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Harvard Law School, Public Law & Legal Theory Research Paper Series
322,447 Total downloads | Link to this page | Subscribe to this eJournal (requires login)

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Incl. Electronic Paper Land Rights at the Time of Global Production: Multi-Spatiality and ‘Legal Chokeholds’
Tomaso Ferrando
Warwick University School of Law
Date Posted: February 27, 2017
Working Paper Series
1 downloads

Incl. Electronic Paper The Autonomy Defense of Private Discrimination
Heather M. Whitney
Harvard Law School
Date Posted: February 24, 2017
Working Paper Series
70 downloads

Incl. Electronic Paper Sperm Donor Anonymity and Compensation: An Experiment with American Sperm Donors
Journal of Law and the Biosciences, P. 1–21, doi:10.1093/jlb/lsw052, 2016,
I. Glenn Cohen, Travis G. Coan, Michelle Ottey and Christina Boyd
Harvard Law School, Harvard Law School, Fairfax Cryobank Inc and Fertility Center of San Antonio
Date Posted: November 30, 2016
Accepted Paper Series
43 downloads

Incl. Electronic Paper Bureaucracy and Distrust: Landis, Jaffe and Kagan on the Administrative State
Forthcoming Harvard Law Review (2017)
Adrian Vermeule
Harvard Law School
Date Posted: November 02, 2016
Working Paper Series
352 downloads

Incl. Electronic Paper Jan Deutsch: An Appreciation
Harvard Public Law Working Paper No. 16-42
Mark Tushnet
Harvard Law School
Date Posted: August 26, 2016
Last Revised: December 14, 2016
Working Paper Series
90 downloads

Incl. Electronic Paper Medical Assistance in Dying and 'Suicide Tourism' to Canada: Bill C-14 from a Comparative Perspective
Journal of Ethics in Mental Health, 2016, Harvard Public Law Working Paper No. 16-44
Konstanin Tretyakov and I. Glenn Cohen
Harvard University, Law School, Students and Harvard Law School
Date Posted: August 23, 2016
Last Revised: December 13, 2016
Accepted Paper Series
148 downloads

Incl. Electronic Paper Financial Advisers Can't Overlook the Prudent Investor Rule
Journal of Financial Planning (August 2016), Northwestern Law & Econ Research Paper No. 16-14
Max M. Schanzenbach and Robert H. Sitkoff
Northwestern University - Pritzker School of Law and Harvard Law School
Date Posted: August 09, 2016
Last Revised: September 02, 2016
Accepted Paper Series
232 downloads

Incl. Electronic Paper Three Essays on Proportionality Doctrine
Harvard Public Law Working Paper No. 16-43
Mark Tushnet
Harvard Law School
Date Posted: August 06, 2016
Last Revised: December 14, 2016
Working Paper Series
210 downloads

Incl. Electronic Paper The Ghost of the Declaration Present: The Legal Force of the Declaration of Independence Regarding Acts of Congress
Southern California Law Review, Vol. 89, No. 3, 2016, Harvard Public Law Working Paper No. 16-45
Frank I. Michelman
Harvard Law School
Date Posted: July 15, 2016
Last Revised: December 13, 2016
Accepted Paper Series
37 downloads

Incl. Electronic Paper Notes on Some Aspects of the Taxonomy of 'Generations' of Rights
Harvard Public Law Working Paper No. 16-46
Mark Tushnet
Harvard Law School
Date Posted: July 11, 2016
Last Revised: December 13, 2016
Working Paper Series
167 downloads

Incl. Electronic Paper Religion and Reproductive Technology
Law, Religion, and Health in the United States (Holly Fernandez Lynch, I. Glenn Cohen, Elizabeth Sepper eds, 2017 Forthcoming), Harvard Public Law Working Paper No. 16-47
I. Glenn Cohen
Harvard Law School
Date Posted: June 26, 2016
Last Revised: December 13, 2016
Accepted Paper Series
120 downloads

