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University of Wisconsin Law School Legal Studies Research Paper Series

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1.

Nonprofit Legal Reform in India: The Legal Treatment of For-Profit Entities and Other Approaches to the Reform Question

Mark Sidel, Non Profit Legal Reform in India: The Legal Treatment of For-Profit Entities and Other Approaches to the Reform Question (2019). , Univ. of Wisconsin Legal Studies Research Paper No. 1477 (2019)
Number of pages: 24 Posted: 06 Jun 2019
Accepted Paper Series
University of Wisconsin Law School
Downloads 4
2.

The Haves of Procedure

William & Mary Law Review, Vol. 60, 2019, Univ. of Wisconsin Legal Studies Research Paper No. 1476
Number of pages: 63 Posted: 22 May 2019 Last Revised: 02 Jun 2019
Accepted Paper Series
University of Wisconsin Law School
Downloads 58
3.

What is Relative Plausibility?

The International Journal of Evidence & Proof, Vol. 23, Nos. 1-2 (2019): 198-204, Univ. of Wisconsin Legal Studies Research Paper No. 1475
Number of pages: 9 Posted: 06 May 2019
Accepted Paper Series
University of Wisconsin Law School and University of Wisconsin
Downloads 17
4.

Under the Hood: Brendan Dassey, Language Impairments, and Judicial Ignorance

82 Alb.L.Rev. ____ (2019) (in annual Miscarriages of Justice issue, Forthcoming), Univ. of Wisconsin Legal Studies Research Paper No. 1473
Number of pages: 76 Posted: 03 May 2019 Last Revised: 10 May 2019
Working Paper Series
University of Wisconsin Law School and affiliation not provided to SSRN
Downloads 559
5.

The Problem of Change: Rethinking Critiques of 'New Originalism'

Drake Law Review Discourse, March 2019
Number of pages: 18 Posted: 01 May 2019
Accepted Paper Series
University of Wisconsin - Madison, Law School, Students
Downloads 46
6.

Defying McCulloch? Jackson's Bank Veto Reconsidered

71 Arkansas Law Review (Forthcoming), Univ. of Wisconsin Legal Studies Research Paper No. 1472
Number of pages: 28 Posted: 26 Apr 2019
Accepted Paper Series
University of Wisconsin Law School
Downloads 43
7.

Coin, Currency, and Constitution: Reconsidering the National Bank Precedent

Univ. of Wisconsin Legal Studies Research Paper No. 1471, 117 Mich. L. Rev. (2019, Forthcoming)
Number of pages: 24 Posted: 25 Apr 2019
Accepted Paper Series
University of Wisconsin Law School
Downloads 38
8.

World Trade and Investment Law in a Time of Crisis: Distribution, Development and Social Protection

Introduction to World Trade and Investment Law Reimagined: A Progressive Agenda for an Inclusive Globalization
Alvaro Santos, Chantal Thomas and David Trubek, eds.
Anthem Press, 2019, Forthcoming , Univ. of Wisconsin Legal Studies Research Paper No. 1470 (2019), Cornell Legal Studies Research Paper No. 19-16
Number of pages: 40 Posted: 24 Apr 2019 Last Revised: 10 Jun 2019
Accepted Paper Series
University of Wisconsin Law School, Georgetown University Law Center and Cornell Law School
Downloads 24
9.

'Leave Me My Name': An Argument for Bar Regulation of Competitive Keyword Advertising

Marquette Law Review, Forthcoming
Number of pages: 57 Posted: 10 Apr 2019 Last Revised: 15 Apr 2019
Accepted Paper Series
University of Wisconsin - Madison, Law School, Students
Downloads 27
10.

Understanding State Agency Independence: Appendices

Univ. of Wisconsin Legal Studies Research Paper No. 1469
Number of pages: 133 Posted: 10 Apr 2019 Last Revised: 21 Apr 2019
Working Paper Series
University of Wisconsin Law School
Downloads 9
11.

Comparing Impeachment Regimes

Univ. of Wisconsin Legal Studies Research Paper No. 1468
Number of pages: 39 Posted: 21 Mar 2019
Working Paper Series
University of Wisconsin Law School
Downloads 28
12.

Board Diversity by Term Limits?

71 Alabama Law Review (2019, Forthcoming), Univ. of Wisconsin Legal Studies Research Paper No. 1467
Number of pages: 55 Posted: 18 Mar 2019
Accepted Paper Series
University of Wisconsin Law School and Pace Law School
Downloads 77
13.

'I Do for My Kids': Negotiating Race and Racial Inequality in Family Court

83 Fordham Law Review 3027 (2015) , Univ. of Wisconsin Legal Studies Research Paper No. 1466
Number of pages: 27 Posted: 12 Mar 2019 Last Revised: 12 Mar 2019
Accepted Paper Series
University of Wisconsin Law School, University of Wisconsin - Madison and Trinity College (Hartford CT)
Downloads 10
14.

