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Boston University Public Law & Legal Theory Research Paper Series

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Viewing: 101 - 150 of 575 papers

101.

Co-Belligerency

42 Yale J. Int'l Law 67 (2017), Boston Univ. School of Law, Public Law Research Paper No. 16-37
Number of pages: 54 Posted: 12 Sep 2016 Last Revised: 10 May 2017
Accepted Paper Series
Yeshiva University - Benjamin N. Cardozo School of Law
Downloads 427
102.

Regulating Patent Assertions

Patent Assertion Entities and Competition Policy, Cambridge University Press, D. Daniel Sokol (ed.), 2017, Boston Univ. School of Law, Public Law Research Paper No. 16-36
Number of pages: 31 Posted: 06 Sep 2016 Last Revised: 18 Feb 2017
Accepted Paper Series
Temple University - James E. Beasley School of Law
Downloads 80
103.

Friedrichs and the Move Toward Private Ordering of Wages and Benefits in the Public Sector

Boston Univ. School of Law, Public Law Research Paper No. 16-34, Boston Univ. School of Law, Law and Economics Research Paper
Number of pages: 20 Posted: 29 Aug 2016
Working Paper Series
Boston University School of Law
Downloads 45
104.

Recoupment of Pension Overpayments: Equitable Liens and Meaningful Reform after Montanile

Boston Univ. School of Law, Public Law Research Paper No. 16-33
Number of pages: 26 Posted: 29 Aug 2016
Accepted Paper Series
Boston University School of Law and University of Massachusetts Boston
Downloads 92
105.

The Deserving Poor, the Undeserving Poor, and Class-Based Affirmative Action

Emory Law Journal, Vol. 66:1049, 2016, Boston Univ. School of Law, Public Law Research Paper No. 16-30
Number of pages: 67 Posted: 17 Aug 2016 Last Revised: 16 Jun 2017
Accepted Paper Series
Boston University - School of Law
Downloads 498
106.

By Any Other Name: Rational Basis Inquiry and the Federal Government's Fiduciary Duty of Care

Boston Univ. School of Law, Public Law Research Paper No. 16-29
Number of pages: 31 Posted: 15 Aug 2016
Working Paper Series
Boston University School of Law and Interdisciplinary Center (IDC) Herzliyah - Radzyner School of Law
Downloads 123
107.

Reconsidering Constitutional Protection for Health Information Privacy

18(3) University of Pennsylvania Journal of Constitutional Law 975 (2016), Boston Univ. School of Law, Public Law Research Paper No. 15-56
Number of pages: 80 Posted: 20 Jun 2016 Last Revised: 27 Jul 2016
Working Paper Series
Boston University School of Law
Downloads 47
108.

(Public) Health and Human Rights in Practice

41(1) Journal of Health Politics, Policy and Law 129 (2016), Boston Univ. School of Law, Public Law Research Paper No. 16-26
Posted: 20 Jun 2016 Last Revised: 31 Aug 2016
Working Paper Series
Boston University School of Law and Boston University School of Public Health
109.

Delinking Investment in Antibiotic Research and Development from Sales Revenues: The Challenges of Transforming a Promising Idea into Reality

Boston Univ. School of Law, Public Law Research Paper No. 16-25
Number of pages: 7 Posted: 15 Jun 2016 Last Revised: 12 Jul 2016
Working Paper Series
Boston University School of Law, Norwegian Institute of Public Health, Centre on Global Health Security - Chatham House, Johns Hopkins Bloomberg School of Public Health, McGill University and Norwegian Knowledge Center for the Health Services
Downloads 34
110.

The Future of Empirical Legal Scholarship: Where Might We Go From Here?

Boston Univ. School of Law, Public Law Research Paper No. 16-22, Journal of Legal Education, Volume 66, Number 1 (Autumn 2016)
Number of pages: 23 Posted: 15 Jun 2016 Last Revised: 01 Nov 2016
Accepted Paper Series
Boston University - School of Law
Downloads 224
111.

About Microaggressions

Law Library Journal, Vol. 108:2 [2016-15], Boston Univ. School of Law, Public Law Research Paper No. 16-19
Number of pages: 10 Posted: 23 May 2016
Accepted Paper Series
Boston University School of Law
Downloads 386
112.

Sufficiently Safeguarded?: Competency Evaluations of Mentally Ill Respondents in Removal Proceedings

67 Hastings Law Journal 1023, May 2016, Boston Univ. School of Law, Public Law Research Paper No. 16-17
Number of pages: 45 Posted: 09 May 2016 Last Revised: 14 May 2016
Accepted Paper Series
Boston University School of Law Immigrants' Rights Clinic
Downloads 87
113.

