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University of Virginia Public Law & Legal Theory Research Paper Series

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Viewing: 1 - 50 of 1,046 papers

1.

Sleeping Dogs: The Restatement (Fourth) and International Humanitarian Law

The Restatement and Beyond – The Past, Present, and Future of U.S. Foreign Relations Law (Oxford University Press: New York, Sarah A. Cleveland & Paul B. Stephan eds., 2020 Forthcoming), Virginia Public Law and Legal Theory Research Paper No. 2020-14,
Number of pages: 23 Posted: 07 Feb 2020
Working Paper Series
University of Virginia School of Law
Downloads 3
2.

The Certificate of Division and the Early Supreme Court

Virginia Public Law and Legal Theory Research Paper No. 2020-13
Number of pages: 41 Posted: 07 Feb 2020 Last Revised: 15 Feb 2020
Working Paper Series
Emory University School of Law and University of Virginia School of Law
Downloads 36
3.

Lost in Translation: 'Risks' 'Needs,' and 'Evidence' in Implementing the First Step Act

Virginia Public Law and Legal Theory Research Paper No. 2020-12
Number of pages: 31 Posted: 05 Feb 2020
Working Paper Series
University of California, Berkeley and University of Virginia School of Law
Downloads 48
4.

High-Tech International Law

Forthcoming, 88 Geo. Wash. L. Rev. __ (2020), Virginia Public Law and Legal Theory Research Paper No. 2020-10
Number of pages: 53 Posted: 05 Feb 2020
Accepted Paper Series
University of Virginia School of Law
Downloads 62
5.

Algorithmic Fairness, Algorithmic Discrimination

Virginia Public Law and Legal Theory Research Paper No. 2020-11
Number of pages: 62 Posted: 04 Feb 2020 Last Revised: 05 Feb 2020
Accepted Paper Series
University of Virginia School of Law
Downloads 64
6.

Constitutionalism and Internationalism: U.S. Participation in International Institutions

OXFORD HANDBOOK OF COMPARATIVE FOREIGN RELATIONS LAW 375 (Oxford University Press: New York, Curtis A. Bradley, editor 2019) , Virginia Public Law and Legal Theory Research Paper No. 2020-08
Number of pages: 18 Posted: 22 Jan 2020
Accepted Paper Series
University of Virginia School of Law
Downloads 12
7.

Do Good Citizens Need Good Laws? Economics and the Expressive Function

Theoretical Inquiries in Law, forthcoming, Virginia Law and Economics Research Paper No. 2020-01, Virginia Public Law and Legal Theory Research Paper No. 2020-09
Number of pages: 26 Posted: 22 Jan 2020
Accepted Paper Series
University of Virginia School of Law and University of Virginia School of Law
Downloads 33
8.

International Law as a Wedge Between Legal Systems

THE COMMON LAW AND THE CIVIL LAW TODAY ‒ CONVERGENCE AND DIVERGENCE 1 (Vernon Press: Wilmington, Del., Marko Novakovic, editor 2019), Virginia Public Law and Legal Theory Research Paper No. 2020-07,
Number of pages: 11 Posted: 21 Jan 2020
Accepted Paper Series
University of Virginia School of Law
Downloads 27
9.

Big Data and the Future Law of Armed Conflict in Cyberspace

THE LAW OF ARMED CONFLICT IN 2040 (Oxford University Press: New York, Matthew C. Waxman, ed. 2020), Virginia Public Law and Legal Theory Research Paper No. 2020-06
Number of pages: 19 Posted: 21 Jan 2020
Accepted Paper Series
University of Virginia School of Law
Downloads 38
10.

Aging Populations and Public Health Ethics

Oxford Handbooks Online 10 January 2019 The Oxford Handbook of Public Health Ethics Edited by Anna C. Mastroianni, Jeffrey P. Kahn, and Nancy E. Kass, Virginia Public Law and Legal Theory Research Paper No. 2020-02
Number of pages: 19 Posted: 17 Jan 2020
Accepted Paper Series
University of Virginia Center for Biomedical Ethics and Humanities
Downloads 18
11.

The Legitimacy of International Law

PALGRAVE HANDBOOK OF INTERNATIONAL POLITICAL THEORY (Palgrave MacMillan: New York, Howard Williams, David Boucher, Peter Sutch & David A. Reidy, eds., forthcoming 2021), Virginia Public Law and Legal Theory Research Paper No. 2020-05
Number of pages: 14 Posted: 17 Jan 2020
Accepted Paper Series
University of Virginia School of Law
Downloads 24
12.

