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Florida State University Public Law & Legal Theory Research Paper Series

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1.

'Tell the Truth': Truth in Music Advertising Post Tam

Oxford Handbook of Music Law and Policy, Forthcoming, FSU College of Law, Law, Business & Economics Paper No. 19-18, FSU College of Law, Public Law Research Paper No. 901
Number of pages: 22 Posted: 06 Jan 2019
Accepted Paper Series
Florida State University - College of Law
Downloads 16
2.

What the Feds Can Do to Rein in Local Mercenary Criminal Justice

2018 Illinois Law Review (Forthcoming), FSU College of Law, Public Law Research Paper No. 900
Number of pages: 28 Posted: 03 Dec 2018
Accepted Paper Series
Florida State University - College of Law
Downloads 43
3.

Democratizing Access to Survey Evidence of Distinctiveness

Trademark Law and Theory: Reform of Trademark Law (Dinwoodie & Janis, eds), Elgar, 2019, Forthcoming, FSU College of Law, Law, Business & Economics Paper No. 19-17, FSU College of Law, Public Law Research Paper No. 899
Number of pages: 23 Posted: 27 Nov 2018
Accepted Paper Series
Florida State University - College of Law
Downloads 15
4.

Beyond the Elements: Erie and the Standards for Preliminary and Permanent Injunctions

Akron Law Review, 2019, FSU College of Law, Public Law Research Paper No. 898
Number of pages: 33 Posted: 07 Nov 2018 Last Revised: 10 Jan 2019
Accepted Paper Series
Florida State University - College of Law
Downloads 18
5.

GoTaxMe: Crowdfunding and Gifts

Florida Tax Review, 2019, FSU College of Law, Public Law Research Paper No. 899, FSU College of Law, Law, Business & Economics Paper No. 18-15
Number of pages: 13 Posted: 06 Nov 2018
Accepted Paper Series
Florida State University - College of Law
Downloads 173
6.

Debate on Carried Interest

157 Tax Notes 1597, (Dec. 11, 2017), FSU College of Law, Public Law Research Paper No. 897, FSU College of Law, Law, Business & Economics Paper No. 18-14, U of Texas Law, Public Law Research Paper
Number of pages: 22 Posted: 29 Oct 2018
Accepted Paper Series
University of Texas at Austin - School of Law, Florida State University - College of Law and University of Michigan Law School
Downloads 59
7.

On the Limitations of Unitary Models of the Proof Process

FSU College of Law, Public Law Research Paper No. 896, FSU College of Law, Law, Business & Economics Paper No. 18-13
Number of pages: 7 Posted: 24 Oct 2018
Working Paper Series
Florida State University College of Law
Downloads 17
8.

Big Data is Not Big Oil: The Role of Analogy in the Law of New Technologies

Georgetown Law Journal Online, Forthcoming, FSU College of Law, Public Law Research Paper No. 895, FSU College of Law, Law, Business & Economics Paper No. 18-12
Number of pages: 20 Posted: 15 Oct 2018 Last Revised: 27 Nov 2018
Accepted Paper Series
Florida State University - College of Law
Downloads 138
9.

Dissatisfied Members in Florida LLCs: Remedies

18 Florida State University Business Review 1 (2019, Forthcoming), FSU College of Law, Public Law Research Paper No. 894, FSU College of Law, Law, Business & Economics Paper No. 18-11
Number of pages: 37 Posted: 25 Sep 2018 Last Revised: 06 Oct 2018
Accepted Paper Series
Florida State University College of Law
Downloads 57
10.

The Law and Economics of the Going-Public Decision

The Oxford Handbook of IPOs (Oxford University Press, Forthcoming) , FSU College of Law, Public Law Research Paper No. 893, FSU College of Law, Law, Business & Economics Paper No. 18-10
Number of pages: 37 Posted: 18 Sep 2018
Accepted Paper Series
Florida State University - College of Law
Downloads 61
11.

Improving Lawyers’ Health by Addressing the Impact of Adverse Childhood Experiences

53 University of Richmond Law Review (2018 Forthcoming), FSU College of Law, Public Law Research Paper No. 883
Number of pages: 20 Posted: 17 Sep 2018
Accepted Paper Series
Florida State University College of Social Work, Institute for Family Violence Studies and Florida State University - College of Law
Downloads 23
12.

The Uncertain Case for Appraisal Arbitrage

Wake Forest Law Review, Vol. 52, No. 1, 2017, FSU College of Law, Public Law Research Paper No. 892, FSU College of Law, Law, Business & Economics Paper No. 18-9
Number of pages: 49 Posted: 17 Sep 2018
Accepted Paper Series
Florida State University - College of Law
Downloads 11
13.

