Author Page for Barry Friedman

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 1,350 (13,409)

Abstract:

2.

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

New York University Law Review, May 1998

Number of pages: 240 Posted: 18 Feb 1998

Barry Friedman

New York University School of Law

Downloads 1,055 (19,521)

Abstract:

3.

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 798 (29,267)

Abstract:

4.

'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 670 (37,172)

Abstract:

5.

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 618 (41,346)

Abstract:

6.

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

University of Cincinnati Law Review, Vol. 72, p. 1257, 2004

Number of pages: 48 Posted: 10 Dec 2004

Barry Friedman

New York University School of Law

Downloads 581 (44,877)

Abstract:

7.

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 574 (45,583)

Abstract:

8.

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 558 (47,276)

Abstract:

9.

Mediated Popular Constitutionalism

Michigan Law Review, Vol. 101

Number of pages: 39 Posted: 12 May 2003

Barry Friedman

New York University School of Law

Downloads 530 (50,455)

Abstract:

10.

The Cycles of Constitutional Theory

Law and Contemporary Problems, Vol. 67, p. 149, 2004

Number of pages: 27 Posted: 07 Mar 2005

Barry Friedman

New York University School of Law

Downloads 529 (50,574)

Abstract:

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 518 (51,959)

Abstract:

12.

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

Georgetown Law Journal, Vol. 91, 2002

Number of pages: 94 Posted: 25 Nov 2002

Barry Friedman

New York University School of Law

Downloads 493 (55,294)

Abstract:

13.

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

NYU Law School, Public Law Research Paper No. 24

Number of pages: 102 Posted: 22 Sep 2000

Barry Friedman

New York University School of Law

Downloads 485 (56,473)

Abstract:

14.

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

University of Pennsylvania Law Review, Vol. 148, No. 4, April 2000

Number of pages: 81 Posted: 05 Apr 2000

Barry Friedman

New York University School of Law

Downloads 455 (61,139)

Abstract:

15.

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 355 (82,039)

Abstract:

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 New York University School of Law

Downloads 341 (85,956)

Abstract:

17.

Shared Constitutional Interpretation after Dickerson

Supreme Court Review

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 294 (101,145)

Abstract:

18.

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 276 (108,274)

Abstract:

19.

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 251 (119,563)

Abstract:

20.

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 247 (121,467)

Abstract:

21.

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

Columbia Law Review, Vol. 104, June 2004

Number of pages: 58 Posted: 22 Mar 2004

Barry Friedman

New York University School of Law

Downloads 218 (137,480)

Abstract:

22.

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 212 (141,197)

Abstract:

23.

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 210 (142,481)

Abstract:

24.

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 201 (148,407)

Abstract:

25.

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 193 (154,168)

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 Unaffiliated Authors

Downloads 185 (160,127)

Abstract:

27.

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 185 (160,127)

Abstract:

28.

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 156 (185,809)

Abstract:

29.

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

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

Downloads 152 (189,971)

Abstract:

30.

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 130 (215,565)

Abstract:

31.

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 111 (242,287)

Abstract:

32.

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 82 (295,337)

Abstract:

33.

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 18 (523,548)

Abstract:

34.

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 13 (552,588)

Abstract:

35.

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 5 (601,563)

Abstract:

36.

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 (36)

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Other Papers (1)

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