Lee Epstein

University of Southern California

2250 Alcazar Street

Los Angeles, CA 90089

United States

http://epstein.usc.edu/

SCHOLARLY PAPERS

29

DOWNLOADS
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12,919

TOTAL CITATIONS
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Top 7,030

in Total Papers Citations

150

Scholarly Papers (29)

1.

The Roberts Court and the Transformation of Constitutional Protections for Religion: A Statistical Portrait

Supreme Court Review
Number of pages: 27 Posted: 19 Apr 2021
Lee Epstein and Eric A. Posner
University of Southern California and University of Chicago - Law School
Downloads 1,729 (21,035)

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supreme court, religion, first amendment, free exercise

2.

Does Public Opinion Influence the Supreme Court? Possibly Yes (But We’re Not Sure Why)

University of Pennsylvania Journal of Constitutional Law, Vol. 13, No. 263, 2010, Washington University in St. Louis Legal Studies Research Paper No. 12-05-31
Number of pages: 20 Posted: 19 Jun 2012
Lee Epstein and Andrew D. Martin
University of Southern California and University of Michigan at Ann Arbor - College of Literature, Science & the Arts
Downloads 1,525 (25,464)
Citation 5

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Supreme Court, public opinion, judicial decisionmaking, ideology, quantitative methods

3.

Why (and When) Judges Dissent: A Theoretical and Empirical Analysis

U of Chicago Law & Economics, Olin Working Paper No. 510
Number of pages: 41 Posted: 31 Jan 2010
University of Southern California, University of Chicago Law School and University of Chicago Law School
Downloads 1,161 (37,865)
Citation 45

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4.

Inferring the Winning Party in the Supreme Court from the Pattern of Questioning at Oral Argument

University of Chicago Law & Economics, Olin Working Paper No. 466
Number of pages: 41 Posted: 06 Jun 2009 Last Revised: 04 Nov 2009
University of Southern California, University of Chicago Law School and University of Chicago Law School
Downloads 858 (58,010)
Citation 27

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Supreme Court, judicial behavior

5.

A Century of Business in the Supreme Court, 1920-2020

MINNESOTA LAW REVIEW HEADNOTE, Vol. 107, 2022, Virginia Public Law and Legal Theory Research Paper No. 2022-55, Virginia Law and Economics Research Paper No. 2022-16
Number of pages: 26 Posted: 06 Aug 2022 Last Revised: 28 Feb 2023
Lee Epstein and Mitu Gulati
University of Southern California and University of Virginia School of Law
Downloads 857 (58,110)
Citation 8

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Supreme Court, Pro Business

6.

Supreme Court Justices’ Loyalty to the President

Number of pages: 32 Posted: 12 Dec 2015
Lee Epstein and Eric A. Posner
University of Southern California and University of Chicago - Law School
Downloads 793 (64,517)
Citation 5

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Judicial decisionmaking, separation of powers & judicial independence, law & economics public law, empirical studies (law & politics), the judiciary & judicial process, structure of government & separation of powers, law & psychology

7.

Untangling the Causal Effects of Sex on Judging

2nd Annual Conference on Empirical Legal Studies Paper
Number of pages: 46 Posted: 19 Jul 2007
Washington University in St. Louis - Washington University in St. Louis - School of Law, University of Southern California and University of Michigan at Ann Arbor - College of Literature, Science & the Arts
Downloads 671 (80,115)
Citation 38

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8.

The Rules of Inference

University of Chicago Law Review, Vol. 69, No. 1, 2002
Number of pages: 133 Posted: 13 Jan 2008
Lee Epstein and Gary King
University of Southern California and Harvard University
Downloads 647 (83,845)
Citation 8

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9.