Incl. Electronic Paper Fiduciary Financial Advice to Retirement Savers: Don't Overlook the Prudent Investor Rule
Harvard John M. Olin Center for Law, Economics, and Business, Discussion Paper No. 867, 2016, Northwestern Law & Econ Research Paper No. 16-11, Harvard Public Law Working Paper No. 16-48
Max M. Schanzenbach and Robert H. Sitkoff
Northwestern University - Pritzker School of Law and Harvard Law School
Date Posted: June 15, 2016
Last Revised: December 13, 2016
Working Paper Series
385 downloads

Incl. Electronic Paper Values and Assumptions in Criminal Adjudication
Harvard Law Review Forum (2016), Harvard Public Law Working Paper No. 16-41
Benjamin Levin
Harvard Law School
Date Posted: June 13, 2016
Last Revised: June 23, 2016
Accepted Paper Series
80 downloads

Incl. Electronic Paper Regaining Perspective: Constitutional Criminal Adjudication in the U.S. Supreme Court
100 Minn. L. Rev. 1985 (2016), Harvard Public Law Working Paper, No. 16-40
Andrew Manuel Crespo
Harvard Law School
Date Posted: June 12, 2016
Last Revised: June 24, 2016
Accepted Paper Series
429 downloads

Incl. Electronic Paper Systemic Facts: Toward Institutional Awareness in Criminal Courts
129 Harv. L. Rev. 2049, 2016, Harvard Public Law Working Paper No. 16-39
Andrew Manuel Crespo
Harvard Law School
Date Posted: June 12, 2016
Last Revised: June 23, 2016
Accepted Paper Series
93 downloads

Incl. Electronic Paper The Fourth Amendment as Administrative Governance
Stanford Law Review, Vol. 68, No. 5, 2016, Harvard Public Law Working Paper No. 16-38
Daphna Renan
Harvard Law School
Date Posted: June 09, 2016
Last Revised: June 24, 2016
Accepted Paper Series
122 downloads

Incl. Electronic Paper The Unbearable Lightness of Tea Leaves: Constitutional Political Economy in Court
Texas Law Review, vol. 94, no. 7 (2016) , Harvard Public Law Working Paper No. 16-30
Frank I. Michelman
Harvard Law School
Date Posted: May 31, 2016
Last Revised: June 07, 2016
Accepted Paper Series
95 downloads

Incl. Electronic Paper The FISC's Stealth Administrative Law
in Global Intelligence Oversight: Governing Security in the Twenty-First Century (Oxford University Press, 2016) , Harvard Public Law Working Paper No. 16-37
Daphna Renan
Harvard Law School
Date Posted: May 31, 2016
Last Revised: June 23, 2016
Accepted Paper Series
46 downloads

Incl. Electronic Paper Pooling Powers
Columbia Law Review, Vol. 115, No. 2, 2015, Harvard Public Law Working Paper No. 16-22
Daphna Renan
Harvard Law School
Date Posted: May 31, 2016
Last Revised: June 07, 2016
Accepted Paper Series
64 downloads

Incl. Electronic Paper Proportionality Outside the Courts (With Special Reference to Popular and Political Constitutionalism)
Vicki Jackson & Mark Tushnet, eds., Proportionality: New Frontiers, New Challenges (Cambridge University Press, Forthcoming), Harvard Public Law Working Paper No. 16-29
Frank I. Michelman
Harvard Law School
Date Posted: May 26, 2016
Last Revised: June 09, 2016
Accepted Paper Series
78 downloads

Incl. Electronic Paper Legitimacy, the Social Turn, and Constitutional Review: What Political Liberalism Suggests
Critical Quarterly for Legislation and Law, No. 3, 2015, Harvard Public Law Working Paper No. 16-28
Frank I. Michelman
Harvard Law School
Date Posted: May 25, 2016
Last Revised: June 07, 2016
Accepted Paper Series
153 downloads

