Barry Friedman

New York University School of Law

Jacob D. Fuchsberg Professor

40 Washington Square South

Room 317

New York, NY 10012-1099

United States

SCHOLARLY PAPERS

48

DOWNLOADS
Rank 2,611

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Top 2,611

in Total Papers Downloads

18,867

SSRN CITATIONS
Rank 7,571

SSRN RANKINGS

Top 7,571

in Total Papers Citations

39

CROSSREF CITATIONS

133

Scholarly Papers (48)

1.

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 2,762 (6,635)

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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 1,551 (16,638)
Citation 2

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3.

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 1,228 (23,633)
Citation 19

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4.

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 908 (36,424)

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5.

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 794 (43,776)
Citation 1

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6.

'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 729 (49,066)

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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 711 (50,715)
Citation 2

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8.

What is Public Safety?

Boston University Law Review, Forthcoming, 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: 30 Jun 2021
Barry Friedman
New York University School of Law
Downloads 702 (51,576)

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9.

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 599 (63,298)
Citation 9

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10.

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 597 (63,564)

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11.

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 558 (69,193)
Citation 2

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12.

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 557 (69,353)
Citation 3

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13.

The Cycles of Constitutional Theory

Number of pages: 27 Posted: 07 Mar 2005
Barry Friedman
New York University School of Law
Downloads 555 (69,633)

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14.

Mediated Popular Constitutionalism

Number of pages: 39 Posted: 12 May 2003
Barry Friedman
New York University School of Law
Downloads 553 (69,988)
Citation 5

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15.

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 521 (75,362)
Citation 5

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16.

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 507 (77,930)
Citation 1

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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 481 (83,056)
Citation 2

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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 419 (97,633)

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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 304 (139,229)
Citation 1

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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 283 (149,909)

Abstract:

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21.

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 264 (160,785)
Citation 2

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22.

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 262 (162,012)

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23.

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 247 (171,608)

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24.

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 237 (178,593)

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25.

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
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 224 (188,332)

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26.

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 222 (189,940)
Citation 1

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27.

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 221 (190,762)

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28.

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 216 (195,034)

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29.

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 214 (196,707)

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30.

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 194 (215,137)
Citation 1

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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 193 (216,077)

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32.

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 171 (239,827)

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33.

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 137 (287,160)

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34.

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
Washington University in St. Louis - School of Law, New York University School of Law and University of Chicago Law School
Downloads 125 (307,728)

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35.

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 121 (315,133)

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36.

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 103 (351,986)
Citation 1

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37.

Lawless Surveillance

97 N.Y.U. L. Rev. (2022 Forthcoming), NYU School of Law, Public Law Research Paper Forthcoming
Number of pages: 62 Posted: 17 May 2022
Barry Friedman
New York University School of Law
Downloads 80 (411,352)

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38.

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, Policing Project, NYU School of Law, New York University School of Law and NYU Law
Downloads 67 (453,163)

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39.

Private Data/Public Regulation

NSTL 2105 Hoover (2021), NYU School of Law, Public Law Research Paper Forthcoming
Number of pages: 28 Posted: 24 May 2022
Barry Friedman
New York University School of Law
Downloads 43 (551,880)

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40.

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

59 Amer. Crim. L. Rev (2022 Forthcoming), NYU Law and Economics Research Paper Forthcoming
Number of pages: 50 Posted: 18 May 2022
Barry Friedman
New York University School of Law
Downloads 42 (556,865)

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41.

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 42 (556,865)

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42.

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 Washington University in St. Louis - School of Law
Downloads 32 (611,022)
Citation 1

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43.

Dysfunction, Deference, and Judicial Review

29 Geo. Mason. L. Rev. 2 (2022) (with MargaretH.Lemos), NYU Law and Economics Research Paper Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2022-30
Number of pages: 22 Posted: 18 May 2022
Barry Friedman and Margaret H. Lemos
New York University School of Law and Duke University School of Law
Downloads 28 (636,172)

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44.

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

Number of pages: 60 Posted: 24 May 2022
Barry Friedman, Farhang Heydari, Max Isaacs and Julian Clark
New York University School of Law, Policing Project, NYU School of Law, New York University School of Law and New York University School of Law
Downloads 20 (693,851)

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45.

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
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 20 (693,851)
Citation 2

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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 18 (709,531)

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47.

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

Number of pages: 56 Posted: 23 Jun 2022
New York University School of Law, Policing Project, NYU School of Law, Independent and New York University School of Law
Downloads 5 (827,542)

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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

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Other Papers (1)

Total Downloads: 68
1.

Ducking Trouble: Supreme Court Agenda-Setting and Congressional Constraint

1st Annual Conference on Empirical Legal Studies Paper
Number of pages: 51 Posted: 03 Jul 2006
Anna Harvey and Barry Friedman
New York University Department of Politics and New York University School of Law
Downloads 68

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