Legitimizing Character Evidence

Emory Law Journal, 2019 Forthcoming, FSU College of Law, Public Law Research Paper No. 890, FSU College of Law, Law, Business & Economics Paper No. 18-7
Number of pages: 62 Posted: 13 Sep 2018
Accepted Paper Series
Florida State University - College of Law
Downloads 25
14.

The Paradox of Executive Compensation Regulation

44 Journal of Corporation Law (2019 Forthcoming), FSU College of Law, Public Law Research Paper No. 891, FSU College of Law, Law, Business & Economics Paper No. 18-8
Number of pages: 41 Posted: 13 Sep 2018
Accepted Paper Series
Brooklyn Law School and Florida State University - College of Law
Downloads 53
15.

Behavioral vs. Traditional Corporate Finance: An Unabashed Critical Review

FSU College of Law, Public Law Research Paper No. 889, FSU College of Law, Law, Business & Economics Paper No. 18-6
Number of pages: 41 Posted: 11 Sep 2018
Working Paper Series
Florida State University
Downloads 285
16.

The I·CONnect-Clough Center 2017 Global Review of Constitutional Law

The I·CONnect-Clough Center 2017 Global Review of Constitutional Law. ISBN: 978-0-692-15916-3. Published by the Clough Center for the Study of Constitutional Democracy, FSU College of Law, Public Law Research Paper No. 888, U of Texas Law, Public Law Research Paper,
Number of pages: 330 Posted: 22 Aug 2018
Working Paper Series
University of Texas at Austin - School of Law, Florida State University - College of Law, University of Trieste and University of Copenhagen, Faculty of Law
Downloads 1,396
17.

Constituent Power and Constitution-Making in Latin America

Comparative Constitution-Making (Edward Elgar Press) (Hanna Lerner & David Landau, eds., 2019 Forthcoming), FSU College of Law, Public Law Research Paper No. 881
Number of pages: 22 Posted: 14 Aug 2018
Accepted Paper Series
Florida State University - College of Law
Downloads 84
18.

Prophylactic Redistricting? Congress's Section 5 Power and the New Equal Protection Right to Vote

William & Mary Law Review, Vol. 59, 2018, FSU College of Law, Public Law Research Paper No. 882
Number of pages: 62 Posted: 01 Aug 2018
Accepted Paper Series
Florida State University - College of Law
Downloads 40
19.

Term Limits and the Unconstitutional Constitutional Amendment Doctrine: Lessons from Latin America

Forthcoming, Alexander Baturo and Robert Elgie eds., Politics of Presidential Term Limits (Oxford University Press), FSU College of Law, Public Law Research Paper No. 887
Number of pages: 20 Posted: 26 Jul 2018
Accepted Paper Series
Florida State University - College of Law, Interdisciplinary Center (IDC) Herzliya - Radzyner School of Law and University of New South Wales (UNSW) - Faculty of Law
Downloads 93
20.

From an Unconstitutional Constitutional Amendment to an Unconstitutional Constitution? Lessons From Honduras

Global Constitutionalism, Forthcoming , FSU College of Law, Public Law Research Paper No. 886
Number of pages: 24 Posted: 25 Jul 2018
Accepted Paper Series
Florida State University - College of Law, University of New South Wales (UNSW) - Faculty of Law and Interdisciplinary Center (IDC) Herzliya - Radzyner School of Law
Downloads 74
21.

Prices Versus Quantities

Policy Instruments in Environmental Law (Richards, K. and J. Van Zeben, eds.), Elgar, 2018, FSU College of Law, Public Law Research Paper No. 884, FSU College of Law, Law, Business & Economics Paper No. 18-5
Number of pages: 16 Posted: 12 Jul 2018
Working Paper Series
Florida State University - College of Law
Downloads 15
22.

Digital Surveillance and Preventive Policing

Connecticut Law Review, Vol. 49, No. 5, 2017, FSU College of Law, Public Law Research Paper No. 880, FSU College of Law, Law, Business & Economics Paper 18-3
Number of pages: 42 Posted: 29 Jun 2018
Accepted Paper Series
Florida State University College of Law
Downloads 43
23.

Constrained Regulatory Exit in Energy Law

67 Duke Law Journal, 1687-1728 (2018) (Forty-Eighth Annual Administrative Law Symposium: Exit and the Administrative State), FSU College of Law, Public Law Research Paper No. 885, FSU College of Law, Law, Business & Economics Paper No. 18-4, Vanderbilt Law Research Paper No. 18-46
Number of pages: 43 Posted: 20 Jun 2018 Last Revised: 18 Oct 2018
Working Paper Series
Vanderbilt University - Law School and Florida State University - College of Law
Downloads 38
24.

