Author Page for Barry Friedman

Disaggregating the Police Function

U. Pa. L. Rev. (2020-21 Forthcoming), NYU Law and Economics Research Paper No. 20-03, NYU School of Law, Public Law Research Paper No. 20-3

Number of pages: 76 Posted: 06 Apr 2020 Last Revised: 27 Jun 2021

Barry Friedman

New York University School of Law

Downloads 3,137 (6,930)

Abstract:

2.

The Politics of Judicial Review

Texas Law Review, Vol. 84, p. 257, 2005, NYU, Law and Economics Research Paper No. 06-05, NYU Law School, Public Law Research Paper No. 06-04

Number of pages: 82 Posted: 25 Jan 2006

Barry Friedman

New York University School of Law

Downloads 1,664 (18,757)

Citation 2

Abstract:

3.

What is Public Safety?

102 B. U. L. Rev. (2022), NYU Law and Economics Research Paper No. 21-05, NYU School of Law, Public Law Research Paper No. 21-14

Number of pages: 66 Posted: 19 Mar 2021 Last Revised: 19 Sep 2022

Barry Friedman

New York University School of Law

Downloads 1,347 (25,800)

Abstract:

4.

The History of the Countermajoritarian Difficulty, Part One: The Road to Judicial Supremacy

Number of pages: 240 Posted: 18 Feb 1998

Barry Friedman

New York University School of Law

Downloads 1,302 (27,093)

Citation 21

Abstract:

5.

Taking Law Seriously

Perspectives on Politics, Vol. 4, No. 2, June 2006, NYU, Law and Economics Research Paper No. 06-19, NYU Law School, Public Law Research Paper No. 06-08

Number of pages: 17 Posted: 14 Apr 2006

Barry Friedman

New York University School of Law

Downloads 964 (41,750)

Abstract:

6.

The Importance of Being Positive: The Nature and Function of Judicial Review

Number of pages: 48 Posted: 10 Dec 2004

Barry Friedman

New York University School of Law

Downloads 847 (49,908)

Citation 1

Abstract:

7.

The Wages of Stealth Overruling (With Particular Attention to Miranda v. Arizona)

Georgetown Law Journal, 2010, NYU School of Law, Public Law Research Paper No. 10-42

Number of pages: 66 Posted: 25 Jul 2010

Barry Friedman

New York University School of Law

Downloads 797 (54,310)

Citation 2

Abstract:

8.

'To Regulate,' Not 'To Prohibit': Limiting the Commerce Power

Supreme Court Review, Vol. 2012, NYU School of Law, Public Law and Legal Theory, Research Paper No. 13-13, NYU School of Law, Law and Economics, Research Paper No. 13-10

Number of pages: 67 Posted: 04 Apr 2013 Last Revised: 23 May 2013

Barry Friedman and Genevieve Lakier

New York University School of Law and University of Chicago Law School

Downloads 781 (55,712)

Abstract:

9.

Reconstruction's Political Court: The History of the Countermajoritarian Difficulty, Part Two

Number of pages: 94 Posted: 25 Nov 2002

Barry Friedman

New York University School of Law

Downloads 625 (74,423)

Citation 3

Abstract:

10.

The Birth of an Academic Obsession: The History of the Countermajoritarian Difficulty, Part Five

Yale Law Journal, Vol. 112, p. 153, 2002, NYU School of Law, Public Law Research Paper No. 50

Number of pages: 107 Posted: 25 Nov 2002 Last Revised: 11 Nov 2011

Barry Friedman

New York University School of Law

Downloads 620 (75,172)

Citation 12

Abstract:

11.

The Sedimentary Constitution

Vanderbilt Law School, Joe C. Davis Working Paper No. 99-6

Number of pages: 87 Posted: 10 Feb 1998

Barry Friedman and Scott Smith

New York University School of Law and affiliation not provided to SSRN

Downloads 620 (75,172)

Abstract:

12.

Democratic Policing

New York University Law Review, Vol. 90, 2015, NYU School of Law, Public Law Research Paper No. 15-53

Number of pages: 84 Posted: 25 Nov 2015

Barry Friedman and Maria Ponomarenko

New York University School of Law and University of Texas School of Law

Downloads 577 (82,127)

Citation 1

Abstract:

13.

Mediated Popular Constitutionalism

Number of pages: 39 Posted: 12 May 2003

Barry Friedman

New York University School of Law

Downloads 574 (82,716)

Citation 5

Abstract:

14.