The Right to Civil Counsel

148:1 Daedalus 56 (Winter 2019), Univ. of Wisconsin Legal Studies Research Paper No. 1464
Number of pages: 9 Posted: 08 Mar 2019
Accepted Paper Series
University of Wisconsin Law School
Downloads 33
15.

Eli Lilly and the International Investment Law Challenge to a Neo-Federal IP Regime

Vanderbilt Journal of Entertainment & Technology Law, Vol. 21, No. 2, 2018, Univ. of Wisconsin Legal Studies Research Paper No. 1462
Number of pages: 33 Posted: 01 Mar 2019
Accepted Paper Series
University of Wisconsin Law School and Syracuse University College of Law
Downloads 10
16.

An Error and an Evil: The Strange History of Implied Commerce Powers

68 Am. U. L. Rev. 927 (2019), Univ. of Wisconsin Legal Studies Research Paper No. 1463
Number of pages: 89 Posted: 14 Feb 2019 Last Revised: 24 Mar 2019
Working Paper Series
University of Wisconsin Law School
Downloads 30
17.

Feigned Consensus: Usurping the Law in Shaken Baby Syndrome/Abusive Head Trauma Prosecutions

2019 Wisconsin Law Review (2019 Forthcoming), Univ. of Wisconsin Legal Studies Research Paper No. 1461, 2019, Seton Hall Public Law Research Paper Forthcoming
Number of pages: 63 Posted: 05 Feb 2019 Last Revised: 29 May 2019
Working Paper Series
University of Wisconsin Law School, Seton Hall University School of Law, Stanford University - Pediatric Radiology and Neuroradiology, Pennsylvania State University - Penn State Hershey Medical Center, University of Michigan Law School, Professor of Law, Cardozo Law School, Co-Director, Innocence Project and American Academy of Forensic Sciences
Downloads 583
18.

Successor CEOs

99 Boston University Law Review 787 (2019), Univ. of Wisconsin Legal Studies Research Paper No. 1459
Number of pages: 51 Posted: 12 Jan 2019 Last Revised: 18 Jun 2019
Accepted Paper Series
University of Wisconsin Law School
Downloads 138
19.

Legal Realist Innovation in the Wisconsin Law School Curriculum 1950-1970: Four Influential Introductory Courses

Univ. of Wisconsin Legal Studies Research Paper No. 1458
Number of pages: 22 Posted: 10 Jan 2019 Last Revised: 30 Jan 2019
Working Paper Series
University of Wisconsin Law School
Downloads 71
20.

The Merger Incipiency Doctrine and the Importance of 'Redundant' Competitors

2018 Wisconsin Law Review 783 (2018), Univ. of Wisconsin Legal Studies Research Paper No. 1440
Number of pages: 63 Posted: 16 Oct 2018 Last Revised: 15 Jan 2019
Accepted Paper Series
University of Wisconsin Law School and University of Baltimore - School of Law
Downloads 126
21.

The Philadelphia National Bank Presumption: Merger Analysis in a Dynamic Economy

Antitrust Law Journal, Vol. 80, 2015, Univ. of Wisconsin Legal Studies Research Paper No. 1457
Number of pages: 51 Posted: 10 Oct 2018
Working Paper Series
University of Wisconsin Law School
Downloads 6
22.

Remedies for Monopolization from Standard Oil to Microsoft and Intel: The Changing Nature of Monopoly Law from Elimination of Market Power to Regulation of Its Use

Southern California Law Review, Vol. 85, 2012, Univ. of Wisconsin Legal Studies Research Paper No. 1456
Number of pages: 29 Posted: 10 Oct 2018
Working Paper Series
University of Wisconsin Law School
Downloads 13
23.

Controlling Unjustified Anticompetitive State and Local Regulation: Where is Attorney General Waldo

Antitrust Bulliten, Vol. 56, 2011, Univ. of Wisconsin Legal Studies Research Paper No. 1455
Number of pages: 53 Posted: 10 Oct 2018
Working Paper Series
University of Wisconsin Law School
Downloads 5
24.

Lost in (Doctrinal) Translation: The Misleading Retelling of the Supreme Court's Antitrust Decisions on Restraints of Trade

SMU Law Review, Vol. 62, 2009, Univ. of Wisconsin Legal Studies Research Paper No. 1453
Number of pages: 33 Posted: 10 Oct 2018
Working Paper Series
University of Wisconsin Law School
Downloads 5
25.