The Strategic Analysis of Judicial Decisions

Annual Review of Law and Social Science, Vol. 6, pp. 341-358, 2010
Number of pages: 23 Posted: 14 Nov 2010 Last Revised: 20 Nov 2010
Lee Epstein and Tonja Jacobi
University of Southern California and Emory University School of Law
Downloads 621 (88,399)
Citation 4

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Do Justices Defend the Speech They Hate? In-Group Bias, Opportunism, and the First Amendment

APSA 2013 Annual Meeting Paper, American Political Science Association 2013 Annual Meeting
Number of pages: 16 Posted: 06 Aug 2013
University of Southern California, University of Rhode Island and Stony Brook University
Downloads 458 (127,213)

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Do Justices Defend the Speech They Hate? In-Group Bias, Opportunism, and the First Amendment

APSA 2012 Annual Meeting Paper
Number of pages: 15 Posted: 15 Jul 2012 Last Revised: 26 Aug 2012
University of Southern California, University of Rhode Island and Stony Brook University
Downloads 122 (467,776)
Citation 1

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Supreme Court, First Amendment, ideology, in-group bias

11.

The Decline of Supreme Court Deference to the President

University of Chicago Coase-Sandor Institute for Law & Economics Research Paper No. 800, U of Chicago, Public Law Working Paper No. 618, Washington University in St. Louis Legal Studies Research Paper No. 17-03-04
Number of pages: 29 Posted: 07 Mar 2017 Last Revised: 17 Aug 2017
Lee Epstein and Eric A. Posner
University of Southern California and University of Chicago - Law School
Downloads 442 (134,358)

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12.

Guns, Judges, and Trump

Virginia Public Law and Legal Theory Research Paper No. 2024-51, Virginia Law and Economics Research Paper No. 2024-24, USC Law Legal Studies Paper No. 24-31
Number of pages: 26 Posted: 27 Jun 2024
Rebecca L. Brown, Lee Epstein and Mitu Gulati
USC Gould School of Law, University of Southern California and University of Virginia School of Law
Downloads 439 (135,471)

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Guns, Second Amendment, Trump Judges

13.

The Supreme Court During Crisis: How War Affects Only Non-War Cases

New York University Law Review, Vol. 80, No. 1, pp. 1-116, April 2005
Number of pages: 116 Posted: 10 Jan 2008
Stanford Law School, University of Southern California, Harvard University and Stony Brook University
Downloads 299 (207,087)
Citation 2

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14.

Building an Infrastructure for Empirical Research in the Law

Journal of Legal Education, Vol. 53, pp. 311-320, 2003
Number of pages: 10 Posted: 13 Jan 2008
Lee Epstein and Gary King
University of Southern California and Harvard University
Downloads 287 (216,111)
Citation 1

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15.

Judging Statutes: Thoughts on Statutory Interpretation and Notes for a Project on the Internal Revenue Code

Number of pages: 30 Posted: 26 Jan 2004
University of Southern California, Washington University Law School and Washington University in St. Louis - School of Law
Downloads 251 (247,490)
Citation 3

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Tax, Law, Courts Politics, Empirical

16.

Bell Atlantic v. Twombly and the Future of Pleading in the Federal Courts: A Normative and Empirical Analysis

Northwestern Public Law Research Paper No. 10-13
Number of pages: 57 Posted: 27 Apr 2010 Last Revised: 11 May 2010
Martin H. Redish and Lee Epstein
Northwestern University - Pritzker School of Law and University of Southern California
Downloads 228 (271,761)

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Bell Atlantic v. Twombly, Twombly, Pleading, Federal Courts

17.

Judging Statutes: Interpretive Regimes

Loyola of Los Angeles Law Review, Symposium on Statutory Interpretation, Vol. 38, p. 1909, 2005, Northwestern Public Law Research Paper No. 07-22
Number of pages: 62 Posted: 12 Apr 2007
Washington University Law School, University of Southern California, Washington University in St. Louis - School of Law, University of Birmingham and Temple University - Department of Political Science
Downloads 215 (287,459)

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courts, statutory interpretation, tax, empirical

18.

If Roe Must Go . . . So Must Bruen

Virginia Public Law and Legal Theory Research Paper No. 2024-57, Virginia Law and Economics Research Paper No. 2024-25, USC Law Legal Studies Paper No. 24-30
Number of pages: 44 Posted: 23 Aug 2024
Rebecca L. Brown, Lee Epstein and Mitu Gulati
USC Gould School of Law, University of Southern California and University of Virginia School of Law
Downloads 201 (306,102)

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Bruen, Dobbs, History and Tradition, Originalism

19.