The Waning of the Federal Common Law of Foreign Relations

THE RESTATEMENT AND BEYOND – THE PAST, PRESENT, AND FUTURE OF U.S. FOREIGN RELATIONS LAW (Oxford University Press: New York, Sarah A. Cleveland & Paul B. Stephan, eds. 2020), Virginia Public Law and Legal Theory Research Paper No. 2020-04,
Number of pages: 28 Posted: 17 Jan 2020
Accepted Paper Series
University of Virginia School of Law
Downloads 15
13.

The Trial Lottery

Virginia Public Law and Legal Theory Research Paper No. 2019-03
Number of pages: 50 Posted: 17 Jan 2020
Accepted Paper Series
University of Connecticut - School of Law, University of Oklahoma - College of Law and University of Virginia School of Law
Downloads 44
14.

Two Threats to Precision Medicine Equity

Ethnicity & Disease, Volume 29, Supplement 3, 2019, Virginia Public Law and Legal Theory Research Paper No. 2020-01
Number of pages: 13 Posted: 03 Jan 2020
Accepted Paper Series
University of Virginia School of Law
Downloads 19
15.

Constitutionalism in Unexpected Places

Virginia Law Review, Forthcoming
Posted: 16 Dec 2019
Accepted Paper Series
University of Virginia School of Law
16.

Restructuring United States Government Debt: Private Rights, Public Values, and the Constitution

Virginia Public Law and Legal Theory Research Paper No. 2019-68, Virginia Law and Economics Research Paper No. 2019-20
Number of pages: 47 Posted: 02 Dec 2019 Last Revised: 04 Dec 2019
Accepted Paper Series
University of Virginia School of Law and University of Virginia School of Law
Downloads 149
17.

Small-c Constitutional Rights

Virginia Public Law and Legal Theory Research Paper No. 2019-67, University of Chicago Coase-Sandor Institute for Law & Economics Research Paper No. 894
Number of pages: 90 Posted: 02 Dec 2019 Last Revised: 23 Jan 2020
Accepted Paper Series
University of Chicago - Law School and University of Virginia School of Law
Downloads 44
18.

Delegation and Interpretive Discretion: Gundy, Kisor, and the Formation and Future of Administrative Law

133 Harvard Law Review 164 (2019), Virginia Public Law and Legal Theory Research Paper No. 2019-66
Number of pages: 37 Posted: 02 Dec 2019
Accepted Paper Series
University of Virginia School of Law
Downloads 78
19.

The Genetic Fallacy and a Living Constitution

Constitutional Commentary, Vol. 34, No. 3. (2019), Virginia Public Law and Legal Theory Research Paper No. 2019-65
Number of pages: 32 Posted: 15 Nov 2019
Accepted Paper Series
University of Virginia School of Law
Downloads 147
20.

On Charlottesville

Virginia Law Review, Vol. 105, 2019, Virginia Public Law and Legal Theory Research Paper No. 2019-64
Number of pages: 74 Posted: 23 Oct 2019
Accepted Paper Series
University of Virginia School of Law
Downloads 28
21.

The Book Has Two Faces: Trevor Ross's Writing in Public: Literature and the Liberty of the Press in Eighteenth Century Britain

Critical Analysis of Law: An International & Interdisciplinary Law Review, Forthcoming, Virginia Public Law and Legal Theory Research Paper No. 2019-63
Number of pages: 7 Posted: 18 Oct 2019
Accepted Paper Series
University of Virginia School of Law
Downloads 10
22.

Miami Herald v. Tornillo: Freedom of Speech for Whom?

Painting Constitutional Law, Forthcoming, Virginia Public Law and Legal Theory Research Paper No. 2019-62
Number of pages: 14 Posted: 17 Oct 2019
Accepted Paper Series
University of Virginia School of Law
Downloads 37
23.

From the Third to the Fourth Restatement of Foreign Relations: The Rise and Potential Fall of Foreign Relations Exceptionalism

In Sarah H. Cleveland and Paul B. Stephen, eds., The Restatement and Beyond: The Past, Present, and Future of U.S. Foreign Relations Law (Oxford University Press, 2020), Forthcoming, Virginia Public Law and Legal Theory Research Paper No. 2019-61
Posted: 16 Oct 2019
Accepted Paper Series
University of Virginia School of Law
24.

Falsity and the First Amendment

SMU Law Review, Vol. 72, No. 3, 2019, Virginia Public Law and Legal Theory Research Paper No. 2019-60
Number of pages: 24 Posted: 16 Oct 2019
Accepted Paper Series
University of Virginia School of Law
Downloads 29
25.

Does It Matter Who Objects? Rethinking the Burden to Prevent Errors in Criminal Process

Virginia Public Law and Legal Theory Research Paper No. 2019-59
Number of pages: 54 Posted: 16 Oct 2019 Last Revised: 05 Dec 2019
Accepted Paper Series
University of Virginia School of Law
Downloads 46
26.

