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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

  • University of Texas School of Law

    • Email
    • Tel: 512-232-1325
    • Fax: 512-232-6011
SCHOLARLY PAPERS

44

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CITATIONS
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73

Scholarly Papers (44)

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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 A. 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 177 (96,839)

Abstract:

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

2.

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 147 (159,702)

Abstract:

federalism, spending power

3.

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 Law School
Downloads 138 (165,252)
Citation 2

Abstract:

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

4.

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 110 (190,458)

Abstract:

direct democracy, legislation, referenda, voting, initiatives

5.

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 99 (204,334)

Abstract:

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

6.

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 86 (211,174)

Abstract:

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

7.

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 74 (212,624)

Abstract:

home rule, state constitutions

8.

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 A. 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 52 (278,412)

Abstract:

9.

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 25 (329,659)

Abstract:

originalism, spending power, constitution, interpretation

10.

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 0 (454,203)

Abstract:

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

11.

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 0 (282,883)

Abstract:

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

12.

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 0 (443,690)

Abstract:

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

13.

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 0 (485,206)
Citation 2

Abstract:

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

14.

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 0 (433,403)

Abstract:

welfare, welfare state, social welfare programs

15.

'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 0 (500,211)
Citation 1

Abstract:

informed consent, medical decision-making, marriage

16.

'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 0 (459,367)

Abstract:

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

17.

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 0 (474,899)
Citation 1

Abstract:

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

18.

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 0 (351,320)
Citation 3

Abstract:

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

19.

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 0 (500,211)

Abstract:

judicial review, majority opinion

20.

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 0 (504,977)
Citation 1

Abstract:

gay rights, greater includes the lesser, direct democracy

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 H. Dinkin
University of Texas School of Law and Independent
Downloads 0 (459,367)
Citation 2

Abstract:

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

22.

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 E. Emery
University of Texas School of Law and University of Virginia
Downloads 0 (332,679)
Citation 13

Abstract:

divorce, marriage, cognitive bias, representativeness bias

23.

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 H. Dinkin
University of Texas School of Law and Independent
Downloads 0 (495,339)

Abstract:

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

24.

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 0 (514,200)

Abstract:

unconstitutional conditions, public assistance, welfare, Constitution

25.

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 0 (518,603)
Citation 2

Abstract:

federalism, states' rights, Constitution, liberals

26.

'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 0 (464,443)
Citation 1

Abstract:

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

27.

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 0 (479,984)
Citation 13

Abstract:

spending power, commerce clause, conditional federal spending

28.

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 0 (485,206)
Citation 1

Abstract:

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

29.

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 0 (504,977)
Citation 2

Abstract:

unconstitutional conditions, public assistance, welfare

30.

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 0 (428,234)

Abstract:

spending power, federalism, conditional federal spending

31.

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 0 (495,339)

Abstract:

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

32.

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 0 (344,880)

Abstract:

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

33.

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 0 (459,367)

Abstract:

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

34.

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 0 (509,756)
Citation 2

Abstract:

federalism, spending power, commerce clause

35.

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 0 (418,095)
Citation 8

Abstract:

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

36.

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 A. Young
University of Texas School of Law and Duke University School of Law
Downloads 0 (490,369)
Citation 3

Abstract:

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

37.

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 0 (344,880)

Abstract:

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

38.

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 0 (469,623)
Citation 3

Abstract:

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

39.

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 0 (490,369)

Abstract:

federalism, spending power, Constitution

40.

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 0 (495,339)
Citation 1

Abstract:

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

41.

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 0 (454,203)

Abstract:

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

42.

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 0 (443,690)
Citation 6

Abstract:

federalism, political safeguards, Constitution

43.

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 0 (348,081)

Abstract:

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

44.

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 0 (500,211)
Citation 6

Abstract:

class actions, aggregate settlements, conflicts of interest

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