcoming, William & Mary Law School Research Paper No. 09-252
Number of pages: 12 Posted: 22 Aug 2013
Accepted Paper Series
William & Mary Law School
Downloads 524
23.

The Inverse Relationship between the Constitutionality and Effectiveness of New York City 'Stop and Frisk'

Boston University Law Review, Vol. 94, p. 1495, 2014, William & Mary Law School Research Paper No. 09-274
Number of pages: 56 Posted: 25 Mar 2014 Last Revised: 08 Oct 2014
Accepted Paper Series
William & Mary Law School
Downloads 524
24.

Corporations and Autonomy Theories of Contract: A Critique of the New Lex Mercatoria

Number of pages: 55 Posted: 04 Apr 2005
Working Paper Series
William & Mary Law School
Downloads 523
25.

International Judicial Lawmaking

U Illinois Law & Economics Research Paper No. LE05-006
Number of pages: 56 Posted: 30 Mar 2005
Accepted Paper Series
University of Chicago Law School
Downloads 519
26.

Everything Is Transformative: Fair Use and Reader Response

Columbia Journal of Law & the Arts, Vol. 31, 2008, William & Mary Law School Working Paper No. 08-06
Number of pages: 23 Posted: 25 Jun 2008 Last Revised: 27 May 2012
Accepted Paper Series
College of William & Mary - Marshall-Wythe School of Law
Downloads 513
27.

Are the States Sovereign?

Washington University Law Review, Vol. 83, No. 1, 2005
Number of pages: 178 Posted: 20 Jan 2005 Last Revised: 18 Aug 2009
Accepted Paper Series
William & Mary Law School
Downloads 499
28.

Making Renewable Energy a Reality - Finding Ways to Site Wind Power Facilities

William & Mary Environmental Law and Policy Review, Vol. 32, p. 635, 2008, William & Mary Law School Research Paper No. 08-11
Number of pages: 51 Posted: 28 Jun 2008 Last Revised: 18 Dec 2008
Accepted Paper Series
William & Mary Law School
Downloads 452
29.

Australia and the United States: Two Common Criminal Justice Systems Uncommonly at Odds

Number of pages: 92 Posted: 17 Dec 2003
Working Paper Series
University of South Australia - School of Law and William & Mary Law School

Multiple version iconThere are 2 versions of this paper

Downloads 451
30.

Legal Revolutions: Six Mistakes about Discontinuity in the Legal Order

North Carolina Law Review, Vol. 83, pp. 331-409, 2005
Number of pages: 72 Posted: 02 Mar 2006
Accepted Paper Series
William & Mary Law School
Downloads 451
31.

Parents' Religion and Children's Welfare: Debunking the Doctrine of Parents' Rights

California Law Review, Vol. 82, No. 6, 1994, William & Mary Law School Research Paper No. 09-228
Number of pages: 78 Posted: 30 Oct 2012
Accepted Paper Series
William & Mary Law School
Downloads 431
32.

Dworkin v. The Philosophers: A Review Essay on Justice in Robes

University of Illinois Law Review, Vol. 5, 2007
Number of pages: 28 Posted: 14 Oct 2007
Accepted Paper Series
William & Mary Law School
Downloads 426
33.

A Pragmatic Defense of Contract Law

Georgetown Law Journal, Vol. 98, No. 1, 2009, William & Mary Law School Research Paper No. 09-07
Number of pages: 41 Posted: 23 Apr 2009 Last Revised: 23 Oct 2009
Accepted Paper Series
William & Mary Law School
Downloads 422
34.

Can We Make the Constitution More Democratic?

Drake Law Review, Vol. 55, No. 4, pp. 971-1000, Summer 2007, George Mason Law & Economics Research Paper No. 07-28, Symposium on 'Our Undemocratic Constitution'
Number of pages: 31 Posted: 25 Aug 2007 Last Revised: 16 Sep 2008
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty and William & Mary Law School
Downloads 421
35.

A Critical Guide to Marbury v. Madison

Duke Law Journal, Vol. 1969, p. 1, 1969, William & Mary Law School Research Paper No. 09-101
Number of pages: 48 Posted: 25 Jul 2011
Accepted Paper Series
Duke University School of Law
Downloads 419
36.

Jurisprudence and the Problem of Church Doctrine

Element: Journal of the Society for Mormon Philosophy and Theology, Vol. 2, No. 2, Fall 2006
Number of pages: 20 Posted: 20 Nov 2007 Last Revised: 16 Sep 2008
Accepted Paper Series
William & Mary Law School
Downloads 414
37.