Taxing Residential Solar

Tax Law Review, Vol 74, Forthcoming, Virginia Public Law and Legal Theory Research Paper No. 2019-58, Virginia Law and Economics Research Paper No. 2019-19, University of Georgia School of Law Legal Studies Research Paper No. 2019-30
Number of pages: 64 Posted: 15 Oct 2019 Last Revised: 02 Nov 2019
Working Paper Series
University of Virginia School of Law and University of Georgia School of Law
Downloads 52
27.

The Law and Economics of Animus

Virginia Public Law and Legal Theory Research Paper No. 2019-57, Virginia Law and Economics Research Paper No. 2019-18
Number of pages: 80 Posted: 14 Oct 2019 Last Revised: 18 Oct 2019
Accepted Paper Series
University of Virginia School of Law
Downloads 83
28.

Unconstitutional Government Speech

Virginia Public Law and Legal Theory Research Paper No. 2019-56
Number of pages: 59 Posted: 12 Oct 2019
Accepted Paper Series
University of Virginia School of Law
Downloads 86
29.

Establishment Clause Inversion in the Bladensburg Cross Case

ACS Supreme Court Review 2018-2019, Virginia Public Law and Legal Theory Research Paper No. 2019-55
Number of pages: 39 Posted: 04 Oct 2019
Accepted Paper Series
University of Virginia School of Law and University of Virginia School of Law
Downloads 58
30.

Confederate Monuments and Punitive Preemption: The Latest Assault on Local Democracy

Local Solutions Support Center, October 2019, Virginia Public Law and Legal Theory Research Paper No. 2019-54
Number of pages: 18 Posted: 02 Oct 2019 Last Revised: 09 Oct 2019
Accepted Paper Series
University of Virginia School of Law and University of Virginia School of Law
Downloads 41
31.

Secret Reason-Giving

Yale Law Journal, 129, 2020, Forthcoming, Virginia Public Law and Legal Theory Research Paper No. 2019-53
Number of pages: 78 Posted: 17 Sep 2019 Last Revised: 02 Feb 2020
Accepted Paper Series
University of Virginia School of Law
Downloads 80
32.

Legislators on Executive-Branch Boards Are Unconstitutional, Period

William & Mary Bill of Rights Journal, Forthcoming, Virginia Public Law and Legal Theory Research Paper No. 2019-52
Number of pages: 33 Posted: 13 Sep 2019
Accepted Paper Series
University of Virginia School of Law
Downloads 18
33.

The Judicial Demand for Explainable Artificial Intelligence

119 Colum. L. Rev. __ (2019 Forthcoming), Virginia Public Law and Legal Theory Research Paper No. 2019-51
Number of pages: 22 Posted: 21 Aug 2019 Last Revised: 02 Feb 2020
Accepted Paper Series
University of Virginia School of Law
Downloads 282
34.

Risk and Resources: A Qualitative Perspective on Low-Level Sentencing in Virginia

Journal of Community Psychology 2019; 47: 1476-1492, Virginia Public Law and Legal Theory Research Paper No. 2019-47, Duke Law School Public Law & Legal Theory Series No. 2019-53
Number of pages: 34 Posted: 17 Aug 2019
Accepted Paper Series
University of Lynchburg, University of Virginia School of Law, Duke University School of Law and Masters in Public Health Candidate, University of Virginia School of Medicine; Research Assistant, University of Virginia School of Law
Downloads 21
35.

Judging the Use of Risk Assessment in Sentencing

Judicature, Forthcoming, Virginia Public Law and Legal Theory Research Paper No. 2019-45, Duke Law School Public Law & Legal Theory Series No. 2019-54
Number of pages: 15 Posted: 15 Aug 2019
Accepted Paper Series
Duke University School of Law and University of Virginia School of Law
Downloads 70
36.

Kicking the Habit: The Opioid Crisis, America’s Addiction to Punitive Prohibition, and the Promise of Free Heroin

Ohio State Law Journal, Forthcoming, Virginia Public Law and Legal Theory Research Paper No. 2019-49
Number of pages: 40 Posted: 15 Aug 2019
Accepted Paper Series
University of Virginia School of Law and Independent
Downloads 95
37.

Constitutional Locks

Virginia Public Law and Legal Theory Research Paper No. 2019-50
Number of pages: 59 Posted: 15 Aug 2019 Last Revised: 24 Dec 2019
Accepted Paper Series
University of Virginia School of Law, Instituto Tecnológico Autónomo de México (ITAM) - Law School and University of Virginia School of Law
Downloads 44
38.

First Amendment Imperialism and the Constitutionalization of Tort Liability

Texas Law Review (Forthcoming), Virginia Public Law and Legal Theory Research Paper No. 2019-44
Number of pages: 69 Posted: 15 Aug 2019
Accepted Paper Series
University of Virginia School of Law and University of Virginia School of Law
Downloads 112
39.

