Caleb Nelson

University of Virginia School of Law

Professor of Law

580 Massie Road

Charlottesville, VA 22903

United States

SCHOLARLY PAPERS

10

DOWNLOADS
Rank 17,288

SSRN RANKINGS

Top 17,288

in Total Papers Downloads

3,441

SSRN CITATIONS

1

CROSSREF CITATIONS

4

Scholarly Papers (10)

1.

A Critical Guide to Erie Railroad Co. v. Tompkins

William & Mary Law Review, Vol. 54, 2012, Virginia Public Law and Legal Theory Research Paper No. 2012-35
Number of pages: 41 Posted: 13 Mar 2012 Last Revised: 05 Aug 2012
Caleb Nelson
University of Virginia School of Law
Downloads 548 (60,559)

Abstract:

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Erie, Swift v. Tyson, common law, general law, unwritten law, Holmes, Brandeis, Rules of Decision Act, horizontal uniformity, vertical uniformity, state constitutional law

2.

What is Textualism?

Virginia Law Review, Vol. 91, April 2005
Number of pages: 82 Posted: 19 Oct 2004
Caleb Nelson
University of Virginia School of Law
Downloads 547 (60,843)
Citation 1

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Textualism, textualist, statutory interpretation, rules, legislative intent, objective meaning

3.

Judicial Review of Legislative Purpose

New York University Law Review, December 2008
Number of pages: 102 Posted: 23 May 2008
Caleb Nelson
University of Virginia School of Law
Downloads 527 (63,453)

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judicial review, legislative motive, legislative purpose, unconstitutional conditions, facial challenges, pretexts

4.

Does History Defeat Standing Doctrine?

Michigan Law Review, Vol. 102, February 2004
Number of pages: 57 Posted: 30 Apr 2004
Ann Woolhandler and Caleb Nelson
University of Virginia School of Law and University of Virginia School of Law
Downloads 469 (73,380)

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standing, public rights, justiciability, private rights

5.

The Legitimacy of (Some) Federal Common Law

Virginia Law Review, Forthcoming, Virginia Public Law and Legal Theory Research Paper No. 2014-39
Number of pages: 64 Posted: 21 Jul 2014
Caleb Nelson
University of Virginia School of Law
Downloads 365 (98,406)

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unwritten law, federal common law, Erie, delegated lawmaking, judicial legislation, judge-made law, customary law, general law, sources of the common law, legislative history, prospective overruling

6.

The Constitutionality of Civil Forfeiture

Yale Law Journal, Forthcoming, Virginia Public Law and Legal Theory Research Paper No. 2
Number of pages: 52 Posted: 11 Dec 2015 Last Revised: 17 Mar 2016
Caleb Nelson
University of Virginia School of Law
Downloads 277 (132,672)

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civil forfeiture, administrative forfeiture, in rem, due process, originalism, liquidation, legal history, information in rem, information of debt, CAFRA, forfeiture of proceeds, civil penalties, civil punishment, penal versus criminal, United States v. Zucker, Boyd v. United States

7.

'Standing' and Remedial Rights in Administrative Law

Virginia Law Review, Vol. 105, 2019, Virginia Public Law and Legal Theory Research Paper No. 2018-49
Number of pages: 113 Posted: 23 Aug 2018 Last Revised: 24 Aug 2018
Caleb Nelson
University of Virginia School of Law
Downloads 226 (162,347)

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standing, rights of action, judicial review of administrative action, APA, zone of interests, Data Processing, ADAPSO, Barlow v. Collins, Justice Douglas, Justice Brennan, Lee Albert, Kenneth Culp Davis, Investment Co. Inst. v. Camp, Japan Whaling, Clarke v. Securities Indus. Ass'n, Lexmark

8.

Vested Rights, "Franchises," and the Separation of Powers

University of Pennsylvania Law Review, (vol. 169) 2021 Forthcoming, Virginia Public Law and Legal Theory Research Paper No. 2020-60
Number of pages: 92 Posted: 17 Aug 2020 Last Revised: 06 Jan 2021
Caleb Nelson
University of Virginia School of Law
Downloads 198 (183,778)

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public rights, private rights, privileges, Oil States, Dartmouth College Case, non-Article III courts, judicial power, executive power, patents, unconstitutional conditions, vested rights, franchises, corporate charters

9.

Intervention

Virginia Law Review, Vol. 106, Forthcoming April 2020, Virginia Public Law and Legal Theory Research Paper No. 2019-27
Number of pages: 90 Posted: 02 May 2019
Caleb Nelson
University of Virginia School of Law
Downloads 144 (241,317)

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intervention, Rule 24, legal interest, injury in fact, standing, parties, James William Moore, Abram Chayes, public law litigation, David Bazelon, Smuck v. Hobson, Nuesse v. Camp

10.

State and Federal Models of the Interaction between Statutes and Unwritten Law

University of Chicago Law Review, Vol. 80, Spring 2013, Virginia Public Law and Legal Theory Research Paper No. 2012-65
Number of pages: 74 Posted: 02 Oct 2012
Caleb Nelson
University of Virginia School of Law
Downloads 140 (246,887)

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domains of state and federal statutes, choice of law, presumption against extraterritoriality, Brainerd Currie, purposivism, Erie, implied causes of action, negligence per se, common-law defenses to statutory crimes