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University of California, Berkeley School of Law, Public Law & Legal Theory Research Paper Series

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Viewing: 1 - 50 of 884 papers

1.

Structural Biases in Structural Constitutional Law

New York University Law Review, Forthcoming
Number of pages: 58 Posted: 04 Mar 2021
Accepted Paper Series
University of California, Berkeley - School of Law and Columbia University - Law School
Downloads 138
2.

COVID-19 and Preventing Harm to Vulnerable Children

San Diego Law Review, Vol. 57, 2020, San Diego Legal Studies Paper Forthcoming
Number of pages: 54 Posted: 02 Mar 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 4
3.

American Axle v. Neapco Holdings: Brief of Professors Jeffrey A. Lefstin And Peter S. Menell As Amici Curiae in Support of Petition for a Writ of Certiorari

Number of pages: 25 Posted: 02 Mar 2021
Working Paper Series
University of California, Berkeley - School of Law and UC Hastings Law
Downloads 4
4.

The Concept of Handoff as a Model for Ethical Analysis and Design

The Oxford Handbook of Ethics of AI Edited by Markus D. Dubber, Frank Pasquale, and Sunit Das
Number of pages: 20 Posted: 18 Feb 2021
Accepted Paper Series
University of California, Berkeley - School of Information and Cornell Tech
Downloads 4
5.

Rethinking Swing Voters

Vanderbilt Law Review, Vol. 74, No. 1, 85, 2021
Number of pages: 58 Posted: 18 Feb 2021
Accepted Paper Series
University of California, Berkeley - School of Law
Downloads 15
6.

Verification Dilemmas, Law, and the Promise of Zero-Knowledge Proofs

Number of pages: 55 Posted: 18 Feb 2021
Working Paper Series
University of California, Berkeley - School of Law, Boston University, University of California, Berkeley - Simons Institute for the Theory of Computing, University of California, Berkeley, School of Law and University of California, Berkeley - School of Law
Downloads 181
7.

Restatements of Statutory Law: The Curious Case of the Restatement of Copyright

Columbia Journal of Law & the Arts, Vol. 45, Forthcoming 2021, Columbia Public Law Research Paper No. 14-687
Number of pages: 77 Posted: 10 Feb 2021 Last Revised: 17 Feb 2021
Accepted Paper Series
Columbia University - Law School and University of California, Berkeley - School of Law
Downloads 67
8.

Dispute Resolution in the People’s Republic of China: The Evolving Institutions and Mechanisms

Dispute Resolution in the People’s Republic of China: The Evolving Institutions and Mechanisms, 2019, Brill | Nijho f (E-Book ISBN: 978-90-04-33128-0; Hardback ISBN: 978-90-04-33127-3)
Posted: 07 Feb 2021
Working Paper Series
School of Law, Western Sydney University and La Trobe Law School
9.

From Trade Secrecy to Seclusion

Georgetown Law Journal, Forthcoming
Posted: 06 Feb 2021
Working Paper Series
University of California, Berkeley - School of Law and UC Hastings Law
10.

Trademark Search, Artificial Intelligence and the Role of the Private Sector

Berkeley Technology Law Journal, Forthcoming
Number of pages: 88 Posted: 06 Feb 2021 Last Revised: 17 Feb 2021
Accepted Paper Series
University of California, Berkeley - School of Law and University of California, Berkeley - D-Lab (Data-Intensive Social Science Lab)
Downloads 36
11.

The Gender Panopticon: Artificial Intelligence, Gender, and Design Justice

UCLA Law Review, Forthcoming
Posted: 06 Feb 2021
Working Paper Series
University of California, Berkeley - School of Law and affiliation not provided to SSRN
12.

Financial Inclusion in Politics

USC CLASS Research Paper Series No. CLASS21-3, USC Legal Studies Research Paper Series No. 21-3
Number of pages: 59 Posted: 06 Feb 2021 Last Revised: 07 Feb 2021
Accepted Paper Series
Stanford University, University of Washington and University of Southern California Gould School of Law
Downloads 131
13.