Incl. Electronic Paper Fusing the Equitable Function in Private Law
Forthcoming, Private Law in the 21st Century, Kit Barker, Karen Fairweather, and Ross Grantham eds., Oxford: Hart, Harvard Public Law Working Paper No. 16-27
Henry E. Smith
Harvard Law School
Date Posted: May 25, 2016
Last Revised: June 07, 2016
Accepted Paper Series
197 downloads

Incl. Electronic Paper Integration of Corporate and Shareholder Taxes
National Tax Journal, Forthcoming, Yale Law & Economics Research Paper No. 540, Columbia Law and Economics Working Paper No. 541, Harvard Public Law Working Paper No. 16-36
Michael J. Graetz and Alvin C. Warren Jr.
Columbia Law School and Harvard Law School
Date Posted: May 16, 2016
Last Revised: June 24, 2016
Accepted Paper Series
376 downloads

Incl. Electronic Paper The 'China, Inc.' Challenge to Global Trade Governance
Harvard International Law Journal, Vol. 57, 1001-1063 (2016), Harvard Public Law Working Paper No. 16-35
Mark Wu
Harvard Law School
Date Posted: May 15, 2016
Last Revised: October 22, 2016
Accepted Paper Series
437 downloads

Incl. Electronic Paper Financial Regulation: Law and Policy, Chapter 1.1 - Finance Today
Financial Regulation: Law and Policy, Foundation Press, May 2016, U of Michigan Law & Econ Research Paper No. 16-014, U of Michigan Public Law Research Paper No. 507, Harvard Public Law Working Paper No. 16-34
Michael S. Barr, Howell E. Jackson and Margaret E. Tahyar
University of Michigan Law School, Harvard Law School and Davis Polk & Wardwell LLP
Date Posted: May 15, 2016
Last Revised: June 23, 2016
Accepted Paper Series
280 downloads

Incl. Electronic Paper One Last Word on the Blackstone Principle
102 Virginia Law Review Online 34 (2016), Harvard Public Law Working Paper No. 16-33
Daniel Epps
Washington University in Saint Louis - School of Law
Date Posted: May 04, 2016
Last Revised: June 23, 2016
Accepted Paper Series
97 downloads

Incl. Electronic Paper The Myths of Macpherson
9 Journal of Tort Law (2016, Forthcoming), Fordham Law Legal Studies Research Paper No. 2770725, Harvard Public Law Working Paper No. 16-32
John C. P. Goldberg and Benjamin C. Zipursky
Harvard Law School and Fordham University School of Law
Date Posted: April 27, 2016
Last Revised: June 23, 2016
Working Paper Series
182 downloads

Incl. Electronic Paper Triangular Torts and Fiduciary Duties
in Andrew Gold & Paul B. Miller, Contract, Status and Fiduciary Law (2016, Forthcoming), Fordham Law Legal Studies Research Paper No. 2770722, Harvard Public Law Working Paper No. 16-31
John C. P. Goldberg and Benjamin C. Zipursky
Harvard Law School and Fordham University School of Law
Date Posted: April 27, 2016
Last Revised: June 23, 2016
Working Paper Series
171 downloads

Incl. Electronic Paper The Coverage/Protection Distinction in the Law of Freedom of Speech – An Essay on Meta-Doctrine in Constitutional Law
Harvard Public Law Working Paper No. 16-26
Mark Tushnet
Harvard Law School
Date Posted: April 27, 2016
Last Revised: June 07, 2016
Working Paper Series
128 downloads

Incl. Electronic Paper Credit Scores, Lending, and Psychosocial Disability
Boston University Law Review, Vol. 95, p. 1807, 2015, Harvard Public Law Working Paper No. 16-16, Thomas Jefferson School of Law Research Paper No. 2765649
Christopher P. Guzelian, Michael Ashley Stein and H. S. Akiskal
Thomas Jefferson School of Law, Visiting Professor, Harvard Law School and University of California, San Diego (UCSD) - Department of Psychology
Date Posted: April 18, 2016
Last Revised: May 16, 2016
Accepted Paper Series
129 downloads

