Lynn A. Baker

University of Texas School of Law

Frederick M. Baron Chair in Law

727 East Dean Keeton Street

Austin, TX 78705

United States

http://https://law.utexas.edu/faculty/lynn-a-baker/

  • University of Texas School of Law

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    • Tel: 512-232-1325
SCHOLARLY PAPERS

52

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Scholarly Papers (52)

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1.

Is the Price Right? An Empirical Study of Fee-Setting in Securities Class Actions

115 Columbia Law Review 1371 (2015), U of Texas Law, Law and Econ Research Paper No. E559, St. John's Legal Studies Research Paper No. 15-0003
Number of pages: 82 Posted: 24 Mar 2015 Last Revised: 21 Oct 2015
Lynn A. Baker, Michael Perino and Charles Silver
University of Texas School of Law, St. John's University - School of Law and University of Texas at Austin - School of Law
Downloads 352 (147,979)
Citation 2

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securities, class action, PSLRA, attorneys' fees, lodestar

2.

The MDL Revolution and Consumer Legal Funding

Review of Litigation, Vol. 40, No. 2, 2021, U of Texas Law, Law and Econ Research Paper No. 601, Cardozo Legal Studies Research Paper No. 653, U of Texas Law, Public Law Research Paper
Number of pages: 50 Posted: 03 Jun 2021 Last Revised: 24 Mar 2022
Ronen Avraham, Lynn A. Baker and Anthony J. Sebok
Tel Aviv University - Buchmann Faculty of Law, University of Texas School of Law and Yeshiva University - Benjamin N. Cardozo School of Law
Downloads 230 (228,950)
Citation 2

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MDL, mass tort, consumer, legal funding, third-party funding, consumer protection, legal ethics

3.

The Mysterious Market for Post-Settlement Litigant Finance

96 N.Y.U. L. Rev. Online 181 (2021), U of Texas Law, Law and Econ Research Paper Forthcoming #E602 , U of Texas Law, Public Law Research Paper Paper #719, Cardozo Legal Studies Research Paper #668
Number of pages: 34 Posted: 30 Jul 2021 Last Revised: 24 Mar 2022
Lynn A. Baker, Ronen Avraham and Anthony J. Sebok
University of Texas School of Law, Tel Aviv University - Buchmann Faculty of Law and Yeshiva University - Benjamin N. Cardozo School of Law
Downloads 220 (238,713)

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litigation finance, mass torts, class actions, torts, consumer protection, usury

4.

Getting Off the Dole: Why the Court Should Abandon its Spending Doctrine, and How a Too-Clever Congress Could Provoke it to Do so

78 Indiana Law Journal 459 (2003)
Number of pages: 86 Posted: 21 Apr 2003 Last Revised: 12 Oct 2015
Lynn A. Baker and Mitchell N. Berman
University of Texas School of Law and University of Pennsylvania Carey Law School
Downloads 179 (287,583)
Citation 6

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federalism, spending power, RLUIPA, constitutional law, Rehnquist Court

5.

Federalism and the Spending Power from Dole to Birmingham Board of Education

U of Texas Law, Public Law Research Paper No. 73
Number of pages: 20 Posted: 04 Jun 2005
Lynn A. Baker
University of Texas School of Law
Downloads 169 (302,244)

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federalism, spending power

6.

Constitutional Home Rule and Judicial Scrutiny

86 Denver University Law Review 1337 (2009), U of Texas Law, Law and Econ Research Paper No. 164
Number of pages: 89 Posted: 29 Oct 2009 Last Revised: 12 Oct 2015
Lynn A. Baker and Daniel B. Rodriguez
University of Texas School of Law and Northwestern University - Pritzker School of Law
Downloads 164 (310,142)

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home rule, state constitutions

7.

Preferences, Priorities, and Plebiscites

13 Journal of Contemporary Legal issues 317 (2004), U of Texas Law, Public Law Research Paper No. 56
Number of pages: 24 Posted: 01 Dec 2003 Last Revised: 13 Oct 2015
Lynn A. Baker
University of Texas School of Law
Downloads 147 (339,764)

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direct democracy, legislation, referenda, voting, initiatives

8.

Fiduciaries and Fees: Preliminary Thoughts

79 Fordham Law Review 1833 (2011), U of Texas Law, Law and Econ Research Paper No. 199
Number of pages: 35 Posted: 21 Mar 2011 Last Revised: 11 Oct 2015
Lynn A. Baker and Charles Silver
University of Texas School of Law and University of Texas at Austin - School of Law
Downloads 140 (353,134)

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fiduciaries, attorneys' fees, contingent fees, legal profession, fee caps, legal ethics, professional responsibility, mass torts

9.