Fixing Law Reviews

Duke Law Journal, Vol. 67, No. 7, April 2018, NYU School of Law, Public Law Research Paper No. 17-29

Number of pages: 85 Posted: 02 Aug 2017 Last Revised: 11 May 2018

Barry Friedman

New York University School of Law

Downloads 571 (83,255)

Citation 2

Abstract:

15.

The Cycles of Constitutional Theory

Number of pages: 27 Posted: 07 Mar 2005

Barry Friedman

New York University School of Law

Downloads 564 (84,565)

Abstract:

16.

The History of the Countermajoritarian Difficulty, Part Three: The Lesson of Lochner

Number of pages: 102 Posted: 22 Sep 2000

Barry Friedman

New York University School of Law

Downloads 551 (87,034)

Citation 5

Abstract:

17.

The History of the Countermajoritarian Difficulty, Part Four: Law?S Politics

Number of pages: 81 Posted: 05 Apr 2000

Barry Friedman

New York University School of Law

Downloads 499 (98,348)

Citation 2

Abstract:

18.

Becoming Supreme: The Federal Foundation of Judicial Supremacy

Columbia Law Review, Vol. 100, No. 2, 2011, NYU School of Law, Public Law Research Paper No. 11-61

Number of pages: 56 Posted: 19 Sep 2011

Barry Friedman and Erin F. Delaney

New York University School of Law and Northwestern University - Pritzker School of Law

Downloads 469 (105,993)

Citation 1

Abstract:

19.

Shared Constitutional Interpretation after Dickerson

Number of pages: 80 Posted: 22 Sep 2000

Barry Friedman and Michael C. Dorf

New York University School of Law and Cornell Law School

Downloads 321 (162,475)

Citation 1

Abstract:

20.

Discipline and Method: The Making of the Will of the People

Michigan State Law Review, Vol. 2010, p. 877-920, NYU School of Law, Public Law Research Paper No. 11-33

Number of pages: 45 Posted: 20 May 2011

Barry Friedman

New York University School of Law

Downloads 290 (180,731)

Abstract:

21.

Reconstructing Reconstruction: Some Problems for Originalists (and for Everyone Else, Too)

Journal of Constitutional Law, Vol. 11, No. 5, 2009, NYU School of Law, Public Law Research Paper No. 09-32

Number of pages: 39 Posted: 21 May 2009

Barry Friedman

New York University School of Law

Downloads 281 (186,603)

Abstract:

22.

Under the Law of Federal Jurisdiction: Allocating Cases between Federal and State Courts

Number of pages: 58 Posted: 22 Mar 2004

Barry Friedman

New York University School of Law

Downloads 277 (189,380)

Abstract:

23.

Pulling Punches: Congressional Constraints on the Supreme Court's Constitutional Rulings, 1987-2000

Legislative Studies Quarterly, Vol. 31, No. 4, November 2006, NYU Law School, Public Law Research Paper No. 07-11, NYU Law and Economics Research Paper No. 07-24

Number of pages: 31 Posted: 24 Jul 2007

Anna Harvey and Barry Friedman

New York University Department of Politics and New York University School of Law

Downloads 275 (190,783)

Citation 2

Abstract:

24.

The Story of Ex Parte Young: Once Controversial, Now Canon

Federal Courts Stories, Forthcoming, NYU School of Law, Public Law Research Paper No. 09-33

Number of pages: 27 Posted: 22 May 2009

Barry Friedman

New York University School of Law

Downloads 273 (192,276)

Abstract:

25.

Policing’s Information Problem

NYU School of Law, Public Law Research Paper No. 19-39, NYU Law and Economics Research Paper No. 19-33

Number of pages: 66 Posted: 13 Sep 2019

Barry Friedman and Elizabeth Janszky

New York University School of Law and New York University School of Law

Downloads 268 (195,768)

Citation 1

Abstract:

26.

A Course Unbroken: The Constitutional Legitimacy of the Dormant Commerce Clause

Virginia Law Review, Vol. 97, p. 1877, 2011, NYU School of Law, Public Law Research Paper No. 12-01

Number of pages: 63 Posted: 12 Jan 2012 Last Revised: 17 Feb 2012

Barry Friedman and Daniel Deacon

New York University School of Law and University of Michigan Law School

Downloads 252 (208,160)

Abstract:

27.

Divide & Concur: Separate Opinions & Legal Change

103 Cornell L. Rev. 817, NYU School of Law, Public Law Research Paper No. 17-11

Number of pages: 63 Posted: 31 Mar 2017 Last Revised: 26 Jun 2018

Thomas B. Bennett, Barry Friedman, Andrew D. Martin and Susan Navarro Smelcer

University of Missouri at Columbia - University of Missouri School of Law, New York University School of Law, University of Michigan at Ann Arbor - College of Literature, Science & the Arts and Georgia State University - College of Law

Downloads 243 (215,674)

Abstract:

28.

