Stuart Minor Benjamin

Duke University School of Law

Professor of Law

210 Science Drive

Box 90362

Durham, NC 27708

United States

  • Duke University School of Law

    • Email
    • Tel: 919-613-7275
    • Fax: 919-613-7231
SCHOLARLY PAPERS

25

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4,819

TOTAL CITATIONS
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Top 41,238

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9

Scholarly Papers (25)

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1.

Fixing Innovation Policy: A Structural Perspective

George Washington Law Review, Vol. 77, No. 1, 2008, Duke Science, Technology & Innovation Paper No. 29, Duke Law School Public Law & Legal Theory Paper No. 218
Number of pages: 88 Posted: 28 Aug 2008 Last Revised: 15 Jul 2023
Stuart Minor Benjamin and Arti K. Rai
Duke University School of Law and Duke University School of Law
Downloads 536 (112,562)
Citation 1

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Innovation, Agencies, President, Executive Branch, Comments, Empirical, Regulation, Regulatory Review, OIRA

2.

Spectrum Abundance and the Choice between Private and Public Control

New York University Law Review, Vol. 78, December 2003, AEI-Brookings Joint Center Working Paper No. 03-3
Number of pages: 96 Posted: 26 Sep 2006
Stuart Minor Benjamin
Duke University School of Law
Downloads 522 (116,266)
Citation 4

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radio spectrum, network abundance, private versus public control

3.

Who's Afraid of the APA? What the Patent System Can Learn from Administrative Law

Georgetown Law Journal, Vol. 95, p. 269, 2007, Duke Science, Technology & Innovation Paper No. 8, Duke Law School Legal Studies Paper No. 109
Number of pages: 68 Posted: 18 Apr 2006 Last Revised: 15 Jul 2023
Stuart Minor Benjamin and Arti K. Rai
Duke University School of Law and Duke University School of Law
Downloads 447 (140,299)
Citation 2

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Federal Circuit, Patents, Intellectual Property, Administrative Law, Administrative Procedure Act, Innovation, Agencies, President, Executive Branch, Judicial Review

4.

Algorithms and Speech

University of Pennsylvania Law Review, Vol. 161, No. 1445, 2013
Number of pages: 49 Posted: 01 Jun 2013 Last Revised: 15 Jul 2023
Stuart Minor Benjamin
Duke University School of Law
Downloads 302 (216,798)

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First Amendment, Speech, Machines, Human, Non-Human, Computer, Program, Algorithm, Search Engine, Substantive Communication, Substantive Editing, Turner

5.

Mr. Presidential Candidate: Whom Would You Nominate?

Loyola Los Angeles Law. Review, Vol. 42, p. 293, 2009, Duke Law School Public Law & Legal Theory Paper No. 214
Number of pages: 42 Posted: 06 Jul 2008 Last Revised: 19 May 2016
Stuart Minor Benjamin and Mitu Gulati
Duke University School of Law and University of Virginia School of Law
Downloads 301 (217,529)

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6.

Anti-Patents

91 University of Chicago Law Review 239 (2024), Duke Law School Public Law & Legal Theory Series No. 2023-24
Number of pages: 39 Posted: 03 Apr 2023 Last Revised: 08 Mar 2024
Roy Baharad, Stuart Minor Benjamin and Ehud Guttel
Hebrew University of Jerusalem - Hebrew University, Duke University School of Law and Hebrew University of Jerusalem - Faculty of Law
Downloads 271 (244,570)

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Patents, Torts, Intellectual Property, Innovation, Invention, Injurers, Incentives, Liability

7.

Twenty-First Century Split: Partisan, Racial, and Gender Differences in Circuit Judges Following Earlier Opinions

49 Brigham Young University Law Review 367 (2023), Duke Law School Public Law & Legal Theory Series No. 2023-21
Number of pages: 98 Posted: 15 Mar 2023 Last Revised: 04 Mar 2024
Stuart Minor Benjamin, Kevin M. Quinn and ByungKoo Kim
Duke University School of Law, Emory University School of Law and KDI School of Public Policy and Management
Downloads 224 (293,115)

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judges, courts, partisanship, ideological differences, partisan differences, racial differences, gender differences, judging, empirical, party, Republicans, Democrats, Shepard's, judicial

8.

