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University of Pittsburgh School of Law Legal Studies Research Paper Series

University of Pittsburgh School of Law     
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Viewing: 151 - 200 of 820 papers

151.

The Living Constitution and the Second Amendment: Poor History, False Originalism, and a Very Confused Court

Cardozo Law Review, Vol. 37, p. 623, 2015, U. of Pittsburgh Legal Studies Research Paper Series
Number of pages: 40 Posted: 05 Apr 2017
Accepted Paper Series
Gratz College
Downloads 244
152.

Statement on 'Bringing Justice Closer to the People: Examining Ideas for Restructuring the Ninth Circuit'

Hearing Before the House Committee on the Judiciary -- Subcommittee on Courts, Intellectual Property, and the Internet, March 16, 2017, U. of Pittsburgh Legal Studies Research Paper No. 2017-03
Number of pages: 23 Posted: 28 Mar 2017
Accepted Paper Series
University of Pittsburgh - School of Law (Emeritus)
Downloads 43
153.

Frederick Douglas's Constitution: From Garrisonian Abolitionist to Lincoln Republican

Missouri Law Review, Vol. 81, p. 1, 2016, U. of Pittsburgh Legal Studies Research Paper No. 2017-02
Number of pages: 76 Posted: 28 Mar 2017
Accepted Paper Series
Gratz College
Downloads 142
154.

The Appeasement of 1850

Ch. 12 in CONGRESS AND THE CRISIS OF THE 1850s, (Paul Finkelman and Donald R. Kenon, eds., Ohio University Press 2012), U. of Pittsburgh Legal Studies Research Paper Series
Number of pages: 46 Posted: 06 Mar 2017
Accepted Paper Series
Gratz College
Downloads 123
155.

Trust Me, I'm a Pragmatist: A Partially Pragmatic Critique of Pragmatic Activism

Columbia Journal of Environmental Law Vol. 42, No. 2, 2017, U. of Pittsburgh Legal Studies Research Paper No. 2018-12
Number of pages: 72 Posted: 02 Mar 2017 Last Revised: 22 May 2018
Accepted Paper Series
University of Pittsburgh - School of Law
Downloads 164
156.

The African Justice Cascade and the Malabo Protocol

International Law Journal of Transitional Law, Vol. 11, March 2017, U. of Pittsburgh Legal Studies Research Paper No. 2017-01
Number of pages: 36 Posted: 20 Jan 2017 Last Revised: 08 Feb 2017
Accepted Paper Series
University of Maryland Francis King Carey School of Law
Downloads 279
157.

Authority and Authors and Codes

George Washington Law Review, Vol. 84, p. 1616, 2016, U. of Pittsburgh Legal Studies Research Paper No. 2016-37
Number of pages: 29 Posted: 14 Dec 2016
Accepted Paper Series
University of Pittsburgh - School of Law
Downloads 27
158.

The Shifting Sands of Employment Discrimination: From Unjustified Impact to Disparate Treatment in Pregnancy and Pay

Georgetown Law Journal, Vol. 105, p. 559 (2017), U. of Pittsburgh Legal Studies Research Paper No. 2016-36
Number of pages: 61 Posted: 14 Dec 2016 Last Revised: 05 Dec 2019
Accepted Paper Series
University of Pittsburgh - School of Law
Downloads 127
159.

Rick's Taxonomy

Syracuse Law Review, Vol. 66, p. 649, 2016, U. of Pittsburgh Legal Studies Research Paper No. 32
Number of pages: 9 Posted: 05 Dec 2016
Accepted Paper Series
University of Pittsburgh - School of Law
Downloads 53
160.

Riley v. California and the Beginning of the End for the Third-Party Search Doctrine

University of Pennsylvania Journal of Constitutional Law, Vol. 18, p. 895, 2016, U. of Pittsburgh Legal Studies Research Paper No. 2016-33
Number of pages: 39 Posted: 02 Dec 2016 Last Revised: 02 Dec 2016
Accepted Paper Series
University of Pittsburgh - School of Law
Downloads 94
161.

