Gary Lawson

Boston University School of Law

765 Commonwealth Avenue

Boston, MA 02215

United States

SCHOLARLY PAPERS

27

DOWNLOADS
Rank 6,818

SSRN RANKINGS

Top 6,818

in Total Papers Downloads

6,404

CITATIONS
Rank 29,871

SSRN RANKINGS

Top 29,871

in Total Papers Citations

13

Scholarly Papers (27)

1.

The Return of the King: The Unsavory Origins of Administrative Law

Texas Law Review, Forthcoming, Boston Univ. School of Law, Public Law Research Paper No. 14-46
Number of pages: 34 Posted: 05 Aug 2014
Gary Lawson
Boston University School of Law
Downloads 748 (32,198)
Citation 1

Abstract:

Loading...

administrative law, rule of law, delegation

2.

The PPACA in Wonderland

American Journal of Law & Medicine, Vol. 38, 2012, Boston Univ. School of Law, Public Law Research Paper No. 12-03
Number of pages: 19 Posted: 19 Jan 2012 Last Revised: 20 Mar 2012
Gary Lawson and David B. Kopel
Boston University School of Law and Independence Institute
Downloads 534 (50,261)

Abstract:

Loading...

constitutional, Obamacare, Necessary and Proper, Commerce Clause, taxing power

3.

Delegation and Original Meaning

Virginia Law Review, Vol. 88, April 2002
Number of pages: 94 Posted: 27 Oct 2001
Gary Lawson
Boston University School of Law
Downloads 480 (57,564)
Citation 5

Abstract:

Loading...

4.

Bad News for Professor Koppelman: The Incidental Unconstitutionality of the Individual Mandate

Yale Law Journal Online, Vol. 121, 2011
Number of pages: 26 Posted: 24 Jun 2011 Last Revised: 28 Sep 2011
Gary Lawson and David B. Kopel
Boston University School of Law and Independence Institute
Downloads 358 (81,727)

Abstract:

Loading...

5.

When Did the Constitution Become Law?

Boston Univ. School of Law Working Paper No. 01-7
Number of pages: 49 Posted: 31 Jul 2001
Gary Lawson and Guy I. Seidman
Boston University School of Law and Interdisciplinary Center (IDC) Herzliyah - Radzyner School of Law
Downloads 324 (91,523)
Citation 1

Abstract:

Loading...

6.

The Rule of Law as a Law of Law

Notre Dame Law Review, Forthcoming, Boston Univ. School of Law, Public Law Research Paper No. 14-14, Northwestern Public Law Research Paper No. 14-18
Number of pages: 32 Posted: 21 Mar 2014 Last Revised: 01 Jun 2014
Steven G. Calabresi and Gary Lawson
Northwestern University - Pritzker School of Law and Boston University School of Law
Downloads 323 (91,798)

Abstract:

Loading...

rule of law, Scalia, rules, standards

7.

The Fiduciary Foundations of Federal Equal Protection

Boston Univ. School of Law, Public Law Research Paper No. 13-32
Number of pages: 48 Posted: 28 Jul 2013
Boston University School of Law, Interdisciplinary Center (IDC) Herzliyah - Radzyner School of Law and Independence & Montana Policy Institutes
Downloads 291 (102,866)
Citation 1

Abstract:

Loading...

Constitutional law, equal protection, fiduciary

8.

Appointments and Illegal Adjudication: The AIA Through a Constitutional Lens

George Mason Law Review, Forthcoming, Boston Univ. School of Law, Public Law Research Paper No. 18-01
Number of pages: 54 Posted: 22 Jan 2018
Gary Lawson
Boston University School of Law
Downloads 278 (108,025)

Abstract:

Loading...

American Invents Act, due process of law, due process, appointments clause, patents, inter partes review

9.

Burning Down the House (and Senate): A Presentment Requirement for Legislative Subpoenas Under the Orders, Resolutions, and Votes Clause

Boston Univ. School of Law Working Paper No. 04-07
Number of pages: 22 Posted: 16 Jun 2004
Gary Lawson
Boston University School of Law
Downloads 258 (116,825)

Abstract:

Loading...

orders, resolutions, votes, presentment, subpoenas

10.