International Cooperation to Improve Access to and Sustain Effectiveness of Antimicrobials

The Lancet, Volume 387, No. 10015, pp. 296-307, 2016, Boston Univ. School of Law, Public Law Research Paper No. 16-16, Ottawa Faculty of Law Working Paper No. 2016-22
Number of pages: 13 Posted: 04 May 2016 Last Revised: 10 Jun 2016
Accepted Paper Series
University of Oslo, Boston University School of Law, York University, Apollo Hospital, St. George's Hospital Medical School, Royal Free Hospital, London School of Hygiene and Tropical Medicine, ReAct - Action on Antibiotic Resistance, University of Pennsylvania - Department of Medicine, Division of Infectious Diseases, University of Geneva Hospitals and Faculty of Medicine - Infection Control Programme, Georgetown University Law Center, McGill University, Yale University, Law School, Students, Independent, Chatham House - Centre on Global Health Security, World Health Organization - Communicable Diseases, McGill University, Imperial College London, The Center for Disease Dynamics, Economics & Policy (CDDEP), University of Cape Town (UCT) - Division of Infectious Diseases & HIV Medicine and Norwegian Knowledge Center for the Health Services
Downloads 47
114.

Funding Antibiotic Innovation with Vouchers: Recommendations on How to Strengthen a Flawed Incentive Policy

Health Affairs, Vol. 35, No. 5, 2016, Boston Univ. School of Law, Public Law Research Paper No. 16-15
Number of pages: 8 Posted: 04 May 2016
Accepted Paper Series
Boston University School of Law and University of South Australia
Downloads 36
115.

Disaggregating the Human Rights Treaty Regime

Virginia Journal of International Law, Vol. 56, No. 2, 2016, Boston Univ. School of Law, Public Law Research Paper No. 16-23, Virginia Public Law and Legal Theory Research Paper No. 2016-39
Number of pages: 22 Posted: 24 Apr 2016 Last Revised: 13 Feb 2017
Accepted Paper Series
University of Virginia School of Law and University of Minnesota - Twin Cities - Department of Political Science
Downloads 129
116.

International Law Constraints as Executive Power

Harvard International Law Journal, Vol. 57, No. 1, 2016, Boston Univ. School of Law, Public Law Research Paper No. 16-20
Number of pages: 62 Posted: 11 Apr 2016 Last Revised: 25 May 2016
Accepted Paper Series
Yeshiva University - Benjamin N. Cardozo School of Law
Downloads 299
117.

Class-Based Affirmative Action, or the Lies That We Tell About the Insignificance of Race

Boston University Law Review, Vol. 96, No. 1, 2016, Boston Univ. School of Law, Public Law Research Paper No. 16-10
Number of pages: 55 Posted: 03 Apr 2016
Accepted Paper Series
Boston University - School of Law
Downloads 88
118.

The Right to Silence v. The Fifth Amendment

University of Chicago Legal Forum, 2016 Forthcoming, Boston Univ. School of Law, Public Law Research Paper No. 16-09
Number of pages: 33 Posted: 30 Mar 2016
Accepted Paper Series
Boston University - School of Law
Downloads 183
119.

Antibiotic Reimbursement in a Model Delinked from Sales: A Benchmark-Based Worldwide Approach

Lancet Infect Dis 2016; 16: 500-505, Boston Univ. School of Law, Public Law Research Paper No. 16-14
Number of pages: 6 Posted: 27 Mar 2016 Last Revised: 04 May 2016
Accepted Paper Series
Independent and Boston University School of Law
Downloads 38
121.

Anthony Amsterdam's Perspectives on the Fourth Amendment, and What It Teaches About the Good and Bad in Rodriguez v. United States

Minnesota Law Review, Vol. 100, Forthcoming, Boston Univ. School of Law, Public Law Research Paper No. 16-07
Number of pages: 35 Posted: 27 Jan 2016
Accepted Paper Series
Boston University - School of Law
Downloads 132
122.

Soft Skills - The Importance of Cultivating Emotional Intelligence

AALL Spectrum, January/February 2016, Boston Univ. School of Law, Public Law Research Paper No. 16-06
Posted: 22 Jan 2016
Accepted Paper Series
Boston University School of Law
123.

The Women of the Wall - A Metaphor for National and Religious Identity

Israel Studies Review, Volume 30, Issue 2, Winter 2015: 50-70, Boston Univ. School of Law, Public Law Research Paper No. 16-05
Number of pages: 22 Posted: 21 Jan 2016
Accepted Paper Series
Boston University - School of Law
Downloads 71
124.

Michael Brown, Eric Garner, and Law Librarianship

Law Library Journal, Vol. 107:3 [2015-22], Boston Univ. School of Law, Public Law Research Paper No. 16-04
Number of pages: 10 Posted: 16 Jan 2016
Accepted Paper Series
Boston University School of Law
Downloads 358
125.

