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Boston University Public Law & Legal Theory Research Paper Series

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Viewing: 51 - 100 of 575 papers

51.

The Rise of Fiduciary Law

Boston Univ. School of Law, Public Law Research Paper No. 18-18
Number of pages: 12 Posted: 27 Aug 2018
Working Paper Series
Boston University School of Law
Downloads 472
52.

Martin Luther King Jr. And Pretext Stops (and Arrests): Reflections on How Far We Have Not Come Fifty Years Later

University of Memphis Law Review, Vol. 49, June 2018, Boston Univ. School of Law, Public Law Research Paper No. 18-12
Number of pages: 35 Posted: 28 Jun 2018 Last Revised: 24 Jan 2019
Working Paper Series
Boston University - School of Law and Boston University - School of Law
Downloads 79
53.

Bureaucratic Resistance and the National Security State

104 Iowa L. Rev. 139 (2018)
Number of pages: 83 Posted: 16 Jun 2018 Last Revised: 04 Dec 2018
Accepted Paper Series
Yeshiva University - Benjamin N. Cardozo School of Law
Downloads 353
54.

The New Health Care Federalism on the Ground

Indiana Health Law Review, Vol. 15, p. 1 (2018), Yale Law School, Public Law Research Paper No. 639, Boston Univ. School of Law, Public Law Research Paper
Number of pages: 21 Posted: 29 May 2018
Accepted Paper Series
Yale University - Law School and Boston University - School of Public Health
Downloads 48
55.

The Procedure of Patent Eligibility

Texas Law Review, Vol. 97, p. 571, 2019, Boston Univ. School of Law, Public Law Research Paper
Number of pages: 73 Posted: 26 Apr 2018 Last Revised: 21 Feb 2019
Accepted Paper Series
Temple University - James E. Beasley School of Law
Downloads 153
56.

The Fundamental Building Blocks of Social Relations Regarding Resources: Hohfeld in Europe and Beyond

The Legacy of Wesley Hohfeld: Edited Major Works, Select Personal Papers, and Original Commentaries, Shyamkrishna Balganesh, Ted Sichelman & Henry E. Smith, eds., Cambridge University Press, Forthcoming, Boston Univ. School of Law, Public Law Research Paper No. 18-07
Number of pages: 31 Posted: 27 Mar 2018 Last Revised: 07 Mar 2019
Accepted Paper Series
Boston University - School of Law and University of California, Berkeley - School of Law
Downloads 83
57.

The Rhetoric of Bigotry and Conscience in Battles Over 'Religious Liberty v. LGBT Rights'

Religious Freedom, LGBT Rights, and the Prospects for Common Ground (William S. Eskridge, Jr. & Robin Fretwell Wilson, eds., Cambridge University Press, Forthcoming), Boston Univ. School of Law, Public Law Research Paper No. 18-05
Number of pages: 19 Posted: 21 Mar 2018
Accepted Paper Series
Boston University - School of Law
Downloads 136
58.

Excavating Race-Based Disadvantage Among Class-Privileged People of Color

Harvard Civil Rights - Civil Liberties Law Review (CR-CL), 2018 (Forthcoming), Boston Univ. School of Law, Public Law Research Paper No. 18-04
Number of pages: 66 Posted: 20 Mar 2018 Last Revised: 20 Apr 2018
Accepted Paper Series
Boston University - School of Law
Downloads 163
59.

Constitutional Law and Regionalism: A Comparative Analysis of Regionalist Negotiations

Constitutional Law and Regionalism: A Comparative Analysis of Regionalist Negotiations, Edward Elgar, Northampton, US, 2018 , ISBN: 978178347 0129
Posted: 27 Feb 2018
Accepted Paper Series
University of Southern Queensland, School of Law and Justice, Students
60.

Appointments and Illegal Adjudication: The AIA Through a Constitutional Lens

George Mason Law Review, Forthcoming, Boston Univ. School of Law, Public Law Research Paper No. 18-01
Number of pages: 54 Posted: 22 Jan 2018
Accepted Paper Series
Boston University School of Law
Downloads 310
61.