Natural Law and the Rhetoric of Empire: Reynolds v. United States, Polygamy, and Imperialism

William & Mary Law School Research Paper No. 09-43
Number of pages: 44 Posted: 28 Feb 2010
Accepted Paper Series
William & Mary Law School
Downloads 405
38.

Contract Law and Morality

William & Mary Law Review, Vol. 48, 2007
Number of pages: 4 Posted: 22 Feb 2007
Accepted Paper Series
William & Mary Law School
Downloads 404
39.

Hobby Lobby, Corporate Law, and the Theory of the Firm: Why For-Profit Corporations are RFRA Persons

Harvard Law Review Forum, Vol. 127, p. 273, 2014, William & Mary Law School Research Paper No. 09-279
Number of pages: 30 Posted: 24 May 2014 Last Revised: 09 Oct 2014
Accepted Paper Series
William & Mary Law School and William & Mary Law School
Downloads 402
40.

How to Judge Shari'a Contracts: A Guide to Islamic Marriage Agreements in American Courts

Utah Law Review, Vol. 2011, No. 1, p. 287, 2011, William & Mary Law School Research Paper No. 09-179
Number of pages: 49 Posted: 07 Dec 2011
Accepted Paper Series
William & Mary Law School
Downloads 394
41.

New Pleading, New Discovery

Michigan Law Review, Vol. 109, p. 53, 2010, William & Mary Law School Research Paper No. 09-20
Number of pages: 38 Posted: 21 Dec 2009 Last Revised: 12 Nov 2012
Accepted Paper Series
University of California Hastings College of the Law
Downloads 394
42.

The Birth of the Authornym: Authorship, Pseudonymity, and Trademark Law

GWU Law School Public Law Research Paper No. 101
Number of pages: 74 Posted: 25 Aug 2004
Accepted Paper Series
College of William & Mary - Marshall-Wythe School of Law
Downloads 390
43.

Kelsen, Quietism, and the Rule of Recognition

THE RULE OF RECOGNITION AND THE UNITED STATES CONSTITUTION, Matthew D. Adler, Kenneth E. Himma eds., Oxford University Press, Forthcoming, William & Mary Law School Research Paper No. 08-01
Number of pages: 37 Posted: 07 Oct 2008 Last Revised: 24 May 2011
Accepted Paper Series
William & Mary Law School
Downloads 384
44.

God and the Executioner: The Influence of Western Religion on the Use of the Death Penalty

William & Mary Bill of Rights, Vol. 9, No. 1, 2000, William & Mary Law School Research Paper No. 09-73
Number of pages: 35 Posted: 15 Feb 2011
Accepted Paper Series
William & Mary Law School
Downloads 374
45.

Locking in Democracy: Constitutions, Commitment, and International Law

U Illinois Law & Economics Research Paper No. LE06-14, New York University Journal of International Law and Politics, Vol. 38, No. 4, 2006
Number of pages: 50 Posted: 07 Jun 2006
Accepted Paper Series
University of Chicago Law School
Downloads 372
46.

A Positive Theory of Eminent Domain

3rd Annual Conference on Empirical Legal Studies Papers, William & Mary Law School Research Paper No. 08-08
Number of pages: 36 Posted: 16 Apr 2008 Last Revised: 18 Dec 2008
Working Paper Series
William & Mary Law School
Downloads 357
47.

A Constitutional Conundrum of Second Amendment Commas

Green Bag 2d, Vol. 10, p. 469, 2007, William & Mary Law School Research Paper No. 09-103
Number of pages: 14 Posted: 26 Jul 2011
Accepted Paper Series
Duke University School of Law
Downloads 352
48.

Preaching to the Court House and Judging in the Temple

Brigham Young University Law Review, Forthcoming, William & Mary Law School Research Paper No. 08-09
Number of pages: 64 Posted: 15 Feb 2008 Last Revised: 26 Feb 2009
Accepted Paper Series
William & Mary Law School
Downloads 351
49.

Exclusive Dealing, the Theory of the Firm, and Raising Rivals' Costs: Toward a New Synthesis

Antitrust Bulletin, Vol. 50, p. 371, 2005
Number of pages: 70 Posted: 09 Aug 2006
Accepted Paper Series
William & Mary Law School
Downloads 346
50.

Commitment and Diffusion: How and Why National Constitutions Incorporate International Law

University of Illinois Law Review, No. 1, 2008, U. of St. Gallen Law & Economics Working Paper No. 2007-07
Number of pages: 43 Posted: 10 Jul 2007
Accepted Paper Series
University of Illinois at Urbana-Champaign - Department of Political Science, University of Chicago Law School and University of Texas, Austin
Downloads 345