Incl. Electronic Paper Antonin Scalia, Living Constitutionalist
Harvard Law Review, Forthcoming, Harvard Public Law Working Paper No. 16-15
Cass R. Sunstein
Harvard Law School
Date Posted: April 11, 2016
Last Revised: April 22, 2016
Accepted Paper Series
744 downloads

Incl. Electronic Paper Lobbying and the Petition Clause
68 Stan. L. Rev. 1131 (2016)., Harvard Public Law Working Paper No. 16-21
Maggie McKinley
Harvard Law School
Date Posted: April 11, 2016
Last Revised: June 09, 2016
Accepted Paper Series
381 downloads

Incl. Electronic Paper The Sex Bureaucracy
104 California Law Review 881 (2016), Harvard Public Law Working Paper No. 16-13
Jacob E. Gersen and Jeannie Suk Gersen
Harvard University and Harvard Law School
Date Posted: March 24, 2016
Last Revised: September 17, 2016
Accepted Paper Series
2545 downloads

Incl. Electronic Paper Cost-Benefit Analysis and Arbitrariness Review
Harvard Public Law Working Paper No. 16-12
Cass R. Sunstein
Harvard Law School
Date Posted: March 20, 2016
Last Revised: April 22, 2016
Working Paper Series
764 downloads

Incl. Electronic Paper Why Ted Cruz Is Not a Natural Born Citizen Eligible to Be President and Why the Issue Is Not a Political Question
Harvard Public Law Working Paper No. 16-11
Einer Elhauge
Harvard Law School
Date Posted: March 18, 2016
Last Revised: May 04, 2016
Working Paper Series
1389 downloads

Incl. Electronic Paper Making Peace with Your Enemy: Nelson Mandela and His Contributions to Conflict Resolution
Harvard PON Working Paper Forthcoming, Nevada Law Journal, Vol. 16, 2015, UC Irvine School of Law Research Paper No. 2016-11, Harvard Public Law Working Paper No. 16-10, UNLV William S. Boyd School of Law Legal Studies Research Paper
Jean R. Sternlight, Andrea Kupfer Schneider, Penelope Andrews, Richard J. Goldstone, Carrie Menkel-Meadow and Robert H. Mnookin
University of Nevada, Las Vegas, William S. Boyd School of Law, Marquette University - Law School, University of Cape Town (UCT) - Faculty of Law, Independent, University of California Irvine, School of Law and Harvard Law School
Date Posted: March 17, 2016
Last Revised: January 24, 2017
Accepted Paper Series
153 downloads

Incl. Electronic Paper The Exceptional Role of Courts in the Constitutional Order
Harvard Public Law Working Paper No. 16-25
Nicholas W. Barber and Adrian Vermeule
University of Oxford - Faculty of Law and Harvard Law School
Date Posted: February 20, 2016
Last Revised: June 07, 2016
Working Paper Series
327 downloads

Incl. Electronic Paper Revocable Trusts and Incapacity Planning: More than Just a Will Substitute
24 Elder Law Journal 1 (2016), Harvard Public Law Working Paper No. 16-24
David Joseph Feder and Robert H. Sitkoff
Munger, Tolles & Olson, LLP and Harvard Law School
Date Posted: February 11, 2016
Last Revised: July 02, 2016
Accepted Paper Series
327 downloads

Public and Private in Classical Athenian Law Enforcement
Ando & Rupke, eds., Public and Private in Ancient Mediterranean Law and Religion (deGruyter 2015), Harvard Public Law Working Paper No. 16-09
Adriaan Lanni
Harvard Law School
Date Posted: February 07, 2016
Last Revised: March 16, 2016
Accepted Paper Series