Information Abundance and Knowledge Commons

A chapter in User Generated Law: Re-Constructing Intellectual Property in a Knowledge Society, edited by Thomas Riis (Edward Elgar, 2016), U. of Pittsburgh Legal Studies Research Paper No. 2016-35
Number of pages: 20 Posted: 11 Nov 2016 Last Revised: 15 Nov 2016
Accepted Paper Series
University of Pittsburgh - School of Law
Downloads 74
162.

Toward a Critical Race Theory of Evidence

Minnesota Law Review, Vol. 101, p. 2243, 2017, U. of Pittsburgh Legal Studies Research Paper No. 2016-29
Number of pages: 70 Posted: 09 Oct 2016 Last Revised: 30 Jun 2017
Accepted Paper Series
Boston University School of Law
Downloads 402
163.

Reflections on Seminole Rock: The Past, Present, and Future of Deference to Agency Regulatory Interpretations

Yale Journal of Regulation, Notice & Comment Blog, Washington University in St. Louis Legal Studies Research Paper No. 2847668, Minnesota Legal Studies Research Paper No. 16-41, Virginia Public Law and Legal Theory Research Paper No. 2017-38
Number of pages: 77 Posted: 07 Oct 2016 Last Revised: 10 Aug 2017
Accepted Paper Series
Brigham Young University - J. Reuben Clark Law School, University of Washington - School of Law, University of Pittsburgh - School of Law, University of Virginia School of Law, George Washington University Law School, Independent, Cato Institute, Ohio State University (OSU) - Michael E. Moritz College of Law, Vanderbilt University - Law School, University of Iowa - College of Law, Florida State University - College of Law, University of North Carolina School of Law, Case Western Reserve University School of Law, New York University School of Law, Munger, Tolles & Olson, LLP, Harvard Law School, Harvard Law School, Washington University in St. Louis - School of Law, University of Dayton School of Law, Chapman University, The Dale E. Fowler School of Law, Utah Supreme Court, Columbia University - Law School, Lewis & Clark Law School, University of Minnesota - Twin Cities - School of Law, Notre Dame Law School, American Enterprise Institute and Yale University, Law School
Downloads 1,120
164.

Knowledge Commons (2016)

Research Handbook on the Economics of Intellectual Property Law (Vol. II – Analytical Methods), Peter Menell & David Schwartz, eds. (Edward Elgar Publishing, 2016), U. of Pittsburgh Legal Studies Research Paper No. 2016-28
Number of pages: 28 Posted: 23 Sep 2016 Last Revised: 14 Jan 2019
Accepted Paper Series
University of Pittsburgh - School of Law, New York University School of Law and Villanova University - School of Law
Downloads 225
165.

The Trouble with 'Bureaucracy'

7 California Law Review Online 66 (2016), U. of Pittsburgh Legal Studies Research Paper No. 2016-27
Number of pages: 14 Posted: 22 Sep 2016
Accepted Paper Series
University of Pittsburgh - School of Law
Downloads 79
166.

Meditation for Law Students: Mindfulness Practice as Experiential Learning

Law and Psychology Review, Vol. 41, p. 157, 2017, U. of Pittsburgh Legal Studies Research Paper No. 2016-26
Number of pages: 13 Posted: 13 Sep 2016 Last Revised: 01 Jun 2017
Accepted Paper Series
University of Pittsburgh - School of Law
Downloads 346
167.

Redefining Cybersecurity Policy

U. of Pittsburgh Legal Studies Research Paper No. 2016-30
Number of pages: 18 Posted: 08 Sep 2016 Last Revised: 19 Oct 2016
Working Paper Series
University of Pittsburgh - School of Law
Downloads 121
168.

Understanding Access to Things: A Knowledge Commons Perspective

A chapter in: Intellectual Property and Access to Im/material Goods, edited by Jessica C. Lai & Antoinette Maget Dominicé (Edward Elgar, 2016) , U. of Pittsburgh Legal Studies Research Paper No. 2016-25
Number of pages: 28 Posted: 04 Sep 2016
Accepted Paper Series
University of Pittsburgh - School of Law
Downloads 73
169.

Harmonizing Multinational Parent Company Liability for Foreign Subsidiary Human Rights Violations

Chicago Journal of International Law, Forthcoming, U. of Pittsburgh Legal Studies Research Paper No. 2016-24
Number of pages: 63 Posted: 04 Sep 2016
Accepted Paper Series
University of Pittsburgh - School of Law
Downloads 152
170.