The Politics of Legal Ethics: Case Study of a Rule Change

53 Arizona Law Review 425 (2011), U of Texas Law, Law and Econ Research Paper No. 205
Number of pages: 29 Posted: 26 Apr 2011 Last Revised: 10 Oct 2015
Lynn A. Baker
University of Texas School of Law
Downloads 131 (371,658)

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Attorneys’ fees, fee sharing, rulemaking, contingent fees, legal profession, legal ethics, professional responsibility, mass torts, settlements, aggregate settlements

10.

Aggregate Settlements and Attorney Liability: The Evolving Landscape

44 Hofstra Law Review 291 (2016), U of Texas Law, Law and Economic Research Paper No. 564
Number of pages: 35 Posted: 20 Feb 2016 Last Revised: 09 Dec 2016
Lynn A. Baker
University of Texas School of Law
Downloads 127 (380,415)
Citation 1

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legal ethics, professional responsibility, mass torts, fiduciary duty, aggregate settlement, attorney liability, malpractice

11.

When Every Relationship Is Above Average: Perceptions and Expectations of Divorce at the Time of Marriage

17 Law and Human Behavior 439 (1993), U of Texas Law, Public Law Research Paper, U of Texas Law, Law and Econ Research Paper
Number of pages: 12 Posted: 18 Oct 2015
Lynn A. Baker and Robert Emery
University of Texas School of Law and University of Virginia
Downloads 120 (396,994)
Citation 4

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divorce, marriage, cognitive bias, representativeness bias

12.

Mass Lawsuits and the Aggregate Settlement Rule

32 Wake Forest Law Review 733 (1997), U of Texas Law, Public Law Research Paper, U of Texas Law, Law and Econ Research Paper
Number of pages: 48 Posted: 16 Oct 2015
Lynn A. Baker and Charles Silver
University of Texas School of Law and University of Texas at Austin - School of Law
Downloads 99 (455,542)

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mass torts, aggregate settlements, rules of professional responsibility, plaintiffs' lawyers, attorney-client relationship

13.

Setting Attorneys' Fees in Securities Class Actions: An Empirical Assessment

66 Vanderbilt Law Review 1677 (2013), U of Texas Law, Law and Econ Research Paper No. 547
Number of pages: 43 Posted: 11 Dec 2013 Last Revised: 10 Oct 2015
Lynn A. Baker, Michael Perino and Charles Silver
University of Texas School of Law, St. John's University - School of Law and University of Texas at Austin - School of Law
Downloads 99 (455,542)

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14.

Constitutional Ambiguities and Originalism: Lessons from the Spending Power

103 Northwestern University Law Review 495 (2009), U of Texas Law, Law and Econ Research Paper No. 165
Number of pages: 55 Posted: 29 Oct 2009 Last Revised: 21 Oct 2015
Lynn A. Baker
University of Texas School of Law
Downloads 94 (471,365)

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originalism, spending power, constitution, interpretation

15.

Direct Democracy and Discrimination: A Public Choice Perspective

67 Chicago-Kent Law Review 707 (1992), U of Texas Law, Public Law Research Paper, U of Texas Law, Law and Econ Research Paper
Number of pages: 70 Posted: 19 Oct 2015
Lynn A. Baker
University of Texas School of Law
Downloads 84 (505,594)

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direct democracy, initiatives, referenda, legislation, discrimination, minorities

16.

The Spending Power after NFIB v. Sebelius

37 Harvard Journal of Law and Public Policy 71 (2014)
Number of pages: 11 Posted: 13 Oct 2015
Lynn A. Baker
University of Texas School of Law
Downloads 83 (509,185)

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spending power, Roberts Court, federalism, NFIB v. Sebelius

17.

Facts About Fees: Lessons for Legal Ethics

80 Texas Law Review 1985 (2002), U of Texas Law, Public Law Research Paper
Number of pages: 12 Posted: 16 Oct 2015
Lynn A. Baker
University of Texas School of Law
Downloads 79 (524,318)

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legal ethics, attorneys' fees, contingent fee, hourly rate, agency problems

18.

Conditional Federal Spending after Lopez

95 Columbia Law Review 1911 (1995), U of Texas Law, Public Law Research Paper
Number of pages: 79 Posted: 17 Oct 2015
Lynn A. Baker
University of Texas School of Law
Downloads 69 (565,582)

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spending power, commerce clause, conditional federal spending

19.