Reply: The Will of the People and the Process of Constitutional Change

George Washington Law Review, Forthcoming, NYU School of Law, Public Law Research Paper No. 10-41

Number of pages: 24 Posted: 23 Jul 2010

Barry Friedman

New York University School of Law

Downloads 243 (215,674)

Abstract:

29.

How to Talk About the Constitution

Yale Journal of Law & the Humanities Volume 25, Issue 1, p. 69, Winter 2013, NYU School of Law, Public Law Research Paper No. 13-20

Number of pages: 33 Posted: 26 Apr 2013

Sara Aronchick Solow and Barry Friedman

Independent and New York University School of Law

Downloads 242 (216,563)

Abstract:

30.

Lawless Surveillance

97 N.Y.U. L. Rev. (2022), NYU School of Law, Public Law Research Paper No. 22-28

Number of pages: 63 Posted: 17 May 2022 Last Revised: 19 Sep 2022

Barry Friedman

New York University School of Law

Downloads 236 (221,899)

Abstract:

31.

Looking for Law in All the Wrong Places: Some Suggestions for Modeling Legal Decision-making

WHAT'S LAW GOT TO DO WITH IT? WHAT JUDGES DO AND WHAT TO DO ABOUT IT, Charles Geyh, ed., Stanford, 2011, NYU School of Law, Public Law Research Paper No. 11-25, NYU Law and Economics Research Paper No. 11-09

Number of pages: 44 Posted: 18 May 2011 Last Revised: 10 Jun 2011

Barry Friedman and Andrew D. Martin

New York University School of Law and University of Michigan at Ann Arbor - College of Literature, Science & the Arts

Downloads 212 (245,646)

Abstract:

32.

Toward a Political Theory of Constitutional Default Rules

Florida State University Law Review, Vol. 33, No. 3, Spring 2006, NYU Law School, Public Law Research Paper No. 06-09, NYU, Law and Economics Research Paper No. 06-20

Number of pages: 73 Posted: 21 Apr 2006

John A. Ferejohn and Barry Friedman

NYU Law School and New York University School of Law

Downloads 202 (256,808)

Citation 2

Abstract:

33.

Community Advisory Boards: What Works and What Doesn't (Lessons from a National Study)

47 Am. J. Crim. L. 2 (2021), NYU School of Law, Public Law Research Paper No. 21-25

Number of pages: 23 Posted: 27 Jun 2021 Last Revised: 02 Sep 2021

Barry Friedman and Julian Clark

New York University School of Law and New York University School of Law

Downloads 192 (268,791)

Abstract:

34.

Taking Warrants Seriously

Northwestern University Law Review, Vol. 106, Issue 4, 2012, Forthcoming, NYU School of Law, Public Law Research Paper No. 12-46, NYU Law and Economics Research Paper No. 12-29

Number of pages: 69 Posted: 13 Sep 2012

Oren Bar-Gill and Barry Friedman

Harvard Law School and New York University School of Law

Downloads 185 (277,666)

Citation 1

Abstract:

35.

Policing Police Tech: A Soft Law Solution

Berkeley Technology Law Journal, Vol. 37, 2022

Number of pages: 57 Posted: 14 May 2022

Barry Friedman, Farhang Heydari, Max Isaacs and Katie Kinsey

New York University School of Law, Vanderbilt Law School, New York University School of Law and NYU Law

Downloads 184 (278,977)

Abstract:

36.

Ducking Trouble: Congressionally-Induced Selection Bias in the Supreme Court's Agenda

Journal of Politics, April 2009 , NYU School of Law, Public Law Research Paper No. 09-17, NYU Law and Economics Research Paper No. 09-12

Number of pages: 50 Posted: 02 Apr 2009

Anna Harvey and Barry Friedman

New York University Department of Politics and New York University School of Law

Downloads 161 (313,042)

Abstract:

37.

Ring & Neighbors Public Safety Service: A Civil Rights & Civil Liberties Audit

NYU School of Law, Public Law Research Paper No. 22-32

Number of pages: 61 Posted: 24 May 2022 Last Revised: 19 Sep 2022

Barry Friedman, Farhang Heydari, Max Isaacs and Julian Clark

New York University School of Law, Vanderbilt Law School, New York University School of Law and New York University School of Law

Downloads 157 (319,822)

Abstract:

38.