Transitional Justice and Development Aid to Fragile and Conflict-Affected States: Risks and Reforms

Chapter 12 in Justice Mosaics: How Context Shapes Transitional Justice in Fractured Societies (Roger Duthie and Paul Seils, eds., New York: ICTJ, 2017) , U. of Pittsburgh Legal Studies Research Paper No. 2016-22
Number of pages: 34 Posted: 18 Aug 2016 Last Revised: 07 Jun 2017
Accepted Paper Series
University of Pittsburgh - School of Law
Downloads 95
171.

Neutralizing the Stratagem of 'Snap Removal': A Proposed Amendment to the Judicial Code

Federal Courts Law Review, Vol. 9, Issue 3, p. 103, Summer 2016, U. of Pittsburgh Legal Studies Research Paper No. 2016-23, Duke Law School Public Law & Legal Theory Series No. 2016-47, Loyola Law School, Los Angeles Legal Studies Research Paper No. 2016-19, U of Houston Law Center No. 2016-A-18
Number of pages: 9 Posted: 12 Aug 2016 Last Revised: 20 Oct 2016
Accepted Paper Series
University of Pittsburgh - School of Law (Emeritus), University of Houston Law Center, Duke University School of Law, Chicago-Kent College of Law - Illinois Institute of Technology and Loyola Law School Los Angeles
Downloads 70
172.

Law and Human Suffering: A Slice of Life in Vichy France

Journal of Law and Literature, Forthcoming, U. of Pittsburgh Legal Studies Research Paper No. 2016-20
Number of pages: 25 Posted: 26 Jul 2016
Working Paper Series
University of Pittsburgh - School of Law
Downloads 576
173.

The 'Fraudulent Joinder Prevention Act of 2016': A New Standard and a New Rationale for an Old Doctrine

The Federalist Society Review, Vol. 17, p. 34 (2016), U. of Pittsburgh Legal Studies Research Paper No. 2016-19
Number of pages: 14 Posted: 26 Jul 2016 Last Revised: 24 Jan 2017
Accepted Paper Series
University of Pittsburgh - School of Law (Emeritus)
Downloads 66
174.

Whren's Flawed Assumptions Regarding Race, History, and Unconscious Bias

Case Western Reserve Law Review, Vol. 66, p. 947, 2016, U. of Pittsburgh Legal Studies Research Paper No. 2016-17
Number of pages: 11 Posted: 09 Jul 2016
Accepted Paper Series
University of Pittsburgh - School of Law
Downloads 73
175.

Book Review: Reconstructing Iraq's Budgetary Institutions: Coalition State Building after Saddam, by James D. Savage

Journal of Comparative Politics Vol. 13, No. 3. pp. 903-05 (2015), U. of Pittsburgh Legal Studies Research Paper No. 2016-18
Number of pages: 4 Posted: 24 Jun 2016 Last Revised: 26 Jul 2016
Accepted Paper Series
University of Pittsburgh - School of Law
Downloads 14
176.

Prison and Jail Grievance Policies: Lessons from a Fifty-State Survey

Michigan Law Prison Information Project, 2015
Number of pages: 36 Posted: 15 Jun 2016
Working Paper Series
University of Michigan Law School, University of Pittsburgh - School of Law, University of Michigan Law School, University of Michigan Law School, University of Michigan Law School and University of Michigan at Ann Arbor
Downloads 48
177.

Class as Caste: The Thirteenth Amendment’s Applicability to Class-Based Subordination

Seattle University Law Review, Vol. 39, p. 813, 2016, U. of Pittsburgh Legal Studies Research Paper No. 2016-18
Number of pages: 16 Posted: 25 May 2016
Accepted Paper Series
University of Pittsburgh - School of Law
Downloads 31
178.

Raisins and Resilience: Elaborating Home's Compensation Analysis with an Eye to Coastal Climate Change Adaptation

Stanford Environmental Law Journal, Vol. 35, No. 3, 2016
Number of pages: 52 Posted: 21 May 2016 Last Revised: 24 May 2016
Accepted Paper Series
University of Pittsburgh - School of Law
Downloads 35
179.