Replacing Antitrust Exemptions for Transportation Industries: The Potential for a 'Robust Business Review Clearance'

Oregon Law Review, Vol. 89, 2011, Univ. of Wisconsin Legal Studies Research Paper No. 1454
Number of pages: 49 Posted: 10 Oct 2018
Working Paper Series
University of Wisconsin Law School
Downloads 2
26.

Decolonization, Compensation and Constitutionalism: Land, Wealth and the Sustainability of Constitutionalism in Post-Apartheid South Africa

South African Journal on Human Rights (Forthcoming), Univ. of Wisconsin Legal Studies Research Paper No. 1451
Number of pages: 22 Posted: 05 Sep 2018
Accepted Paper Series
University of Wisconsin Law School
Downloads 87
27.

Understanding State Agency Independence

117 Mich. L. Rev. 1537 (2019) , Univ. of Wisconsin Legal Studies Research Paper No. 1450
Number of pages: 57 Posted: 27 Aug 2018 Last Revised: 15 Jun 2019
Working Paper Series
University of Wisconsin Law School
Downloads 179
28.

The Judicialization of Peace

59 Harvard International Law Journal 279 (2018), Univ. of Wisconsin Legal Studies Research Paper No. 1449
Number of pages: 53 Posted: 07 Aug 2018
Accepted Paper Series
University of Nebraska at Lincoln, University of Wisconsin Law School and Universidad de los Andes, Colombia
Downloads 47
29.

Campaigns, Inc.

103 Minnesota L. Rev. 151 (2018), Univ. of Wisconsin Legal Studies Research Paper No. 1448
Number of pages: 79 Posted: 19 Jul 2018 Last Revised: 25 Jan 2019
Accepted Paper Series
University of Wisconsin Law School
Downloads 147
30.

A Relational Perspective on Contract Law's Default Rules, with an Emphasis on Remedies

forthcoming in Research Handbook in Private Law Remedies, David Campbell & Roger Halsom eds., Univ. of Wisconsin Legal Studies Research Paper No. 1446
Number of pages: 37 Posted: 09 Jul 2018
Accepted Paper Series
University of Wisconsin Law School
Downloads 67
31.

Layering, Conversion and Drifting: A Comparative Analysis of Path Dependent Change in Consumer Insolvency Systems

93 Chicago-Kent Law Review 101 (2018 Forthcoming), Univ. of Wisconsin Legal Studies Research Paper No. 1447
Number of pages: 37 Posted: 06 Jul 2018
Accepted Paper Series
University of Wisconsin Law School
Downloads 22
32.

Balanced Judicial Realism in the Service of Justice: Judge Richard D. Cudahy

67 Depaul Law Review 655 (2018), Univ. of Wisconsin Legal Studies Research Paper No. 1445
Number of pages: 31 Posted: 08 Jun 2018
Accepted Paper Series
University of Wisconsin - Madison and Cornell University - Law School
Downloads 21
33.

Essay: The Administrative Process from the Bottom Up: Reflections on the Role, If Any, for Judicial Review

Administrative Law Review, Vol. 69, 2017, U of Texas Law, Public Law Research Paper, Univ. of Wisconsin Legal Studies Research Paper
Number of pages: 59 Posted: 06 Jun 2018
Accepted Paper Series
University of Wisconsin Law School and University of Texas at Austin – School of Law
Downloads 70
34.

Reducing Error in the Criminal Justice System

48 Seton Hall Law Review 1265 (2018), Univ. of Wisconsin Legal Studies Research Paper No. 1443
Number of pages: 54 Posted: 09 May 2018 Last Revised: 29 Aug 2018
Working Paper Series
University of Wisconsin Law School
Downloads 84
35.

The Science and Law Underlying Post-Conviction Challenges to Shaken Baby Syndrome Convictions: A Response to Professor Imwinkelried

48 Seton Hall Law Review 1209 (2018), Univ. of Wisconsin Legal Studies Research Paper No. 1442, Seton Hall Public Law Research Paper
Number of pages: 19 Posted: 08 May 2018 Last Revised: 29 Aug 2018
Accepted Paper Series
University of Wisconsin Law School and Seton Hall University School of Law
Downloads 262
36.

Do Investment Promotion Agencies Promote Bilateral Investment Treaties?

Chapter 15 in Yearbook on International Law & Policy 2013-2014, Andrea K. Bjorklun, ed. Oxford University Press, 2015. PP. 529-552., Univ. of Wisconsin Legal Studies Research Paper No. 1439
Number of pages: 29 Posted: 18 Apr 2018
Accepted Paper Series
University of Wisconsin Law School
Downloads 26
37.

Measuring Change: From Rates of Recidivism to Markers of Desistance

The Journal of Criminal Law and Criminology, Forthcoming, Univ. of Wisconsin Legal Studies Research Paper No. 1441
Number of pages: 47 Posted: 21 Mar 2018 Last Revised: 13 Apr 2018
Accepted Paper Series
University of Wisconsin Law School
Downloads 173
38.