Challenging the Punitiveness of 'New-Generation' SORN Laws

21 New Criminal Law Review (2018 Forthcoming), FSU College of Law, Public Law Research Paper No. 879
Number of pages: 49 Posted: 29 May 2018 Last Revised: 02 Aug 2018
Working Paper Series
Florida State University - College of Law
Downloads 233
25.

Revisiting Congressional Delegation as the Foundation for Chevron

Supreme Court Economic Review, Forthcoming, FSU College of Law, Public Law Research Paper No. 877
Posted: 30 Apr 2018
Accepted Paper Series
Florida State University College of Law
26.

The Bounds of Congress’ Spending Power

Arizona Law Review, Forthcoming, FSU College of Law, Public Law Research Paper No. 874
Number of pages: 44 Posted: 30 Apr 2018
Accepted Paper Series
Florida State University College of Law
Downloads 28
27.

A Process-Based Approach to Presidential Exit

Duke Law Journal, Forthcoming, FSU College of Law, Public Law Research Paper No. 875
Number of pages: 13 Posted: 30 Apr 2018
Accepted Paper Series
Florida State University College of Law
Downloads 13
28.

Policing Police Access to Criminal Justice Data

Iowa Law Review, Vol. 104, 2019, Forthcoming, FSU College of Law, Public Law Research Paper No. 878
Number of pages: 78 Posted: 30 Apr 2018 Last Revised: 03 Aug 2018
Accepted Paper Series
Florida State University - College of Law
Downloads 81
29.

The Long Shadow of Judicial Review

32 Journal of Land Use & Environmental Law 579 (2017), FSU College of Law, Public Law Research Paper No. 876
Number of pages: 20 Posted: 25 Apr 2018
Accepted Paper Series
Florida State University College of Law
Downloads 35
30.

False Massiah: The Sixth Amendment Revolution That Wasn’t

50 Texas Tech. L. Rev. 153 (2017), FSU College of Law, Public Law Research Paper No. 873
Number of pages: 19 Posted: 31 Mar 2018
Accepted Paper Series
Florida State University - College of Law
Downloads 25
31.

Toward a Corporate Finance Theory for the Entrepreneurial Firm.

FSU College of Law, Public Law Research Paper No. 872
Number of pages: 27 Posted: 06 Mar 2018
Working Paper Series
Florida State University
Downloads 150
32.

Unraveling the Administrative State: Mechanism Choice, Key Actors, and Regulatory Tools

Virginia Environmental Law Journal, Vol. 36, No. 3, 2018, Forthcoming, FSU College of Law, Public Law Research Paper No. 870
Number of pages: 56 Posted: 18 Feb 2018 Last Revised: 17 May 2018
Working Paper Series
George Washington University - Law School and Florida State University - College of Law
Downloads 113
33.

Human Capital in a Climate-Changed World

Forthcoming in Climate Change and Its Impacts: Risks and Inequalities (C. Murphy, P. Gardoni & R. McKim, eds.), FSU College of Law, Public Law Research Paper No. 871
Number of pages: 15 Posted: 19 Jan 2018
Accepted Paper Series
Florida State University - College of Law
Downloads 29
34.

An Unintended Consequence of Reducing the Corporate Tax Rate

Tax Notes, Vol. 157, No. 8, 2017, FSU College of Law, Public Law Research Paper No. 869, FSU College of Law, Law, Business & Economics Paper No. 1-18
Number of pages: 4 Posted: 21 Dec 2017
Accepted Paper Series
Florida State University - College of Law
Downloads 330
35.

The Inappropriateness of the Bad Checks Penalty

Tax Notes, Vol. 157, No. 6, 2017, FSU College of Law, Public Law Research Paper No. 868, U of Michigan Public Law Research Paper No. 584
Number of pages: 7 Posted: 13 Dec 2017 Last Revised: 22 Mar 2018
Accepted Paper Series
University of Michigan Law School and Florida State University - College of Law
Downloads 46
36.

Leaving Law Firms with Client Fees: Florida's Path

91-10 Florida Bar Journal 9 (2017), FSU College of Law, Public Law Research Paper No. 865
Number of pages: 8 Posted: 29 Nov 2017 Last Revised: 19 Dec 2017
Accepted Paper Series
Florida State University College of Law
Downloads 16
37.

Regulatory Triage in a Volatile Political Era

117 Columbia Law Review Online 240 (2017) , FSU College of Law, Public Law Research Paper No. 866
Number of pages: 21 Posted: 28 Nov 2017
Accepted Paper Series
Florida State University - College of Law
Downloads 29
38.

