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
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