Using the Anglo-American Respondeat Superior Principle to Assign Responsibility for Worker Statutory Benefits and Protections

Boston Univ. School of Law, Public Law Research Paper
Number of pages: 85 Posted: 13 Nov 2017
Working Paper Series
Boston University - School of Law
Downloads 50
62.

Restating Intentional Torts: Problems of Process and Substance in the ALI's Third Restatement of Torts

10 J. Tort Law ____ (2017), Boston Univ. School of Law, Public Law Research Paper No. 17-44
Number of pages: 32 Posted: 26 Oct 2017
Accepted Paper Series
Boston University School of Law
Downloads 95
63.

Confronting Crawford: Justice Scalia, the Judicial Method, and the Limits(?) of Originalism

University of Chicago Law Review, Forthcoming, Boston Univ. School of Law, Public Law Research Paper No. 17-42
Number of pages: 29 Posted: 02 Oct 2017
Accepted Paper Series
Boston University School of Law
Downloads 185
64.

The Arbitrator's Jurisdiction to Determine Jurisdiction

13 ICCA Congress Series 55 (Permanent Court of Arbitration, The Hague, 2007), Boston Univ. School of Law, Public Law Research Paper No. 17-33
Number of pages: 158 Posted: 29 Aug 2017
Accepted Paper Series
Boston University - School of Law
Downloads 328
65.

Tallinn, Hacking, and Customary International Law

Ahmed Ghappour, Tallinn, Hacking, and Customary International Law, 111 AJIL Unbound 224 (2017)., Boston Univ. School of Law, Public Law Research Paper
Number of pages: 5 Posted: 24 Aug 2017
Accepted Paper Series
Boston University - School of Law
Downloads 117
66.

The Four Musketeers of Arbitral Duty (Les Devoirs De L’Arbitre: Ni Un Pour Tous, Ni Tous Pour Un)

2001 Cahiers de l'Arbitrage 13 (2011), revised 8 Revista de Arbitragem E Mediação 117 (A. Wald, São Paulo, 2011), adapted The Four Musketeers of Arbitral Duty, in 8 ICC Dossiers 25 (ICC Institute of World Business Law 2011), Boston Univ. School of Law, Public Law Research Paper No. 17-28
Number of pages: 18 Posted: 19 Aug 2017
Accepted Paper Series
Boston University - School of Law
Downloads 47
67.

Arbitration in Autumn

2 J. Int'l Dispute Settlement 3 (2011), adapted as Maturity in Arbitration, 26 ICSID Review/Foreign Investment Law J. 1 (2011), Boston Univ. School of Law, Public Law Research Paper No. 17-29
Number of pages: 44 Posted: 19 Aug 2017
Accepted Paper Series
Boston University - School of Law
Downloads 45
68.

Rectitude in International Arbitration

adapted as Rectitude in International Arbitration, 27 Arb. Int’l 473 (2011) , adapted in The Backlash Against Investment Arbitration: Perceptions and Reality 189 (Michael Waibel, Asha Kaushal, Kyo-Hwa Liz Chung, Claire Balchin, 2010), 46 San Diego Law Review 629 (2009), Boston Univ. School of Law, Public Law Research Paper No. 17-30
Number of pages: 85 Posted: 19 Aug 2017
Accepted Paper Series
Boston University - School of Law
Downloads 40
69.

Arbitrators and Accuracy

reprinted with Epilogue as Truth-Seeking in International Arbitration, in The Search for “Truth” in Arbitration 1(M. Wirth, C. Rouvinez & J. Knoll, eds., 2011), Association Suisse de l’Arbitrage Special Series No. 35, adapted as Truth and Efficiency in Looking to the Future, Essays in Honor of Michael Reisman 753 (M. Arsanjani, J. Katz Cogan, R. Sloane & S. Wiessner, eds. 2011), 1 J. Int'l Dispute Settlement 25 (2010), Boston Univ. School of Law, Public Law Research Paper No. 17-31
Number of pages: 29 Posted: 19 Aug 2017
Accepted Paper Series
Boston University - School of Law
Downloads 61
70.