The Sad, Quiet Death of Missouri v. Holland: How Bond Hobbled the Treaty Power

Yale Journal of International Law, Vol. 41, No. 2, Page 51, 2015, Boston Univ. School of Law, Public Law Research Paper No. 16-02
Number of pages: 53 Posted: 16 Jan 2016 Last Revised: 24 Feb 2016
Accepted Paper Series
Tufts University - The Fletcher School of Law and Diplomacy and Boston University - School of Law
Downloads 129
126.

Do Self-Reporting Regimes Matter? Evidence from the Convention Against Torture

Boston Univ. School of Law, Public Law Research Paper No. 15-55
Number of pages: 34 Posted: 02 Dec 2015 Last Revised: 16 Feb 2016
Working Paper Series
University of Minnesota - Twin Cities - Department of Political Science and University of Pennsylvania

Multiple version iconThere are 2 versions of this paper

Downloads 145
127.

The Suez Crisis of 1956 and Its Aftermath: A Comparative Study of Constitutions, Use of Force, Diplomacy and International Relations

Boston University Law Review, Vol. 95, No. 4, 2015, Boston Univ. School of Law, Public Law Research Paper No. 15-50
Number of pages: 59 Posted: 22 Nov 2015
Accepted Paper Series
Boston University - School of Law
Downloads 212
128.

Fairness at a Time of Perplexity: The Civil Law Principle of Fairness in the Court of Justice of the European Union

General Principles of Law: European and Comparative Perspectives, Celebrating 20 Years of the Institute of European and Comparative Law (2016), Forthcoming, S. Vogenauer and S. Weatherill eds, General Principles of Law: European and Comparative Perspectives, Oxford, Hart Publishing 2016., Boston Univ. School of Law, Public Law Research Paper
Number of pages: 26 Posted: 19 Nov 2015 Last Revised: 13 Oct 2016
Accepted Paper Series
Boston University School of Law
Downloads 90
129.

Why is There No Clear Doctrine of Informed Consent for Lawyers?

Boston Univ. School of Law, Public Law Research Paper No. 15-48, University of Toledo Law Review, Vol. 47, No. 1, Fall 2015
Number of pages: 27 Posted: 10 Nov 2015 Last Revised: 12 Feb 2016
Accepted Paper Series
Boston University School of Law
Downloads 86
130.

Reflections of an Empirical Reader (Or: Could Fleming Be Right This Time?)

Boston Univ. School of Law, Public Law Research Paper No. 15-46
Number of pages: 31 Posted: 06 Nov 2015
Working Paper Series
Boston University School of Law
Downloads 139
131.

Government Analysis of Shed DNA is a Search Under the Fourth Amendment

Texas Tech Law Review, 2015 Criminal Law Symposium: The 4th Amendment in the 21st Century, Vol. 48, Forthcoming, Boston Univ. School of Law, Public Law Research Paper No. 15-47
Number of pages: 27 Posted: 04 Nov 2015 Last Revised: 19 Nov 2015
Accepted Paper Series
Boston University - School of Law
Downloads 90
132.

Comment on Amendment-Metrics: The Good, the Bad and the Frequently Amended Constitution

Boston Univ. School of Law, Public Law Research Paper No. 15-44
Number of pages: 19 Posted: 01 Nov 2015
Accepted Paper Series
Boston University - School of Law
Downloads 82
133.

Focusing the Multifactor Test for Employee Status: The Restatement's Entrepreneurial Formulation

Boston Univ. School of Law, Public Law Research Paper No. 15-51
Number of pages: 16 Posted: 31 Oct 2015 Last Revised: 21 Nov 2015
Working Paper Series
Boston University - School of Law
Downloads 187
134.

Distinguishing Disparate Treatment from Disparate Impact; Confusion on the Court

Boston University Law Review, Vol. 96, 2016, Forthcoming, Boston Univ. School of Law, Public Law Research Paper No. 15-52
Number of pages: 26 Posted: 31 Oct 2015 Last Revised: 21 Nov 2015
Accepted Paper Series
Boston University - School of Law
Downloads 137
135.

Reparations for Slavery and Jim Crow, Its Assumptions and Implications

Oxford Handbook of Philosophy and Race, 2016-17 Forthcoming, Boston Univ. School of Law, Public Law Research Paper No. 15-43
Number of pages: 22 Posted: 23 Oct 2015
Accepted Paper Series
Boston University
Downloads 202
136.

Equality of Arms in Arbitration: Cost and Benefits

Mélanges en l'honneur de Pierre Mayer, LGDJ, 2015, Boston Univ. School of Law, Public Law Research Paper No. 15-41
Number of pages: 32 Posted: 18 Oct 2015
Accepted Paper Series
Boston University - School of Law
Downloads 303
137.