Line-drawing and Legal Education

Number of pages: 11 Posted: 27 Jan 2021
Working Paper Series
University of California, Berkeley School of Law
Downloads 974
14.

Codifying Constitutional Norms

Georgetown Law Journal, Forthcoming
Number of pages: 59 Posted: 22 Jan 2021
Working Paper Series
University of California, Berkeley - School of Law
Downloads 101
15.

A Tale of Two Crises: COVID-19, Climate Change, and Crisis Response

Number of pages: 10 Posted: 18 Jan 2021
Working Paper Series
University of California, Berkeley - School of Law
Downloads 96
16.

The Fourth Amendment Limits of Internet Content Preservation

St. Louis University Law Journal, Forthcoming
Number of pages: 61 Posted: 18 Dec 2020
Accepted Paper Series
University of California, Berkeley School of Law
Downloads 844
17.

Pre-Modern Insights for Post-Modern Privacy: Jewish Law Lessons for the Big Data Age

Number of pages: 64 Posted: 05 Dec 2020 Last Revised: 25 Jan 2021
Working Paper Series
University of California, Berkeley - School of Law and Stanford University - School of Humanities & Sciences
Downloads 209
18.

Property's Building Blocks

Henry Smith et. al, eds, The Legacy of Wesley Hohfeld (Cambridge 2020)
Number of pages: 30 Posted: 05 Dec 2020 Last Revised: 11 Dec 2020
Working Paper Series
Boston University - School of Law and University of California, Berkeley
Downloads 128
19.

You're Fired: The Original Meaning of Presidential Impeachment

Southern California Law Review, Vol. 94, No. 4, 2021
Number of pages: 73 Posted: 20 Oct 2020 Last Revised: 03 Dec 2020
Accepted Paper Series
Chapman University, The Dale E. Fowler School of Law and University of California at Berkeley School of Law
Downloads 224
21.

Mapping the Intellectual Property/Social Justice Frontier

Steven D. Jamar and Lateef Mtima (eds.), Handbook of Intellectual Property and Social Justice: Access, Inclusion, Empowerment, Cambridge Univ. Press, Forthcoming
Number of pages: 59 Posted: 30 Sep 2020
Working Paper Series
University of California, Berkeley - School of Law
Downloads 133
22.

The Constitution and the Children

Mahila Vidhi Bharati, Research (Hindi-English) Quarterly Law Journal, New Delhi (India) ISSN: 0976-0024 (April-June, 2018)
Posted: 14 Sep 2020
Accepted Paper Series
Department of Law
23.

The Intersection of IDL and Climate Change Law

Number of pages: 23 Posted: 20 Aug 2020 Last Revised: 22 Aug 2020
Working Paper Series
University of California, Berkeley - School of Law
Downloads 63
24.

A Remix Compulsory Licensing Regime for Music Mashups

THE ROUTLEDGE COMPANION TO COPYRIGHT AND CREATIVITY IN THE 21ST CENTURY (Michelle Bogre & Nancy Wolff, eds.) (2020)
Number of pages: 31 Posted: 18 Aug 2020
Working Paper Series
University of California, Berkeley - School of Law
Downloads 51
25.

The Questionable Objectivity of Fourth Amendment Law

99 Texas Law Review 447 (2021)
Number of pages: 43 Posted: 12 Aug 2020 Last Revised: 01 Mar 2021
Accepted Paper Series
University of California, Berkeley School of Law
Downloads 413
26.

Design Patent Law’s Identity Crisis

Berkeley Technology Law Journal, 2021
Number of pages: 147 Posted: 06 Aug 2020 Last Revised: 03 Feb 2021
Accepted Paper Series
University of California, Berkeley - School of Law and University of California, Berkeley - School of Law
Downloads 173
27.

The Use of Technical Experts in Software Copyright Cases: Rectifying the Ninth Circuit’s 'Nutty' Rule

Berkeley Technology Law Journal, Vol. 35, 2021, U of Penn Law School, Public Law Research Paper No. 20-39
Number of pages: 45 Posted: 15 Jul 2020 Last Revised: 06 Oct 2020
Accepted Paper Series
Columbia University - Law School and University of California, Berkeley - School of Law
Downloads 39
28.