Federal Laboratories of Democracy

FSU College of Law, Public Law Research Paper No. 867, UC Hastings Research Paper No. 259
Number of pages: 53 Posted: 27 Nov 2017 Last Revised: 11 Jan 2018
Working Paper Series
Florida State University - College of Law and University of California - Hastings College of the Law
Downloads 63
39.

Can Nonstatutory Federal Climate Litigation Drive Federal Climate Policy?

Trends, November/December 2017, A.B.A. Section of Environment, Energy, and Resources Newsletter, FSU College of Law, Public Law Research Paper No. 864
Number of pages: 3 Posted: 20 Nov 2017
Accepted Paper Series
Florida State University - College of Law
Downloads 50
40.

Evidentiary Trapdoors

Iowa Law Review, Vol. 103, Forthcoming, FSU College of Law, Public Law Research Paper No. 863
Number of pages: 55 Posted: 17 Oct 2017
Accepted Paper Series
Florida State University - College of Law
Downloads 36
41.

Presidential Term Limits in Latin America and the Limits of Transnational Constitutional Dialogue

12 Law & Ethics of Human Rights, Forthcoming, FSU College of Law, Public Law Research Paper No. 862
Number of pages: 17 Posted: 16 Oct 2017
Accepted Paper Series
Florida State University - College of Law
Downloads 89
42.

Populist Constitutions

85 University of Chicago Law Review, 2018, Forthcoming, FSU College of Law, Public Law Research Paper No. 861
Number of pages: 15 Posted: 16 Oct 2017
Accepted Paper Series
Florida State University - College of Law
Downloads 238
43.

The Judicial and Generational Dispute over Transgender Rights

Stanford Law & Policy Review, Vol. 29, No. 1, Forthcoming, FSU College of Law, Public Law Research Paper No. 859
Number of pages: 32 Posted: 13 Oct 2017
Accepted Paper Series
Slate Magazine, Florida State University College of Social Work, Institute for Family Violence Studies, Florida State University - College of Law, Center for Public Partnership & Research, Florida State University and Florida State University
Downloads 114
44.

Carbon Pricing

Chapter 3 in Legal Pathways to Deep Decarbonization in the United States (Dernbach, J. and M. Gerrard, eds.) Forthcoming, FSU College of Law, Public Law Research Paper No. 860, FSU College of Law, Law, Business & Economics Paper No. 7-17
Number of pages: 25 Posted: 06 Oct 2017
Accepted Paper Series
Florida State University - College of Law
Downloads 35
45.

The Misfortune of the Deductions for Business and Personal Casualty Losses

Florida Tax Review, Vol. 21, FSU College of Law, Public Law Research Paper No. 858, FSU College of Law, Law, Business & Economics Paper No. 6-17
Number of pages: 43 Posted: 22 Sep 2017
Accepted Paper Series
Florida State University - College of Law
Downloads 60
46.

Daily Fantasy, Tipping, and Wire Fraud

Gaming Law Review & Economics 21(1) 8-17, FSU College of Law, Public Law Research Paper No. 855
Number of pages: 13 Posted: 15 Sep 2017
Accepted Paper Series
Oklahoma State University, Independent and Florida State University - College of Education
Downloads 40
47.

Lone-Wolf Match-Fixing: Global Policy Considerations

International Journal of Sport Policy and Politics 9(1) 137-151, FSU College of Law, Public Law Research Paper No. 854
Posted: 15 Sep 2017
Working Paper Series
Oklahoma State University and Florida State University - College of Education
48.

Sports Betting Has an Equal Sovereignty Problem

Duke Law Journal Online 67 1-39 (2017), FSU College of Law, Public Law Research Paper No. 856
Posted: 15 Sep 2017
Accepted Paper Series
Florida State University - College of Education and Oklahoma State University
49.

Fourth Amendment Localism

93 Indiana Law Journal, Forthcoming, FSU College of Law, Public Law Research Paper No. 850
Number of pages: 62 Posted: 14 Sep 2017
Accepted Paper Series
Florida State University - College of Law
Downloads 85
50.

The Evolution of Public Health Provisions in Preferential Trade and Investment Agreements of the United States

in Current Alliances in International Intellectual Property Lawmaking: The Emergence and Impact of Mega-Regionals, Global Perspectives for the IP System, eds. P. Roffe and X. Seuba, CEIPI-ICTSD, Issue No. 4, 2017, pp. 45-63, FSU College of Law, Public Law Research Paper No. 853, FSU College of Law, Law, Business & Economics Paper No. 5-17
Number of pages: 23 Posted: 07 Sep 2017
Accepted Paper Series
Florida State University - College of Law
Downloads 49