Foreword: Testing the Constitution

New York University Law Review, Vol. 90, No. 4, 2015, NYU School of Law, Public Law Research Paper No. 15-50, NYU Law and Economics Research Paper No. 15-22

Number of pages: 41 Posted: 07 Nov 2015

Lee Epstein, Barry Friedman and Geoffrey R. Stone

University of Southern California, New York University School of Law and University of Chicago Law School

Downloads 138 (354,860)

Abstract:

39.

Are Police the Key to Public Safety?: The Case of the Unhoused

59 Amer. Crim. L. Rev (2022), NYU School of Law, Public Law Research Paper No. 22-29

Number of pages: 51 Posted: 18 May 2022 Last Revised: 19 Sep 2022

Barry Friedman

New York University School of Law

Downloads 126 (380,321)

Abstract:

40.

The Federal Right to an Adequate Education

George Washington Law Review, Vol. 81, 2013, NYU School of Law, Public Law Research Paper No. 13-27

Number of pages: 66 Posted: 15 May 2013

Barry Friedman and Sara Aronchick Solow

New York University School of Law and Independent

Downloads 125 (382,685)

Citation 1

Abstract:

41.

Private Data/Public Regulation

NSTL 2105 Hoover (2021), NYU School of Law, Public Law Research Paper No. 22-35

Number of pages: 29 Posted: 24 May 2022 Last Revised: 19 Sep 2022

Barry Friedman

New York University School of Law

Downloads 96 (461,862)

Abstract:

42.

Dysfunction, Deference, and Judicial Review

29 Geo. Mason. L. Rev. 2 (2022) (with MargaretH.Lemos), NYU School of Law, Public Law Research Paper No. 22-30, Duke Law School Public Law & Legal Theory Series No. 2022-30

Number of pages: 23 Posted: 18 May 2022 Last Revised: 19 Sep 2022

Barry Friedman and Margaret H. Lemos

New York University School of Law and Duke University School of Law

Downloads 75 (536,650)

Abstract:

43.

Civil Rights & Civil Liberties Audit of Baltimore's Aerial Investigation Research (AIR) Program

NYU School of Law, Public Law Research Paper No. 22-38

Number of pages: 57 Posted: 23 Jun 2022 Last Revised: 19 Sep 2022

Barry Friedman, Farhang Heydari, Emmanuel Mauleon and Max Isaacs

New York University School of Law, Vanderbilt Law School, Independent and New York University School of Law

Downloads 55 (628,986)

Abstract:

44.

On the Role of Ideological Homogeneity in Generating Consequential Constitutional Decisions

University of Pennsylvania Journal of Constitutional Law, Vol. 10, No. 2, 2008, NYU School of Law, Public Law Research Paper

Number of pages: 26 Posted: 27 Jun 2018

Nancy C. Staudt, Barry Friedman and Lee Epstein

Washington University Law School, New York University School of Law and University of Southern California

Downloads 50 (656,582)

Citation 2

Abstract:

45.

Policing the Pandemic

U. Chi. L. Rev. Online (Nov. 16, 2020), https://lawreviewblog.uchicago.edu/2020/11/16/covid-friedman, NYU School of Law, Public Law Research Paper No. 21-24

Number of pages: 12 Posted: 27 Jun 2021 Last Revised: 02 Sep 2021

Barry Friedman and Robin Tholin

New York University School of Law and New York University School of Law

Downloads 48 (668,068)

Abstract:

46.

The Fragmentation of Federal Rules

Mercer Law Review Vol. 46, NYU School of Law, Public Law Research Paper

Number of pages: 38 Posted: 27 Jun 2018

Erwin Chemerinsky and Barry Friedman

University of California, Berkeley - School of Law and New York University School of Law

Downloads 47 (674,064)

Abstract:

47.

Who Controls the Content of Supreme Court Opinions?

American Journal of Political Science, Vol. 56, No. 2, NYU School of Law, Public Law Research Paper

Number of pages: 13 Posted: 27 Jun 2018

Clifford Carrubba, Barry Friedman, Andrew D. Martin and Georg Vanberg

Emory University - Department of Political Science, New York University School of Law, University of Michigan at Ann Arbor - College of Literature, Science & the Arts and Duke University - Department of Political Science

Downloads 39 (725,786)

Citation 4

Abstract:

48.

When Rights Encounter Reality: Enforcing Federal Remedies

Southern California Law Review, Vol. 65, 1992

Posted: 30 Aug 2018

Barry Friedman

New York University School of Law

Barry Friedman

New York University School of Law

Jacob D. Fuchsberg Professor

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Scholarly Papers (48)

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