Foreword SNX 2014: Challenges to Justice Education: South-North Perspectives

Charleston Law Review, Vol. 9, p. 213, 2015, U. of Pittsburgh Legal Studies Research Paper No. 2016-12
Number of pages: 14 Posted: 09 May 2016
Accepted Paper Series
University of Pittsburgh School of Law
Downloads 12
180.

Surviving Poverty in a Post-Welfare Reform America

American Bar Association Section on Taxation Tax Times Online Quarterly, Vol. 35, No. 2, Feb. 2016, U. of Pittsburgh Legal Studies Research Paper No. 2016-16, Albany Law School Research Paper No. 14 for 2015-2016
Number of pages: 9 Posted: 22 Apr 2016 Last Revised: 10 May 2016
Accepted Paper Series
Albany Law School
Downloads 69
181.

Lessons from the Gender Equality Movement: Using Title IX to Foster Inclusive Masculinities in Men's Sport

Law and Inequality: A Journal of Theory and Practice, 2016, Forthcoming, U. of Pittsburgh Legal Studies Research Paper No. 2016-13
Number of pages: 39 Posted: 19 Apr 2016
Accepted Paper Series
University of Pittsburgh - School of Law
Downloads 80
182.

Opting In to the CISG: Avoiding the Redline Products Problems

Ch. 5 in A TRIBUTE TO JOSEPH M. LOOKOFSKY (Mads Bryde Andersen & René Franz Henschel, eds., Djøf Publishing, Copenhagen 2015), U. of Pittsburgh Legal Studies Research Paper No. 2016-15
Number of pages: 35 Posted: 17 Apr 2016 Last Revised: 19 Apr 2016
Accepted Paper Series
University of Pittsburgh, School of Law (Emeritus) and University of Pittsburgh - School of Law
Downloads 316
183.

Black Health Matters: Disparities, Community Health, and Interest Convergence

Michigan Journal of Race & Law, Vol. 22, Forthcoming, U. of Pittsburgh Legal Studies Research Paper No. 2016-14
Number of pages: 62 Posted: 16 Apr 2016 Last Revised: 19 Apr 2016
Accepted Paper Series
University of Pittsburgh - School of Law
Downloads 69
184.

Defining and Closing the Hydraulic Fracturing Governance Gap

95 Den. L. Rev. 191 (2017)
Number of pages: 73 Posted: 08 Apr 2016 Last Revised: 14 Dec 2017
Accepted Paper Series
Yale University, Law School, Students, Yale University, School of Forestry and Environmental Studies, Students and University of Pittsburgh - School of Law
Downloads 122
185.

A Warning to States — Accepting this Invitation May Be Hazardous to Your Health (Safety, and Public Welfare): An Analysis of Post-Kelo Legislative Activity

31 VT. L. REV 663 (2007).
Number of pages: 44 Posted: 28 Mar 2016
Accepted Paper Series
University of Pittsburgh - School of Law
Downloads 17
186.

Does the Compensation Clause Burden the Government or Benefit the Owner? The Compensation Clause as Process

Number of pages: 27 Posted: 28 Mar 2016
Working Paper Series
University of Pittsburgh - School of Law
Downloads 19
187.

Resilience and Raisins: Partial Takings and Coastal Climate Change Adaptation

Environmental Law Reporter, Vol. 46, No. 110123, 2016
Number of pages: 8 Posted: 28 Mar 2016
Accepted Paper Series
University of Pittsburgh - School of Law and Pace University School of Law; Yale University, School of Forestry and Environmental Studies
Downloads 48
188.

Lawyers at Work: A Study of the Reading, Writing, and Communication Practices of Legal Professionals

Legal Writing Journal, Vol. 21, Forthcoming, U. of Pittsburgh Legal Studies Research Paper No. 2016-11
Number of pages: 75 Posted: 17 Mar 2016
Accepted Paper Series
University of Pittsburgh - School of Law and Independent
Downloads 1,037
189.

The Dangers of Racialized Perceptions and Thinking by Law Enforcement

In DEADLY INJUSTICE: TRAYVON MARTIN, RACE, AND THE CRIMINAL JUSTICE SYSTEM, Devon Johnson, Patricia Y. Warren, and Amy Farrell, eds., New York University Press, 2015, U. of Pittsburgh Legal Studies Research Paper No. 2016-10
Number of pages: 20 Posted: 15 Mar 2016
Accepted Paper Series
University of Pittsburgh - School of Law
Downloads 90
190.