The Possibility for Stateless Dynastic Wealth and the Case of China

Number of pages: 26 Posted: 11 Jul 2020
Working Paper Series
University of California, Berkeley - School of Law
Downloads 67
29.

A Securities Tax and the Problems of Taxing Global Capital

Number of pages: 46 Posted: 11 Jul 2020
Working Paper Series
University of California, Berkeley - School of Law
Downloads 50
30.

Emergencies End Eventually: How to Better Analyze Human Rights Restrictions Sparked by the COVID-19 Pandemic Under the International Covenant on Civil and Political Rights

Eric Richardson & Colleen Devine, Emergencies End Eventually: How to Better Analyze Human Rights Restrictions Sparked by the COVID-19 Pandemic Under the International Covenant on Civil and Political Rights, 42 MICH. J. INT’L L. (Forthcoming).
Number of pages: 56 Posted: 05 Jul 2020 Last Revised: 07 Jul 2020
Accepted Paper Series
UC Berkeley Law School and affiliation not provided to SSRN
Downloads 266
31.

The Long Shadow of Jacobson v. Massachusetts: Epidemics, Fundamental Rights, and the Courts

San Diego Law Review, Vol. 57, No. 833, 2020
Number of pages: 32 Posted: 29 Jun 2020 Last Revised: 29 Jan 2021
Accepted Paper Series
University of California, Berkeley - School of Law
Downloads 231
32.

U.S. Supreme Court Amicus Brief of Civil Procedure Professors in Support of Respondents, Ford Motor Co. v. Montana Eighth Judicial District Court, Nos. 19-368 & 19-369

U of Houston Law Center No. 2020-A-11, Northwestern Public Law Research Paper No. 20-14, Fordham Law Legal Studies Research Paper No. 3570710
Number of pages: 37 Posted: 19 Jun 2020 Last Revised: 28 Jul 2020
Accepted Paper Series
University of California, Berkeley - School of Law, Northwestern University - Northwestern Pritzker School of Law, Cornell Law School, University of Houston Law Center and Fordham University School of Law
Downloads 69
33.

Mandatory Arbitration and the Public Administration - the Landscape of Peru

Number of pages: 20 Posted: 03 Jun 2020
Working Paper Series
SciencesPo (LLM in Transnational Arbitration & Dispute Settlement) Sciences Po Law School
Downloads 14
34.

Law Within Congress

Yale Law Journal, Vol. 129, No. 7, 1946, 2020
Number of pages: 83 Posted: 01 Jun 2020
Accepted Paper Series
University of California, Berkeley - School of Law
Downloads 116
35.

Exceptional Circumstances: Immigration, Imports and Climate Change as Emergencies

Number of pages: 34 Posted: 20 Apr 2020 Last Revised: 04 Aug 2020
Working Paper Series
University of California, Berkeley - School of Law
Downloads 54
36.

Theorizing Transnational Fiduciary Law

UCI Journal of International, Transnational & Comparative Law, Vol.5, No.1, 2020, UC Irvine School of Law Research Paper No. 2020-24
Number of pages: 14 Posted: 10 Apr 2020 Last Revised: 15 May 2020
Accepted Paper Series
University of California, Berkeley School of Law and University of California, Irvine School of Law
Downloads 46
37.

Legal Tech, Civil Procedure, and the Future of Adversarialism

University of Pennsylvania Law Review, Forthcoming
Number of pages: 72 Posted: 02 Apr 2020 Last Revised: 21 Oct 2020
Accepted Paper Series
Stanford Law School and University of California, Berkeley - School of Law
Downloads 454
38.

Protection by Law, Repression by Law: Bringing Labor Back Into Law and Social Movement Studies

70 Emory Law Journal 63 (2020)
Number of pages: 91 Posted: 24 Mar 2020 Last Revised: 15 Oct 2020
Accepted Paper Series
University of California, Berkeley - School of Law and University of California, Berkeley, Department of Jurisprudence & Social Policy
Downloads 95
39.