Arbitrability and Tax

Arbitrability: International and comparative Perspectives 179 (L. Mistelis & S. Brekoulakis, eds., 2008), Boston Univ. School of Law, Public Law Research Paper No. 17-32
Number of pages: 28 Posted: 19 Aug 2017
Accepted Paper Series
Boston University - School of Law
Downloads 233
71.

The Nature of Arbitral Authority: A Comment on Lesotho Highlands

21 Arb. Int'l 483 (2005), Boston Univ. School of Law, Public Law Research Paper No. 17-34
Number of pages: 15 Posted: 19 Aug 2017
Accepted Paper Series
Boston University - School of Law
Downloads 32
72.

The Good Arbitrator

10 LCIA News 2008 (August 2005), Boston Univ. School of Law, Public Law Research Paper No. 17-35
Number of pages: 6 Posted: 19 Aug 2017
Accepted Paper Series
Boston University - School of Law
Downloads 40
73.

The New Face of Investment Arbitration

1 Revista del Circulo Peruano de Arbitraje 41 (2006), reprinted 19 Int’l Arb. Rep. 39 (Jan. 2004), 28 Yale J. Int’l L. 365 (2003), with Guillermo Aguilar Alvarez, International Commercial Arbitration: Important Contemporary Questions 392 (ICCA Congress Series No. 11, A.J. van den Berg ed. 2003) , Boston Univ. School of Law, Public Law Research Paper No. 17-36
Number of pages: 67 Posted: 19 Aug 2017
Accepted Paper Series
Independent and Boston University - School of Law
Downloads 64
74.

Amending the Federal Arbitration Act

Adapted as 'The Specificity of International Arbitration: The Case for FAA Reform', 36 VANDERBILT J. TRANSNATIONAL L. 1241 (2003), Boston Univ. School of Law, Public Law Research Paper No. 17-37
Number of pages: 70 Posted: 19 Aug 2017
Accepted Paper Series
Boston University - School of Law
Downloads 35
75.

Non-Signatories and International Contracts: An Arbitrator's Dilemma

2 Dispute Res. Int'l 84 (2008), Multiple Party Actions in International Arbitration 3 (Permanent Court of Arbitration, 2009), Extending the Arbitration Agreement to Non-Signatories, ch. 4 Int’l Commercial Arb. Practice: 21st Century Perspectives (H. Grigera Naón & P. Mason eds. 2010; 2d Ed. 2013), Adapted from Non-Signatories and International Arbitration, in Leading Arbitrators' Guide to International Arbitration 707 (L. Newman & R. Hill, 3d Ed. 2014), Boston Univ. School of Law, Public Law Research Paper No. 17-27
Number of pages: 44 Posted: 16 Aug 2017
Accepted Paper Series
Boston University - School of Law
Downloads 592
76.

Soft Law and Transnational Standards in Arbitration: The Challenge of Res Judicata

Contemporary Issues in International Arbitration 52 (The 2015 Fordham Papers, A. Rovine, ed., 2017), Boston Univ. School of Law, Public Law Research Paper No. 17-26
Number of pages: 22 Posted: 16 Aug 2017
Accepted Paper Series
Boston University - School of Law
Downloads 399
77.

Arbitration and Fine Dining

Festschrift für Pierre Karrer (2017), Boston Univ. School of Law, Public Law Research Paper No. 17-25
Number of pages: 26 Posted: 16 Aug 2017
Accepted Paper Series
Boston University - School of Law
Downloads 45
78.

Rules and Reliability: How Arbitrators Decide Cases

The Roles of Psychology in International Arbitration 3 (Kluwer Arbitration Series, Tony Cole ed., 2017), Boston Univ. School of Law, Public Law Research Paper No. 17-38
Number of pages: 23 Posted: 16 Aug 2017
Accepted Paper Series
Boston University - School of Law
Downloads 119
79.

Representative/Senator Trump?

21 Chapman Law Review — (Forthcoming), Boston Univ. School of Law, Public Law Research Paper No. 17-39
Number of pages: 29 Posted: 14 Aug 2017
Accepted Paper Series
Boston University School of Law
Downloads 61
80.

Can a Court Change the Law by Saying Nothing?