Private Long-Term Care Insurance: Not the Solution to the High Cost of Long-Term Care for the Elderly

Elder Law Journal, Vol. 23, p. 371, 2016, U. of Pittsburgh Legal Studies Research Paper No. 2016-09
Number of pages: 47 Posted: 11 Mar 2016
Accepted Paper Series
University of Pittsburgh - School of Law (Emeritus)
Downloads 136
191.

Trust Protectors: Why They Have Become 'The Next Big Thing'

Real Property, Probate and Trust Law Journal, Vol. 50, p. 267, 2015, U. of Pittsburgh Legal Studies Research Paper No. 2016-08
Number of pages: 43 Posted: 11 Mar 2016
Accepted Paper Series
University of Pittsburgh - School of Law (Emeritus)
Downloads 488
192.

U.S. Discovery and Foreign Blocking Statutes

Louisiana Law Review, Forthcoming, U. of Pittsburgh Legal Studies Research Paper No. 2016-05
Number of pages: 11 Posted: 16 Feb 2016
Accepted Paper Series
University of Pittsburgh - School of Law
Downloads 251
193.

Charitable Organization Oversight: Rules v. Standards

13 Pitt. Tax Rev. 83
Number of pages: 68 Posted: 09 Jan 2016 Last Revised: 15 Feb 2016
Accepted Paper Series
University of Pittsburgh - School of Law
Downloads 94
194.

Towards a New Eviction Jurisprudence

Georgetown Journal on Poverty Law Policy, Vol. 23, No. 1, 2015, U. of Pittsburgh Legal Studies Research Paper No. 2016-34
Number of pages: 59 Posted: 01 Jan 2016 Last Revised: 13 Nov 2016
Accepted Paper Series
University of Pittsburgh - School of Law
Downloads 189
195.

The Abolition of Slavery in the United States: Historical Context and Its Contemporary Application

In The Legal Understanding of Slavery: From the Historical to the Contemporary (Jean Allain, ed., Oxford Univ. Press, 2012), U. of Pittsburgh Legal Studies Research Paper No. 2015-42
Number of pages: 21 Posted: 23 Dec 2015
Accepted Paper Series
University of Pittsburgh - School of Law
Downloads 213
196.

What Internationals Know: Improving the Effectiveness of Post-Conflict Justice Initiatives

Washington University Global Studies Law Review, Vol. 14, p. 243, 2015, U. of Pittsburgh Legal Studies Research Paper No. 41
Number of pages: 74 Posted: 19 Dec 2015
Accepted Paper Series
University of Pittsburgh - School of Law
Downloads 96
197.

Declining Controversial Cases: How Marriage Equality Changed the Paradigm

New York University Journal of Legislation and Public Policy QUORUM, November 2015, U. of Pittsburgh Legal Studies Research Paper No. 2015-40
Number of pages: 32 Posted: 19 Dec 2015
Accepted Paper Series
University of Pittsburgh - School of Law
Downloads 38
198.

Comments on Proposed Treasury Regulations Defining Terms Relating to Marital Status

Number of pages: 13 Posted: 12 Dec 2015 Last Revised: 20 Dec 2015
Working Paper Series
University of Pittsburgh - School of Law and American Bar Association - Section of Taxation
Downloads 62
199.

The Thirteenth Amendment and Constitutional Change

New York University Review of Law & Social Change, Vol. 38, p. 583 (2014), U. of Pittsburgh Legal Studies Research Paper No. 2015-36
Number of pages: 12 Posted: 16 Nov 2015
Accepted Paper Series
University of Pittsburgh - School of Law
Downloads 86
200.

The Ironies of Shi'i Law

This paper is due to be presented at the "Regulating Religion" Conference sponsored by the Centre for Asian Studies at the National University in Singapore in December, 2015, U. of Pittsburgh Legal Studies Research Paper No. 2015-38
Number of pages: 14 Posted: 15 Nov 2015 Last Revised: 16 Nov 2015
Working Paper Series
University of Pittsburgh - School of Law
Downloads 66