Criminal Justice as Regulation

Criminal Justice as Regulation, New Criminal Law Review, Vol. 23, Number 1, pp. 113-138, 2020
Number of pages: 26 Posted: 13 Mar 2020
Accepted Paper Series
University of California, Berkeley
Downloads 81
40.

Cyber Warfare and Organised Crime. A Regulatory Model and Meta-model for Open Source Intelligence (OSINT)

In M. Taddeo, L. Glorioso (eds.), Ethics and Policies for Cyber Operations. Philosophical Studies Series 124, DOI 10.1007/978-3-319-45300-2_9, Cham: Springer, 2017, pp. 139-167.
Number of pages: 40 Posted: 11 Mar 2020
Accepted Paper Series
La Trobe Law School
Downloads 48
41.

Sustainable Communities or the Next Urban Renewal?

47.4 Ecology Law Quarterly, Forthcoming
Number of pages: 56 Posted: 03 Mar 2020 Last Revised: 01 Feb 2021
Accepted Paper Series
Center for Law, Energy, and the Environment, Columbia University - Graduate School of Architecture, Planning and Preservation and University of California, Berkeley - School of Law
Downloads 84
42.

Cable Television and the Aereo Case – Then and Now

UC Berkeley Public Law Research Paper No. 2403019
Number of pages: 45 Posted: 25 Feb 2020
Working Paper Series
University of California, Berkeley - School of Law and Irell & Manella LLP
Downloads 276
43.

Plessy Preserved: Agencies and the Effective Constitution

129 Yale L.J. 924 (2020)
Number of pages: 95 Posted: 18 Feb 2020 Last Revised: 06 Apr 2020
Accepted Paper Series
University of California, Berkeley, School of Law
Downloads 152
44.

Google v. Oracle Amicus Merits Stage Brief: Vindicating IP’s Channeling Principle and Restoring Jurisdictional Balance to Software Copyright Protection

U of Penn Law School, Public Law Research Paper No. 20-07
Number of pages: 47 Posted: 04 Feb 2020 Last Revised: 15 Feb 2020
Accepted Paper Series
University of California, Berkeley - School of Law, Irell & Manella LLP and Columbia University - Law School
Downloads 113
45.

Confined, Crammed, and Inextricable: What The Wire Gets Right

Ohio State Journal of Criminal Law, Vol. 8, No. 2, p. 473, 2011, UC Berkeley Public Law Research Paper No. 1856574
Number of pages: 7 Posted: 22 Jan 2020
Accepted Paper Series
Stanford University
Downloads 395
46.

Rules for the Heavens: The Coming Revolution in Space and the Laws of War

University of Illinois Law Review, Vol. 2020, No. 1, 2020
Number of pages: 72 Posted: 16 Jan 2020
Accepted Paper Series
University of California at Berkeley School of Law
Downloads 134
47.

Wrongs: An Interview with Filmmaker Joshua Oppenheimer

A Cultural History of Law in the Modern Age, 2016
Number of pages: 22 Posted: 20 Dec 2019
Working Paper Series
New York Law School and The University of Sydney
Downloads 22
48.

The Failed Quest for Equal Educational Opportunity: Regulating Education the Way We Regulate Business

Number of pages: 45 Posted: 18 Dec 2019
Working Paper Series
University of California, Berkeley - School of Law
Downloads 43
49.

Justice Roger J. Traynor, Pragmatism, and the Current California Supreme Court

Hastings Law Journal, Forthcoming
Number of pages: 48 Posted: 18 Dec 2019
Accepted Paper Series
University of California, Berkeley - School of Law
Downloads 70
50.

Athena Rising? Brief of Professors Jeffrey A. Lefstin and Peter S. Menell as Amici Curiae in Support of Petition for a Writ of Certiorari in Athena Diagnostics v. Mayo Collaborative Services

UC Hastings Research Paper No. 392
Number of pages: 38 Posted: 09 Nov 2019 Last Revised: 16 Jun 2020
Accepted Paper Series
UC Hastings Law and University of California, Berkeley - School of Law
Downloads 47