Evaluating the Federal Communications Commission's National Television Ownership Cap: What's Bad for Broadcasting is Good for the Country

William & Mary Law Review, Vol. 46, p. 439, 2004, Duke Science, Technology & Innovation Paper No. 3
Number of pages: 73 Posted: 28 Nov 2005 Last Revised: 20 Jul 2009
Stuart Minor Benjamin
Duke University School of Law
Downloads 211 (310,425)

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9.

Proactive Legislation and the First Amendment

Number of pages: 85 Posted: 15 May 2000
Stuart Minor Benjamin
Duke University School of Law
Downloads 209 (313,165)

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10.

Bootstrapping

75 Law and Contemporary Problems 115 (2012)
Number of pages: 29 Posted: 29 Oct 2011 Last Revised: 21 Dec 2014
Stuart Minor Benjamin
Duke University School of Law
Downloads 204 (320,462)

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bootstrap, individual mandate, aggrandizement, conditions precedent, slippery slope, path dependence, EMTALA, Affordable Care Act

11.

The Paradoxical Impact of Scalia's Campaign Against Legislative History

105 Cornell Law Review 1023 (2020), Duke Law School Public Law & Legal Theory Series No. 2020-27
Number of pages: 70 Posted: 01 Jun 2020 Last Revised: 20 Aug 2020
Stuart Minor Benjamin and Kristen Renberg
Duke University School of Law and Duke University School of Law
Downloads 201 (324,821)

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Statutory interpretation, statutory construction, legislation, federal courts, courts of appeals, circuit courts, supreme court, legislative history, textualism, purposivism, intentionalism, committee reports, conference reports, floor statements, committee hearings, citation, judicial decision maki

12.

Transmitting, Editing, and Communicating: Determining What 'The Freedom of Speech' Encompasses

Duke Law Journal, Vol. 60, No. 8, p. 1673, 2011
Number of pages: 41 Posted: 14 May 2011 Last Revised: 15 Jul 2023
Stuart Minor Benjamin
Duke University School of Law
Downloads 198 (329,427)

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First Amendment, Speech, Net Neutrality, Substantive Editing, Substantive Communication, Transmission, Sending, Internet Access, Turner

13.

Roasting the Pig to Burn Down the House: A Modest Proposal

Journal on Telecommunications & High Technology Law, Vol. 7, 2009, Duke Law School Public Law & Legal Theory Paper No. 251
Number of pages: 13 Posted: 14 Oct 2008 Last Revised: 02 Jun 2009
Stuart Minor Benjamin
Duke University School of Law
Downloads 187 (347,306)

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14.

Evaluating E-Rulemaking: Public Participation and Political Institutions

Duke Law Journal, Vol. 55, p. 893, 2006, Duke Law School Legal Studies Paper No. 137
Number of pages: 50 Posted: 06 Nov 2006 Last Revised: 15 Jul 2023
Stuart Minor Benjamin
Duke University School of Law
Downloads 166 (386,020)

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Erulemaking, Comments, Agencies, Experimentation, Administrative Procedure Act, Public, Participation

15.

Tennis with the Net Down: Administrative Federalism Without Congress

Duke Law Journal, Vol. 57, No. 7, 2008, Duke Public Law & Legal Theory Paper No. 224
Number of pages: 46 Posted: 16 Nov 2008 Last Revised: 16 Dec 2008
Stuart Minor Benjamin and Ernest Young
Duke University School of Law and Duke University School of Law
Downloads 126 (483,904)

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16.

Judicial Retirements and the Staying Power of U.S. Supreme Court Decisions

Journal of Empirical Legal Studies, Vol. 13, Issue 1, pp. 5-26, 2016
Number of pages: 28 Posted: 27 Feb 2023 Last Revised: 15 Jul 2023
Stuart Minor Benjamin and Georg Vanberg
Duke University School of Law and Duke University - Department of Political Science
Downloads 113 (525,956)
Citation 2

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judges, courts, justices, Supreme Court, retirements, deaths, turnover, empirical, Shepard's, judicial

17.