Alienability of Mass Tort Claims

63 DePaul Law Review 265 (2014), U of Texas Law, Public Law Research Paper No. 646, U of Texas Law, Law and Econ Research Paper
Number of pages: 41 Posted: 13 Oct 2015 Last Revised: 10 Jun 2016
Lynn A. Baker
University of Texas School of Law
Downloads 66 (579,150)

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mass torts, personal injury claims, contingent fee, plaintiffs lawyers, litigation finance, product liability, tort law

20.

Rethinking the Senate

Harvard Journal of Law and Public Policy, Vol. 44, No. 1, 2021, U of Texas Law, Public Law Research Paper
Number of pages: 8 Posted: 09 Mar 2021
Lynn A. Baker
University of Texas School of Law
Downloads 63 (592,839)

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federalism, Senate, redistribution, Spending power, game theory, Shapley-Shubik index, judicial review

21.

The Senate: An Institution Whose Time Has Gone?

13 Journal of Law and Politics 21 (1997), U of Texas Law, Public Law Research Paper, U of Texas Law, Law and Econ Research Paper
Number of pages: 84 Posted: 18 Oct 2015
Lynn A. Baker and Samuel Dinkin
University of Texas School of Law and Independent
Downloads 63 (592,839)

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Senate, representation, Article V, House, states, bicameral

22.

Mass Torts and the Pursuit of Ethical Finality

Fordham Law Review, Vol. 85, p. 1943, 2017, U of Texas Law, Public Law Research Paper No. 668
Number of pages: 27 Posted: 12 May 2017 Last Revised: 07 Jul 2017
Lynn A. Baker
University of Texas School of Law
Downloads 62 (597,658)

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mass torts; legal ethics; professional responsibility; restrictions on the practice of law; settlements; complex litigation; MDL

23.

The Aggregate Settlement Rule and Ideals of Client Service

41 South Texas Law Review 227 (1999), U of Texas Law, Public Law Research Paper, U of Texas Law, Law and Econ Research Paper
Number of pages: 20 Posted: 16 Oct 2015
Lynn A. Baker and Charles Silver
University of Texas School of Law and University of Texas at Austin - School of Law
Downloads 61 (602,550)

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aggregate settlement, mass torts, plaintiffs' attorneys, legal ethics, damage averaging, rules of professional responsibility

24.

MDL Myths

101 Texas Law Review 1521 (2023), U of Texas Law, Legal Studies Research Paper
Number of pages: 47 Posted: 05 Jun 2023
Lynn A. Baker and Andrew Bradt
University of Texas School of Law and University of California, Berkeley - School of Law
Downloads 59 (612,568)

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MDL, aggregate litigation, mass torts, plaintiffs' attorneys, attorneys' fees, contingent fee, JPML, settlement, due process, day in court, class actions

25.

Mass Tort Remedies and the Puzzle of the Disappearing Defendant

98 Texas Law Review 1165 (2020), U of Texas Law, Public Law Research Paper No. 715
Number of pages: 21 Posted: 27 May 2020 Last Revised: 17 Jun 2020
Lynn A. Baker
University of Texas School of Law
Downloads 59 (612,568)

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MDL, mass tort, settlement, aggregate settlement, special master, conflict of interest, allocation

26.

Twenty-Year Legacy of South Dakota v. Dole: Dole Dialogue

52 South Dakota Law Review 468 (2007), U of Texas Law, Public Law Research Paper
Number of pages: 28 Posted: 16 Oct 2015
Lynn A. Baker and Sanford Levinson
University of Texas School of Law and University of Texas Law School
Downloads 59 (612,568)

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spending power, federalism, conditional federal spending

27.

Anecdotes Versus Data in the Search for Truth about Multidistrict Litigation

107 Cornell Law Review Online 249 (2022), U of Texas Law, Legal Studies Research Paper
Number of pages: 19 Posted: 06 Apr 2023
Lynn A. Baker and Andrew Bradt
University of Texas School of Law and University of California, Berkeley - School of Law
Downloads 57 (622,904)

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MDL, survey, procedural justice, aggregate litigation, selection bias, vaginal mesh, Federal Rules Advisory Committee

28.

I Cut, You Choose: The Role of Plaintiffs' Counsel in Allocating Settlement Proceeds

84 Virginia Law Review 1465 (1998)
Number of pages: 76 Posted: 23 Jun 1999 Last Revised: 13 Oct 2015
Charles Silver and Lynn A. Baker
University of Texas at Austin - School of Law and University of Texas School of Law
Downloads 51 (655,522)
Citation 1

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class actions, aggregate settlements, conflicts of interest

29.