The Epistemic Function of Fusing Equal Protection and Due Process

William & Mary Bill of Rights Journal, Forthcoming, Virginia Public Law and Legal Theory Research Paper No. 2019-46
Number of pages: 24 Posted: 15 Aug 2019
Accepted Paper Series
University of Virginia School of Law
Downloads 53
40.

Constructing Originalism or: Why Professors Baude and Sachs Should Learn to Stop Worrying and Love Ronald Dworkin

Virginia Public Law and Legal Theory Research Paper No. 2019-48
Number of pages: 21 Posted: 15 Aug 2019 Last Revised: 02 Oct 2019
Accepted Paper Series
University of Virginia School of Law
Downloads 208
41.

Judicial Reliance on Risk Assessment in Sentencing Drug and Property Offenders: A Test of the Treatment Resource Hypothesis

Virginia Public Law and Legal Theory Research Paper No. 2019-42, Criminal Justice and Behavior, 2019, Vol. 46, No. 6, June 2019, 799-810, Duke Law School Public Law & Legal Theory Series No. 2019-56
Number of pages: 13 Posted: 13 Aug 2019 Last Revised: 20 Aug 2019
Accepted Paper Series
Duke University School of Law, Duke University School of Law and University of Virginia School of Law
Downloads 29
42.

The Unreasonableness of Catholic Integralism

Virginia Public Law and Legal Theory Research Paper No. 2019-43
Number of pages: 25 Posted: 13 Aug 2019
Accepted Paper Series
University of Virginia School of Law and University of Virginia - School of Law, Alumnus or Degree Candidate Author
Downloads 321
43.

Must Laws Be Motivated by Public Reason?

Public Reason and Courts (Silje Langvatn, et al. eds., Cambridge University Press, Forthcoming), Virginia Public Law and Legal Theory Research Paper No. 2019-41
Number of pages: 18 Posted: 07 Aug 2019
Accepted Paper Series
University of Virginia School of Law
Downloads 91
44.

Measuring Algorithmic Fairness

Virginia Public Law and Legal Theory Research Paper No. 2019-39, Virginia Law and Economics Research Paper No. 2019-15, Virginia Law Review, Forthcoming
Number of pages: 51 Posted: 16 Jul 2019 Last Revised: 04 Aug 2019
Accepted Paper Series
University of Virginia School of Law
Downloads 520
45.

Maintaining Scholarly Integrity in the Age of Bibliometrics

Journal of Legal Education (Forthcoming, 2019), Virginia Public Law and Legal Theory Research Paper No. 2019-40, Virginia Law and Economics Research Paper No. 2019-16
Number of pages: 22 Posted: 12 Jul 2019 Last Revised: 16 Dec 2019
Accepted Paper Series
University of Virginia School of Law and University of Virginia School of Law
Downloads 166
46.

Mutual Fund Tax Overhang

Virginia Public Law and Legal Theory Research Paper No. 2019-38, Virginia Law and Economics Research Paper No. 2019-13
Number of pages: 49 Posted: 01 Jul 2019
Accepted Paper Series
University of Virginia School of Law
Downloads 97
47.

Religious Antiliberalism and the First Amendment

Virginia Public Law and Legal Theory Research Paper No. 2019-37, Minnesota Law Review, Vol. 104, 2019
Number of pages: 88 Posted: 28 Jun 2019 Last Revised: 04 Feb 2020
Accepted Paper Series
University of Virginia School of Law and University of Virginia School of Law
Downloads 133
48.

Opening Merits Brief for Petitioner in Culbertson V. Berryhill, No. 17-773

Virginia Public Law and Legal Theory Research Paper No. 2019-36
Number of pages: 44 Posted: 13 Jun 2019
Accepted Paper Series
University of Virginia School of Law, Law Offices of Richard A. Culbertson, Law Offices of Richard A. Culbertson, Robbins, Russell, Englert, Orseck, Untereiner & Sauber LLP, Robbins, Russell, Englert, Orseck, Untereiner & Sauber LLP, Vinson & Elkins LLP and Vinson & Elkins LLP
Downloads 4
49.

The Broader Implications of Masterpiece Cakeshop

Brigham Young University Law Review, Forthcoming, Virginia Public Law and Legal Theory Research Paper No. 2019-35
Number of pages: 40 Posted: 11 Jun 2019 Last Revised: 30 Jul 2019
Accepted Paper Series
University of Virginia School of Law
Downloads 92
50.

What Makes Hartog Hartog: Introduction to a Symposium on the Work of Dirk Hartog

Law and Social Inquiry, Vol. 44, No. 2, 2019, Virginia Public Law and Legal Theory Research Paper No. 2019-34
Number of pages: 12 Posted: 11 Jun 2019 Last Revised: 11 Jun 2019
Accepted Paper Series
University of Virginia School of Law
Downloads 43