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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

  • New York University School of Law

    • Email
    • Tel: 212-998-6293
    • Fax: 212-995-4030
SCHOLARLY PAPERS

31

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CITATIONS
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175

Scholarly Papers (31)

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1.

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 1,168 (11,484)
Citation 15

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 902 (18,392)
Citation 17

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 617 (28,793)
Citation 19

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 556 (33,050)

Abstract:

5.

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 537 (39,119)
Citation 13

Abstract:

6.

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 489 (43,626)
Citation 3

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 488 (41,509)

Abstract:

8.

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 476 (40,796)
Citation 5

Abstract:

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 473 (42,825)
Citation 31

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10.

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 431 (46,453)
Citation 12

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11.

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 422 (49,374)
Citation 4

Abstract:

12.

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 417 (50,611)
Citation 11

Abstract:

13.

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 411 (53,475)
Citation 12

Abstract:

14.

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 272 (78,664)

Abstract:

15.

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 271 (88,835)

Abstract:

16.

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 246 (94,757)

Abstract:

17.

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 234 (102,978)
Citation 17

Abstract:

18.

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 225 (106,580)

Abstract:

19.

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 190 (121,985)
Citation 6

Abstract:

20.

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 188 (121,436)

Abstract:

21.

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 179 (125,445)

Abstract:

22.

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 178 (129,003)
Citation 1

Abstract:

23.

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 178 (131,584)
Citation 1

Abstract:

24.

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 150 (148,777)

Abstract:

25.

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 California, Irvine School of Law
Downloads 141 (155,280)

Abstract:

26.

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 119 (188,219)
Citation 8

Abstract:

27.

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 110 (169,114)

Abstract:

28.

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 56 (288,249)

Abstract:

29.

Divide & Concur: Separate Opinions & Legal Change

Cornell Law Review, Forthcoming, NYU School of Law, Public Law Research Paper No. 17-11
Number of pages: 55 Posted: 31 Mar 2017
Thomas B. Bennett, Barry Friedman, Andrew D. Martin and Susan Navarro Smelcer
Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C., 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 0 (237,891)

Abstract:

30.

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 0 (107,037)

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 0 (223,323)

Abstract:

Other Papers (1)

Total Downloads: 59    Citations: 0
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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 56

Abstract:

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