'Just Do it': Pragmatism and Progressive Social Change

78 Virginia Law Review 697 (1992), U of Texas Law, Public Law Research Paper
Number of pages: 22 Posted: 19 Oct 2015
Lynn A. Baker
University of Texas School of Law
Downloads 47 (678,790)

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pragmatism, Rorty, postmetaphysical, foundationalism, progressive, social change, marginalized people

30.

The Spending Power and the Federalist Revival

4 Chapman Law Review 195 (2001)
Number of pages: 36 Posted: 13 Oct 2015
Lynn A. Baker
University of Texas School of Law
Downloads 47 (678,790)

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spending power, federalism, amendment, redistribution, political safeguards, conditional federal spending

31.

Introduction: Civil Justice Fact and Fiction

80 Texas Law Review 1537 (2002)
Number of pages: 10 Posted: 20 Oct 2015
Lynn A. Baker and Charles Silver
University of Texas School of Law and University of Texas at Austin - School of Law
Downloads 44 (697,498)
Citation 4

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civil justice, juries, plaintiffs' lawyers, malpractice, tort reform, verdicts

32.

The Prices of Rights: Toward a Positive Theory of Unconstitutional Conditions

75 Cornell Law Review 1185 (1990), U of Texas Law, Public Law Research Paper
Number of pages: 73 Posted: 17 Oct 2015
Lynn A. Baker
University of Texas School of Law
Downloads 43 (703,719)

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unconstitutional conditions, public assistance, welfare

33.

Federalism and the Double Standard of Judicial Review

51 Duke Law Journal 75 (2001)
Number of pages: 90 Posted: 13 Oct 2015
Lynn A. Baker and Ernest Young
University of Texas School of Law and Duke University School of Law
Downloads 42 (710,351)

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federalism, judicial review, New Deal, Constitution, political safeguards, judicial competence, individual liberty

34.

'They the People': A Comment on U.S. Term Limits v. Thornton

Arizona Law Review, Vol. 38, No. 859, 1996, U of Texas Law, Public Law Research Paper
Number of pages: 14 Posted: 17 Oct 2015
Lynn A. Baker
University of Texas School of Law
Downloads 41 (717,147)

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term limits, federalism, direct democracy, states' rights, nationalism

35.

Layers of Lawyers: Parsing the Complexities of Claimant Representation in Mass Tort MDLs

24 Lewis & Clark Law Review 469 (2020), U of Texas Law, Public Law Research Paper No. 714
Number of pages: 27 Posted: 21 May 2020 Last Revised: 08 Jun 2020
Lynn A. Baker and Stephen J. Herman
University of Texas School of Law and Loyola University New Orleans College of Law
Downloads 40 (723,883)

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MDL, mass tort, settlement, aggregate settlement, conflict of interest

36.

Putting the Safeguards Back into the Political Safeguards of Federalism

46 Villanova Law Review 951 (2001)
Number of pages: 25 Posted: 13 Oct 2015
Lynn A. Baker
University of Texas School of Law
Downloads 40 (723,883)
Citation 1

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federalism, political safeguards, Constitution

37.

The Myth of the American Welfare State

9 Yale Law & Policy Review 110 (1991), U of Texas Law, Public Law Research Paper, U of Texas Law, Law and Econ Research Paper
Number of pages: 20 Posted: 19 Oct 2015
Lynn A. Baker
University of Texas School of Law
Downloads 39 (730,825)

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welfare, welfare state, social welfare programs

38.

In Defense of Private Claims Resolution Facilities

Law and Contemporary Problems, Vol. 84, No. 2, 2021, U of Texas Law, Public Law Research Paper #717, U of Texas Law, Law and Econ Research Paper #E600
Number of pages: 28 Posted: 01 Jun 2021 Last Revised: 07 Aug 2021
Lynn A. Baker and Charles Silver
University of Texas School of Law and University of Texas at Austin - School of Law
Downloads 38 (737,848)

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mass torts, settlements, aggregate settlements, private claims resolution facilities, judicial supervision, corrective justice

39.

Lochner's Legacy for Modern Federalism: Pierce County v. Guillen as a Case Study

85 Boston University Law Review 727 (2005), U of Texas Law, Public Law Research Paper
Number of pages: 38 Posted: 16 Oct 2015
Lynn A. Baker
University of Texas School of Law
Downloads 38 (737,848)

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federalism, spending power, commerce clause

40.