Challenging Arbitral Jurisdiction: The Role of Institutional Rules

Festschrift in Honor of Laurie Craig, 2015, Boston Univ. School of Law, Public Law Research Paper No. 15-40
Number of pages: 43 Posted: 18 Oct 2015
Accepted Paper Series
Boston University - School of Law
Downloads 188
138.

Arbitrator Bias

Transnational Dispute Management (TDM), January 2015, Boston Univ. School of Law, Public Law Research Paper No. 15-39
Number of pages: 84 Posted: 18 Oct 2015
Accepted Paper Series
Boston University - School of Law
Downloads 266
139.

Explaining Arbitration Law

Defining Issues in International Arbitration: Celebrating 100 Years of the Chartered Institute of Arbitrators, Chartered Institute of Arbitrators: Centennial Liber Amicorum, 2015, Forthcoming, Boston Univ. School of Law, Public Law Research Paper No. 15-42
Number of pages: 17 Posted: 18 Oct 2015
Accepted Paper Series
Boston University - School of Law

Multiple version iconThere are 2 versions of this paper

Downloads 174
140.

Review of David Bilchitz, 'Poverty and Fundamental Rights' (2007)

118 Philosophical Review 253-55 (2009)
Number of pages: 4 Posted: 13 Oct 2015
Accepted Paper Series
affiliation not provided to SSRN
Downloads 52
141.

Niklas Luhmann's Theory of Autopoietic Legal Systems

Annual Review of Law and Social Science 9:175-84 (2013), Boston Univ. School of Law, Public Law Research Paper
Number of pages: 20 Posted: 08 Oct 2015
Accepted Paper Series
affiliation not provided to SSRN

Multiple version iconThere are 2 versions of this paper

Downloads 373
142.

Habermas's Discourse Theory of Law and Democracy

Buffalo Law Review Vol. 50, p. 205, 2002, Boston Univ. School of Law, Public Law Research Paper
Number of pages: 136 Posted: 08 Oct 2015
Accepted Paper Series
affiliation not provided to SSRN
Downloads 375
143.

Managing Legal Change: The Transformation of Establishment Clause Law

UCLA Law Review, Vol. 46, p. 343, 1998, Boston Univ. School of Law, Public Law Research Paper
Number of pages: 119 Posted: 08 Oct 2015
Accepted Paper Series
affiliation not provided to SSRN
Downloads 16
144.

System and Life-World in Habermas's 'Theory of Communicative Action'

Theory and Society 16:39-86 (1987), Boston Univ. School of Law, Public Law Research Paper
Number of pages: 49 Posted: 08 Oct 2015
Accepted Paper Series
affiliation not provided to SSRN
Downloads 316
145.

System and Lifeworld in Habermas's Theory of Law

Cardozo Law Review, Vol. 23, p. 473, 2002, Boston Univ. School of Law, Public Law Research Paper
Number of pages: 145 Posted: 08 Oct 2015
Accepted Paper Series
affiliation not provided to SSRN
Downloads 202
146.

Critical Reflections on Seidman's 'On Constitutional Disobedience'

Boston University Law Review, Vol. 93:1373-80 (2013), Boston Univ. School of Law, Public Law Research Paper
Number of pages: 8 Posted: 08 Oct 2015
Accepted Paper Series
affiliation not provided to SSRN
Downloads 25
147.

A Comment on Mark Tushnet's 'Some Notes on Congressional Capacity to Interpret the Constitution'

Boston University Law Review, Vol. 89, p. 511, 2009, Boston Univ. School of Law, Public Law Research Paper
Number of pages: 5 Posted: 08 Oct 2015
Accepted Paper Series
affiliation not provided to SSRN
Downloads 12
148.

Autopoiesis and the 'Relative Autonomy' of Law

Cardozo Law Review, Vol. 90:1987-2090 (1998), Boston Univ. School of Law, Public Law Research Paper
Number of pages: 105 Posted: 08 Oct 2015
Accepted Paper Series
affiliation not provided to SSRN
Downloads 119
149.

Dworkin's 'One-System' Conception of Law and Morality

Boston University Law Review, Vol. 90:857-62 (2010), Boston Univ. School of Law, Public Law Research Paper
Number of pages: 7 Posted: 08 Oct 2015
Accepted Paper Series
affiliation not provided to SSRN
Downloads 91
150.

Justice Ginsburg's Dissent in Bush v. Gore

New England Law Review, Vol. 43, p. 711, 2009, Boston Univ. School of Law, Public Law Research Paper
Number of pages: 15 Posted: 08 Oct 2015
Accepted Paper Series
affiliation not provided to SSRN
Downloads 214