Is the US Supreme Court a Reliable Backstop for An Overreaching US President? Maybe, but Is An Overreaching (Partisan) Court Worse?

Brown, Rebecca L., and Epstein, Lee. 2023. 'Is the US Supreme Court a Reliable Backstop for an Overreaching US president? Maybe, But Is an Overreaching (partisan) Court Worse?' Presidential Studies Quarterly 53: 234– 255. https://doi.org/10.1111/psq.12831, USC Law Legal Studies Paper No. 24-1
Number of pages: 23 Posted: 01 Jul 2023 Last Revised: 22 Jan 2024
Rebecca L. Brown and Lee Epstein
USC Gould School of Law and University of Southern California
Downloads 183 (333,571)

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Court–executive relations, Judicial behavior, Supreme Court

20.

The Constraining Effect of "History and Tradition": A Test

Virginia Public Law and Legal Theory Research Paper No. 2024-63, Virginia Law and Economics Research Paper No. 2024-28, USC Law Legal Studies Paper No. 24-33
Number of pages: 38 Posted: 15 Oct 2024
Rebecca L. Brown, Lee Epstein and Mitu Gulati
USC Gould School of Law, University of Southern California and University of Virginia School of Law
Downloads 180 (338,627)

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originalism, Second Amendment, guns, Heller, Bruen, history and tradition, Supreme Court

21.

Taming Uncivil Discourse: Does Reappropriating Group Insults Work?

Number of pages: 50 Posted: 10 Nov 2017 Last Revised: 12 Nov 2017
Washington University in St. Louis - Department of Political Science, University of Southern California and Washington University in St. Louis - School of Law
Downloads 157 (380,906)

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reappropriation; intergroup conflict; Asian American politics; free speech; racial insults

22.

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
University of Southern California, New York University School of Law and University of Chicago Law School
Downloads 145 (406,749)

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23.

Economic Trends and Judicial Outcomes: A Macrotheory of the Court

Duke Law Journal, Vol. 58, p. 1192, 2009, Northwestern Law & Econ Research Paper No. 10-14
Number of pages: 41 Posted: 30 Jun 2010
Harvard Law School, University of Southern California and Washington University Law School
Downloads 143 (411,318)

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Judicial Decisionmaking, Courts, Empirical Studies, Tax Decisions

24.

Deep in the Shadows?: The Facts About the Emergency Docket

Virginia Law Review, Virginia Public Law and Legal Theory Research Paper No. 2023-41, Virginia Law and Economics Research Paper No. 2023-11
Number of pages: 27 Posted: 08 May 2023 Last Revised: 15 May 2023
Pablo Das, Lee Epstein and Mitu Gulati
White and Case, University of Southern California and University of Virginia School of Law
Downloads 129 (446,037)

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shadow docket, emergency docket, US Supreme Court

25.

Super Medians

Stanford Law Review, Vol. 61, No. 1, 2008
Number of pages: 65 Posted: 06 May 2010
Lee Epstein and Tonja Jacobi
University of Southern California and Emory University School of Law
Downloads 114 (490,155)

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Supreme Court, Median, Ideology, Measurement, Power, Judiciary

26.

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 64 (694,959)
Citation 3

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27.

Reconsidering Judicial Preferences

Annual Review of Political Science, Vol. 16, pp. 11-31, 2013
Posted: 15 May 2013
Lee Epstein and Jack Knight
University of Southern California and Duke University School of Law

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28.

The Judicial Common Space

The Journal of Law, Economics, & Organization, Vol. 23, Issue 2, pp. 303-325, 2007
Posted: 23 Jun 2008
University of Southern California, University of Michigan at Ann Arbor - College of Literature, Science & the Arts, Stony Brook University and University of Arizona - Department of Political Science

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29.

The Ideological Component of Judging in the Taxation Context

Washington University Law Review, Forthcoming, Washington U. School of Law Working Paper No. 07-04-02, Northwestern Public Law Research Paper No. 07-14, Northwestern Law & Econ Research Paper No. 07-01
Posted: 08 Apr 2007
Washington University Law School, University of Southern California and Washington University in St. Louis - School of Law

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courts, tax, empirical