Models of Closure in Mass Torts: A Comment on 'The Mass Tort Bankruptcy: A Pre-History'

5 Journal of Tort Law 85 (2012 publication date; published in 2014), U of Texas Law, Law and Econ Research Paper
Number of pages: 6 Posted: 13 Oct 2015
Lynn A. Baker
University of Texas School of Law
Downloads 38 (737,848)

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mass torts, bankruptcy, settlement, plaintiffs' lawyers, public law

41.

Constitutional Change and Direct Democracy

66 University of Colorado Law Review 143 (1995), U of Texas Law, Public Law Research Paper
Number of pages: 16 Posted: 19 Oct 2015
Lynn A. Baker
University of Texas School of Law
Downloads 36 (751,994)

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direct democracy, initiative, referendum, gay rights, discrimination, constitutional amendment

42.

Promulgating the Marriage Contract

23 University of Michigan Journal of Law Reform 217 (1990), U of Texas Law, Public Law Research Paper
Number of pages: 48 Posted: 19 Oct 2015
Lynn A. Baker
University of Texas School of Law
Downloads 32 (782,001)

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Bentham, notice, due process, marriage, marriage contract, Louisiana

43.

The Missing Pages of the Majority Opinion in Romer v. Evans

68 University of Colorado Law Review 387 (1997), U of Texas Law, Public Law Research Paper
Number of pages: 22 Posted: 18 Oct 2015
Lynn A. Baker
University of Texas School of Law
Downloads 32 (782,001)

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gay rights, greater includes the lesser, direct democracy

44.

Interdisciplinary Due Diligence: The Case for Common Sense in the Search for the Swing Justice

70 Southern California Law Review 187 (1996), U of Texas Law, Public Law Research Paper, U of Texas Law, Law and Econ Research Paper
Number of pages: 32 Posted: 17 Oct 2015
Lynn A. Baker
University of Texas School of Law
Downloads 31 (789,915)

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Supreme Court, median justice, Banzhaf index, Shapley-Shubik index, voting strength

45.

Webster and Incomplete Judicial Review

6 Journal of Law and Politics 549 (1990), U of Texas Law, Public Law Research Paper
Number of pages: 10 Posted: 19 Oct 2015
Lynn A. Baker
University of Texas School of Law
Downloads 29 (805,876)

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judicial review, majority opinion

46.

The Future of Federalism? Pierce County v. Guillen as a Case Study

50 New York Law School Law Review 699 (2005-06)
Number of pages: 16 Posted: 13 Oct 2015 Last Revised: 16 Oct 2015
Lynn A. Baker
University of Texas School of Law
Downloads 28 (814,085)

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federalism, spending power, Constitution

47.

The Revival of States' Rights: A Progress Report and a Proposal

22 Harvard Journal of Law and Public Policy 95 (1998)
Number of pages: 12 Posted: 16 Oct 2015
Lynn A. Baker
University of Texas School of Law
Downloads 27 (822,309)

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federalism, spending power, commerce clause, states' rights, Constitution

48.

Federalism: The Argument from Article V

13 Georgia State University Law Review 923 (1997)
Number of pages: 37 Posted: 13 Oct 2015
Lynn A. Baker
University of Texas School of Law
Downloads 25 (839,348)

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federalism, spending power, redistribution, judicial review, Article V, constitutional amendment

49.

Should Liberals Fear Federalism?

70 University of Cincinnati Law Review 433 (2002), U of Texas Law, Public Law Research Paper
Number of pages: 22 Posted: 17 Oct 2015
Lynn A. Baker
University of Texas School of Law
Downloads 23 (857,074)

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federalism, states' rights, Constitution, liberals

50.

Getting from Here to There: The Rebirth of Constitutional Constraints on the Special Interest State

40 William and Mary Law Review 515 (1999)
Number of pages: 12 Posted: 17 Oct 2015
Lynn A. Baker and Samuel Dinkin
University of Texas School of Law and Independent
Downloads 23 (857,074)

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amendment, constitution, special interest state, interest groups, supermajority rules, spending

51.

Bargaining for Public Assistance

72 Denver University Law Review 848 (1985), U of Texas Law, Public Law Research Paper
Number of pages: 22 Posted: 17 Oct 2015
Lynn A. Baker
University of Texas School of Law
Downloads 16 (923,635)

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unconstitutional conditions, public assistance, welfare, Constitution

52.

'I Think I Do': Another Perspective on Consent and the Law

16 Law, Medicine and Health Care 256 (1988), U of Texas Law, Public Law Research Paper
Number of pages: 5 Posted: 19 Oct 2015
Lynn A. Baker
University of Texas School of Law
Downloads 15 (933,537)

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informed consent, medical decision-making, marriage