Vanderbilt Law Review, Vol. 71, p. 765, 2018, Stanford Public Law Working Paper, Boston Univ. School of Law, Public Law Research Paper
Number of pages: 56 Posted: 10 Aug 2017 Last Revised: 14 May 2018
Accepted Paper Series
Temple University - James E. Beasley School of Law and Stanford Law School
Downloads 443
81.

Interpretation Catalysts in Cyberspace

95 Texas Law Review 1531 (2017), Boston Univ. School of Law, Public Law Research Paper No. 17-24
Number of pages: 26 Posted: 27 Jul 2017 Last Revised: 21 Aug 2017
Accepted Paper Series
Yeshiva University - Benjamin N. Cardozo School of Law
Downloads 101
82.

Take the Fifth... Please!: The Original Insignificance of the Fifth Amendment's Due Process of Law Clause

Brigham Young University Law Review, Forthcoming, Boston Univ. School of Law, Public Law Research Paper No. 17-21
Number of pages: 61 Posted: 11 Jul 2017
Accepted Paper Series
Boston University School of Law
Downloads 157
83.

Introduction, The Poverty of Privacy Rights

Bridges, Khiara M. The Poverty of Privacy Rights. Stanford University Press. June 2017. , Boston Univ. School of Law, Public Law Research Paper No. 17-19
Number of pages: 12 Posted: 13 Jun 2017
Accepted Paper Series
Boston University - School of Law
Downloads 298
84.

Contents and Chapter Abstracts, The Poverty of Privacy Rights

Bridges, Khiara M., The Poverty of Privacy Rights. Stanford University Press. June 2017., Boston Univ. School of Law, Public Law Research Paper No. 17-20
Number of pages: 3 Posted: 13 Jun 2017
Accepted Paper Series
Boston University - School of Law
Downloads 31
85.

The Prophylactic Fifth Amendment

Boston University Law Review, Vol. 97, Forthcoming, Boston Univ. School of Law, Public Law Research Paper No. 17-14
Number of pages: 39 Posted: 09 May 2017
Accepted Paper Series
Boston University - School of Law
Downloads 99
86.

How Much Has the Supreme Court Changed Patent Law?

Chicago-Kent Journal of Intellectual Property, Vol. 16, p. 330, 2017, Boston Univ. School of Law, Public Law Research Paper No. 17-16
Number of pages: 23 Posted: 05 May 2017 Last Revised: 13 May 2017
Accepted Paper Series
Temple University - James E. Beasley School of Law
Downloads 104
87.

The Intersection of Civil and Religious Family Law in the U.S. Constitutional Order: A Mild Legal Pluralism

Religion, Secularism & Constitutional Democracy (Jean L Cohen and Cécile Laborde, Columbia University Press 2016), pp. 379-399., Boston Univ. School of Law, Public Law Research Paper No. 17-13
Number of pages: 26 Posted: 02 May 2017 Last Revised: 15 May 2017
Accepted Paper Series
Boston University - School of Law
Downloads 90
88.

Reading Deboer and Obergefell through The ‘Moral Readings versus Originalisms’ Debate: From Constitutional ‘Empty Cupboards’ to Evolving Understandings

31 Constitutional Commentary 441 (2016), 11 Problema: Anuario de Filosofía y Teoria del Derecho 85-130 (Dec. 2017) , Boston Univ. School of Law, Public Law Research Paper No. 17-12
Number of pages: 44 Posted: 02 May 2017
Accepted Paper Series
Boston University - School of Law
Downloads 52
89.

Copyright Owners' Putative Interests in Privacy, Reputation, and Control: A Reply to Goold

103 Va. L. Rev. Online, 2017, Forthcoming, Boston Univ. School of Law, Public Law Research Paper No. 17-11
Number of pages: 24 Posted: 26 Apr 2017 Last Revised: 16 May 2017
Accepted Paper Series
Boston University School of Law
Downloads 56
90.