Disqualified Olympians: The Skeptical Greek View of Divine Judges
Mermerlstein & Holtz, eds., The Divine Courtroom in Comparative Perspective (Brill 2014), Harvard Public Law Working Paper No. 16-08
Adriaan Lanni and Victor Bers
Harvard Law School and Yale University
Date Posted: February 07, 2016
Last Revised: March 16, 2016
Accepted Paper Series

Collective Sanctions in Classical Athens
Kehoe & McGinn, Ancient Law, Ancient Society (Forthcoming), Harvard Public Law Working Paper No. 16-07
Adriaan Lanni
Harvard Law School
Date Posted: February 05, 2016
Last Revised: March 16, 2016
Accepted Paper Series

Incl. Electronic Paper Randomized Control Trials in the United States Legal Profession
Harvard Public Law Working Paper No. 16-06
D. James Greiner and Andrea Matthews
Harvard University - Center on the Legal Profession and Harvard Law School
Date Posted: February 03, 2016
Last Revised: March 16, 2016
Working Paper Series
266 downloads

Incl. Electronic Paper The Constitutional Approach to Money: Monetary Design and the Production of the Modern World
Nina Bandelj, Frederick F. Wherry, and Viviana Zelizer, eds., Money Talks, Forthcoming, Harvard Public Law Working Paper No. 16-05
Christine A. Desan
Harvard Law School
Date Posted: January 30, 2016
Last Revised: March 16, 2016
Accepted Paper Series
161 downloads

Incl. Electronic Paper The Votes of Other Judges
Harvard Public Law Working Paper No. 16-04
Eric A. Posner and Adrian Vermeule
University of Chicago - Law School and Harvard Law School
Date Posted: January 29, 2016
Last Revised: March 16, 2016
Working Paper Series
386 downloads

Incl. Electronic Paper You Help Me, He Helps You: Dispute Systems Design in the Sharing Economy
Washington University Journal of Law and Policy, Vol. 48, 2015, Harvard Public Law Working Paper No. 16-03
Heather Scheiwe Kulp and Amanda L. Kool
Negotiation and Mediation Clinical Program and Harvard University, Law School - Faculty, Transactional Law Clinics
Date Posted: January 22, 2016
Last Revised: March 16, 2016
Accepted Paper Series
87 downloads

Incl. Electronic Paper The Unbearable Rightness of Auer
Forthcoming, University of Chicago Law Review, Harvard Public Law Working Paper No. 16-02
Cass R. Sunstein and Adrian Vermeule
Harvard Law School and Harvard Law School
Date Posted: January 18, 2016
Last Revised: May 22, 2016
Accepted Paper Series
839 downloads

Incl. Electronic Paper The Rise of Behavioral Economics: Richard Thaler's 'Misbehaving'
Harvard Public Law Working Paper No. 16-01
Cass R. Sunstein
Harvard Law School
Date Posted: January 16, 2016
Last Revised: March 16, 2016
Working Paper Series
1073 downloads

Incl. Electronic Paper Criminal Labor Law
Berkeley Journal of Employment and Labor Law, 2016, Forthcoming, Harvard Public Law Working Paper No. 15-19
Benjamin Levin
Harvard Law School
Date Posted: October 23, 2015
Last Revised: April 07, 2016
Accepted Paper Series
241 downloads

Incl. Electronic Paper The Numerus Clausus Principle, Property Customs, and the Emergence of New Property Forms
Iowa Law Review, Vol. 100, 2015, Harvard Public Law Working Paper #15-18
Yun-chien Chang and Henry E. Smith
Academia Sinica - Institutum Iurisprudentiae (IIAS) and Harvard Law School
Date Posted: October 03, 2015
Last Revised: March 16, 2016
Accepted Paper Series
162 downloads

Incl. Electronic Paper Regulation of Emerging Risks
69 Vanderbilt Law Review 401 (2016), Harvard Public Law Working Paper No. 15-17
Matthew Wansley
Harvard Law School
Date Posted: August 18, 2015
Last Revised: April 01, 2016
Accepted Paper Series
140 downloads


 

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