Social Justice Advocacy and Innovation: The Wisconsin Center for Public Representation 1974-Present

25 Georgetown Journal on Poverty Law and Policy (2) pp.221-255 (2018), Univ. of Wisconsin Legal Studies Research Paper No. 1438
Number of pages: 36 Posted: 14 Mar 2018
Accepted Paper Series
University of Wisconsin Law School
Downloads 43
39.

Media, Marriage, and the Construction of the LGBT Legal Agenda

69 Rutgers University Law Review 691 (2017), Univ. of Wisconsin Legal Studies Research Paper No. 1437
Number of pages: 51 Posted: 06 Feb 2018
Accepted Paper Series
University of Wisconsin Law School
Downloads 43
40.

Beyond the Numbers: Substantive Gender Diversity in Boardrooms

94 Ind. L. J. 145 (2019), Univ. of Wisconsin Legal Studies Research Paper No. 1436
Number of pages: 59 Posted: 03 Feb 2018 Last Revised: 16 Mar 2019
Accepted Paper Series
University of Wisconsin Law School
Downloads 565
41.

Constitutions as Basic Structure

Univ. of Wisconsin Legal Studies Research Paper No. 1435
Number of pages: 16 Posted: 04 Jan 2018 Last Revised: 17 Jan 2018
Working Paper Series
University of Wisconsin Law School
Downloads 69
42.

Badger State Infamy: Wisconsin's Early Sex Trade

Wisconsin Lawyer, 22-26, Oct. 2017., Univ. of Wisconsin Legal Studies Research Paper No. 1434
Number of pages: 6 Posted: 20 Nov 2017
Accepted Paper Series
University of Wisconsin Law School
Downloads 34
43.

Why Civil and Criminal Procedure Are So Different: A Forgotten History

86 Fordham Law Review 697 (2017), Univ. of Wisconsin Legal Studies Research Paper No. 1433
Number of pages: 42 Posted: 15 Nov 2017
Accepted Paper Series
University of Wisconsin Law School
Downloads 338
44.

Introduction to Symposium on the Constitutionalization of International Law in Latin America

109 AJIL Unbound 89 (2015), Univ. of Wisconsin Legal Studies Research Paper No. 1428
Number of pages: 5 Posted: 12 Nov 2017
Accepted Paper Series
University of Wisconsin Law School
Downloads 15
45.

Introduction to Symposium on Devika Hovell, ‘Due Process in the United Nations’

110 AJIL Unbound 1 (2016), Univ. of Wisconsin Legal Studies Research Paper No. 1431
Number of pages: 3 Posted: 12 Nov 2017
Accepted Paper Series
University of Wisconsin Law School
Downloads 11
46.

Introduction to Symposium on the Columbian Peace Talks and International Law

110 AJIL Unbound 161 (2016) , Univ. of Wisconsin Legal Studies Research Paper No. 1430
Number of pages: 5 Posted: 12 Nov 2017
Accepted Paper Series
University of Wisconsin Law School and Universidad de Los Andes, Faculty of Law
Downloads 13
47.

Law School-Administered Financial Aid: The Good News and the Bad News

67 Journal of Legal Education 4 (2017), Univ. of Wisconsin Legal Studies Research Paper No. 1426
Number of pages: 14 Posted: 10 Nov 2017 Last Revised: 10 Nov 2017
Accepted Paper Series
University of Wisconsin Law School
Downloads 86
48.

Property's Role in the Fundamental Political Structure of Nations: The Southern African Experience

6 Brigham-Kanner Prop. Rts. Conf. J. 145 (2017), Univ. of Wisconsin Legal Studies Research Paper No. 1425
Number of pages: 35 Posted: 01 Nov 2017
Accepted Paper Series
University of Wisconsin Law School
Downloads 32
49.

Tipping the Scales of Justice: The Role of the Nonprofit Sliding Scale Law Firm in the Delivery of Legal Services

Univ. of Wisconsin Legal Studies Research Paper No. 1424, 20 NYU J. of Legs & Pub. Pol'y 375 (2017)
Number of pages: 29 Posted: 22 Sep 2017
Accepted Paper Series
University of Wisconsin Law School
Downloads 102
50.

Reconciling Agency Fee Doctrine, the First Amendment, and the Modern Public Sector Union

112 NW. U. L. Rev., 2018 Forthcoming, Univ. of Wisconsin Legal Studies Research Paper No. 1423
Number of pages: 64 Posted: 05 Sep 2017 Last Revised: 14 Sep 2017
Working Paper Series
University of Wisconsin Law School
Downloads 134