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 3,333 (7,667)

Abstract:

2.

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 1,965 (17,747)

Abstract:

3.

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 1,850 (19,539)

Citation 3

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 1,376 (30,581)

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 1,019 (47,216)

Abstract:

6.

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 988 (49,281)

Citation 2

Abstract:

7.

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 900 (56,061)

Citation 1

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 801 (65,679)

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 675 (82,008)

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 662 (84,076)

Citation 12

Abstract:

11.

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 661 (84,238)

Citation 1

Abstract:

12.

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 642 (87,437)

Abstract:

13.

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 589 (97,604)

Citation 2

Abstract:

14.

Mediated Popular Constitutionalism

Number of pages: 39 Posted: 12 May 2003

Barry Friedman

New York University School of Law

Downloads 586 (98,265)

Citation 5

Abstract:

15.

The Cycles of Constitutional Theory

Number of pages: 27 Posted: 07 Mar 2005

Barry Friedman

New York University School of Law

Downloads 578 (99,940)

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 578 (99,940)

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 519 (114,301)

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 517 (114,856)

Citation 1

Abstract:

19.

Indiscriminate Data Surveillance

Virginia Law Review, Forthcoming, Virginia Public Law and Legal Theory Research Paper No. 2024-22

Number of pages: 71 Posted: 27 Feb 2024

Barry Friedman and Danielle Keats Citron

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

Downloads 474 (127,485)

Abstract:

20.

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 369 (170,300)

Abstract:

21.

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 331 (191,697)

Citation 1

Abstract:

22.

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 312 (204,106)

Citation 2

Abstract:

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 303 (210,673)

Abstract:

24.

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 302 (211,398)

Abstract:

25.

Policing Police Tech: A Soft Law Solution

37 Berkeley Technology Law Journal 701 (2022)

Number of pages: 57 Posted: 14 May 2022 Last Revised: 07 Mar 2025

Barry Friedman, Farhang Heydari, Max Isaacs and Katie Kinsey

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

Downloads 297 (215,113)

Citation 1

Abstract:

26.

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 296 (215,881)

Abstract:

27.

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 296 (215,881)

Citation 2

Abstract:

28.

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 289 (221,379)

Abstract:

29.

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 279 (229,592)

Abstract:

30.

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 269 (238,337)

Abstract:

31.

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

Southern Methodist University - Dedman 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 266 (241,019)

Abstract:

32.

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 258 (248,542)

Abstract:

33.

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 250 (256,609)

Abstract:

34.

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 229 (279,469)

Abstract:

35.

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 225 (284,314)

Citation 1

Abstract:

36.

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

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

Downloads 222 (287,999)

Citation 2

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

Downloads 214 (298,206)

Citation 1

Abstract:

38.

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 175 (358,729)

Abstract:

39.

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 175 (358,729)

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 148 (413,829)

Citation 1

Abstract:

41.

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 146 (418,316)

Abstract:

42.

Putting Police Body-Worn Camera Footage to Work: A Civil Liberties Evaluation of Truleo’s AI Analytics Platform

46 Cardozo L. Rev. __ (2025) (forthcoming), Vanderbilt Law Research Paper No. 5030758

Number of pages: 41 Posted: 13 Jan 2025 Last Revised: 14 Mar 2025

Farhang Heydari, Max Isaacs, Katie Kinsey, Barry Friedman, Christopher Slobogin and Alissa Heydari

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

Downloads 139 (437,381)

Abstract:

43.

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 131 (455,958)

Abstract:

44.

The Federal Government's Role in Local Policing

109 Virginia L. Rev. 1527 (2023)

Number of pages: 101 Posted: 30 Jan 2024

Barry Friedman, Rachel Harmon and Farhang Heydari

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

Downloads 117 (497,599)

Abstract:

45.

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 Mauleón and Max Isaacs

New York University School of Law, Vanderbilt University - Law School, University of Minnesota - Twin Cities - School of Law and New York University School of Law

Downloads 110 (521,166)

Abstract:

46.

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 95 (577,196)

Abstract:

47.

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 67 (704,718)

Citation 3

Abstract:

48.

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 63 (727,260)

Abstract:

49.

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 61 (738,752)

Abstract:

50.

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 55 (776,648)

Citation 4

Abstract:

51.

Collecting, Analyzing, and Responding to Stop Data: A Guidebook for Law Enforcement Agencies, Government, and Communities

Number of pages: 78 Posted: 18 Apr 2024

Marie Pryor, Farhang Heydari, Phillip Atiba Goff and Barry Friedman

City University of New York (CUNY) - John Jay College of Criminal Justice, Vanderbilt University - Law School, City University of New York (CUNY) - Center for Policing Equity and New York University School of Law

Downloads 46 (841,918)

Abstract:

52.

Regulating Police Robots (Forthcoming 2026)

16 UC Irvine Law Review __ (2026) (forthcoming), Vanderbilt Law Research Paper No. 5164794

Number of pages: 50 Posted: 04 Mar 2025 Last Revised: 14 Mar 2025

Max Isaacs, Barry Friedman and Farhang Heydari

Policing Project at NYU School of Law, New York University School of Law and Vanderbilt University - Law School

Downloads 39 (919,262)

Abstract:

53.

The Constitutionality of Indiscriminate Data Surveillance

University of Pennsylvania Law Review (Forthcoming 2026)

Number of pages: 59

Barry Friedman

New York University School of Law

Downloads 37

Abstract:

54.

Policing Agency Data Trusts (Forthcoming 2026)

Northwestern University Law Review (Forthcoming 2026)

Number of pages: 58 Last Revised: 06 Mar 2025

Barry Friedman

New York University School of Law

Downloads 4

Abstract:

55.

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 of Law

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Scholarly Papers (55)

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