Barack Obama's Emancipation Proclamation: An Essay in Memory of Judge Richard D. Cudahy

DePaul Law School’s Law Review Symposium, and Justice For All: A Symposium in Memory of the Honorable Richard D. Cudahy, April 7, 2017, Boston Univ. School of Law, Public Law Research Paper No. 17-15, DePaul Law Review, Vol. 67, No. 4, 2018
Number of pages: 24 Posted: 25 Apr 2017 Last Revised: 02 Jul 2018
Accepted Paper Series
Boston University School of Law
Downloads 38
91.

The Patently Unexceptional Venue Statute

American University Law Review, Vol. 66, p. 1027, 2017, Boston Univ. School of Law, Public Law Research Paper No. 2017-08
Number of pages: 34 Posted: 12 Feb 2017 Last Revised: 09 May 2017
Accepted Paper Series
Temple University - James E. Beasley School of Law and Catholic University of America (CUA) - Columbus School of Law
Downloads 201
92.

Did Justice Scalia Have a Theory of Interpretation?

Notre Dame Law Review, Forthcoming, Boston Univ. School of Law, Public Law Research Paper No. 17-01
Number of pages: 32 Posted: 10 Jan 2017
Accepted Paper Series
Boston University School of Law
Downloads 158
93.

The Obama War Powers Legacy and the Internal Forces that Entrench Executive Power

110 American Journal of International Law 680 (2016), Boston Univ. School of Law, Public Law Research Paper No. 17-02
Number of pages: 21 Posted: 12 Dec 2016 Last Revised: 24 Mar 2017
Accepted Paper Series
Yeshiva University - Benjamin N. Cardozo School of Law
Downloads 275
94.

Defining Hate Speech

Berkman Klein Center Research Publication No. 2016-20, Boston Univ. School of Law, Public Law Research Paper No. 16-48
Number of pages: 33 Posted: 10 Dec 2016 Last Revised: 10 Jan 2017
Working Paper Series
Boston University School of Law
Downloads 3,995
95.

The Corporation as Courthouse

Yale Journal on Regulation, Vol. 33, No. 547, 2016, Boston Univ. School of Law, Public Law Research Paper No. 16-48
Number of pages: 58 Posted: 20 Nov 2016 Last Revised: 29 Apr 2020
Accepted Paper Series
Boston University - School of Law
Downloads 428
96.

Bullying and Opportunism in Trademark and Right-of-Publicity Law

Boston University Law Review, Vol. 96, No. 3, 2016, Boston Univ. School of Law, Public Law Research Paper No. 16-46
Number of pages: 32 Posted: 02 Nov 2016 Last Revised: 10 Nov 2016
Accepted Paper Series
Boston University - School of Law
Downloads 120
97.

The Role of Design Choice in Intellectual Property and Antitrust Law

15 Colo. Tech. L.J. __ (Forthcoming), Boston Univ. School of Law, Public Law Research Paper No. 16-45
Number of pages: 35 Posted: 02 Nov 2016 Last Revised: 10 Nov 2016
Accepted Paper Series
Boston University - School of Law
Downloads 168
98.

The Paper with the Unpronounceable Title

Forthcoming, Journal of Law and Politics, Boston Univ. School of Law, Public Law Research Paper No. 16-44
Number of pages: 14 Posted: 29 Oct 2016 Last Revised: 10 Nov 2016
Accepted Paper Series
Boston University School of Law
Downloads 70
99.

Legal Scholarship and External Critique in EU Law

Transformation of Reconstitution of Europe: The Critical Legal Studies Perspective on the Role of Courts in the European Union, Siniša Rodin, ed. (Hart Publishing 2017 Forthcoming), American University, WCL Research Paper No. 2016-30, Boston Univ. School of Law, Public Law Research Paper No. 16-43
Number of pages: 21 Posted: 03 Oct 2016 Last Revised: 24 Jan 2018
Accepted Paper Series
Boston University School of Law and American University - Washington College of Law
Downloads 102
100.

A New Social Contract for Governing Industrial Risk in the Community

56 Jurimetrics J. 223-243 (2016), Boston Univ. School of Law, Public Law Research Paper No. 16-37
Number of pages: 22 Posted: 16 Sep 2016 Last Revised: 19 Sep 2016
Accepted Paper Series
Boston University - School of LawBoston University School of Law
Downloads 31