Standing the Test of Time: The Breadth of Majority Coalitions and the Fate of U.S. Supreme Court Precedents

The Journal of Legal Analysis, Vol. 4, No. 2, 2012
Number of pages: 25 Posted: 18 Sep 2012 Last Revised: 15 Jul 2023
Stuart Minor Benjamin and Bruce A. Desmarais
Duke University School of Law and Pennsylvania State University
Downloads 108 (544,003)

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judges, courts, justices, Supreme Court, empirical, Shepard's, judicial, coalitions, majorities, ideology

18.

Administrative Power in the Era of Patent Stare Decisis

Duke Law Journal, Vol.65, Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2016-25
Number of pages: 37 Posted: 26 Apr 2016 Last Revised: 06 Jun 2016
Stuart Minor Benjamin and Arti K. Rai
Duke University School of Law and Duke University School of Law
Downloads 105 (555,470)

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Patents, Administrative Law, Chevron, Stare Decisis

19.

The Logic of Scarcity: Idle Spectrum as a First Amendment Violation

Duke Law Journal, Vol. 52, No. 1, 2002, U of Texas Law, Public Law Research Paper No. 35
Number of pages: 111 Posted: 23 Jun 2002
Stuart Minor Benjamin
Duke University School of Law
Downloads 101 (571,386)

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spectrum, scarcity, first amendment

20.

Stepping into the Same River Twice: Rapidly Changing Facts and the Appellate Process

Texas Law Review, Vol. 78, No. 2, December 1999
Number of pages: 123 Posted: 08 Sep 1999 Last Revised: 15 Jul 2023
Stuart Minor Benjamin
Duke University School of Law
Downloads 98 (583,128)

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Appellate, Appeals, Circuit, Altered, Stale, Outdated, Facts, Factual, Rapidly Changing, Continually Changing, Updating, Revising, Precedent, Stare Decisis, Internet

21.

Ships Passing in the Night: The Communications Act and the Convergence on Broadband

37 Berkeley Technology Law Journal 527 (2022), Duke Law School Public Law & Legal Theory Series No. 2023-06
Number of pages: 40 Posted: 04 Jan 2023 Last Revised: 22 Mar 2023
Stuart Minor Benjamin
Duke University School of Law
Downloads 65 (740,580)

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Telecommunications, Broadband, Internet, Regulation

22.

Common Sense and Key Questions

127 Harvard Law Review Forum 346 (2014), Duke I&E Research Paper No. 2017-10
Number of pages: 5 Posted: 02 May 2017
Stuart Minor Benjamin
Duke University School of Law
Downloads 60 (771,803)

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23.

Equal Protection and the Special Relationship: The Case of Native Hawaiians

Yale Law Journal, Vol. 106, No. 537, 1996
Number of pages: 76 Posted: 16 Jun 2020
Stuart Minor Benjamin
Duke University School of Law
Downloads 53 (820,653)

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Equal Protection, Indian Tribes, Native Americans, Native Hawaiians, Strict Scrutiny

24.

Partisan Panel Composition and Reliance on Earlier Opinions in the Circuit Courts

1 Journal of Law and Empirical Analysis 2 (2024)
Number of pages: 13 Posted: 18 Jan 2024 Last Revised: 10 Mar 2025
Stuart Minor Benjamin, ByungKoo Kim and Kevin M. Quinn
Duke University School of Law, KDI School of Public Policy and Management and Emory University School of Law
Downloads 11 (1,259,200)

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judges, courts, panels, partisanship, ideological differences, partisan differences, judging, empirical, party, Republicans, Democrats, Shepard's, judicial

25.

Telecommunications Law and Policy

UC Berkeley Public Law Research Paper No. 61; U of Texas Law, Public Law Research Paper No. 28
Posted: 02 Aug 2001
Stuart Minor Benjamin, Douglas Lichtman and Howard A. Shelanski
Duke University School of Law, University of California, Los Angeles (UCLA) - School of Law and Georgetown University Law Center

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