The Jeffersonian Treaty Clause

University of Illinois Law Review, 2006
Number of pages: 108 Posted: 23 Jun 2005
Gary Lawson and Guy I. Seidman
Boston University School of Law and Interdisciplinary Center (IDC) Herzliyah - Radzyner School of Law
Downloads 256 (117,764)
Citation 2

Abstract:

Loading...

treaty, treaty clause, executive power, Jefferson

11.

Burying the Constitution Under a Tarp

Harvard Journal of Law and Public Policy, Vol. 33, 2010, Boston University School of Law Working Paper No. 09-31
Number of pages: 22 Posted: 22 Jul 2009
Gary Lawson
Boston University School of Law
Downloads 251 (120,217)

Abstract:

Loading...

The Emergency Economic Stabilization Act of 2008, EESA, the bank bailout bill, American Constitutionalism, separation of powers, securities

12.

The Constitutionality of Decolonization by Associated Statehood: Puerto Rico's Legal Status Reconsidered

Boston College Law Review, Vol. 50, 2009, Boston Univ. School of Law Working Paper No. 09-19
Number of pages: 72 Posted: 09 Apr 2009 Last Revised: 23 Sep 2009
Gary Lawson and Robert D. Sloane
Boston University School of Law and Boston University - School of Law
Downloads 251 (120,217)
Citation 1

Abstract:

Loading...

Puerto Rico, associated state, Appointments Clause, Territories Clause, decolonization, Trusteeship Council, self-determination

13.

Reprocessing Vermont Yankee

Boston Univ. School of Law Working Paper No. 06-25
Number of pages: 57 Posted: 24 Aug 2006
Gary Lawson and Jack Michael Beermann
Boston University School of Law and Boston University School of Law
Downloads 199 (150,549)
Citation 2

Abstract:

Loading...

rulemaking, administrative law, Vermont Yankee, judicial review

14.

Why Robert Mueller’s Appointment As Special Counsel Was Unlawful

Northwestern Public Law Research Paper No. 19-01 , Notre Dame Law Review, Forthcoming
Number of pages: 93 Posted: 31 Jan 2019 Last Revised: 06 Mar 2019
Steven G. Calabresi and Gary Lawson
Northwestern University - Pritzker School of Law and Boston University School of Law
Downloads 180 (165,090)

Abstract:

Loading...

Constitutional Law, Criminal Law, American Legal History

15.

Controlling Precident: Congressional Regulation of Judicial Decisionmaking

Boston Univ. School of Law Working Paper No. 01-8
Number of pages: 50 Posted: 31 Jul 2001
Gary Lawson
Boston University School of Law
Downloads 177 (167,576)
Citation 4

Abstract:

Loading...

16.

Confronting Crawford: Justice Scalia, the Judicial Method, and the Limits(?) of Originalism

University of Chicago Law Review, Forthcoming, Boston Univ. School of Law, Public Law Research Paper No. 17-42
Number of pages: 29 Posted: 02 Oct 2017
Gary Lawson
Boston University School of Law
Downloads 172 (171,875)

Abstract:

Loading...

Scalia, Confrontation Clause, Crawford, Sixth Amendment, originalism

17.

Classical Liberal Constitution or Classical Liberal Construction?

NYU Journal of Law & Liberty, Forthcoming, Boston Univ. School of Law, Law and Economics Research Paper No. 14-2
Number of pages: 31 Posted: 09 Jan 2014
Gary Lawson
Boston University School of Law
Downloads 171 (172,766)

Abstract:

Loading...

constitutional theory, constitutional interpretation, constitutional construction

18.

Mostly Unconstitutional: The Case Against Precedent Revisited

Ave Maria Law Review, Vol. 5, No. 1, p. 1, 2007
Number of pages: 22 Posted: 20 Mar 2013
Gary Lawson
Boston University School of Law
Downloads 165 (178,197)
Citation 5

Abstract:

Loading...

precedent, stare decisis, constitution

19.

Did Justice Scalia Have a Theory of Interpretation?

Notre Dame Law Review, Forthcoming, Boston Univ. School of Law, Public Law Research Paper No. 17-01
Number of pages: 32 Posted: 10 Jan 2017
Gary Lawson
Boston University School of Law
Downloads 149 (194,189)

Abstract:

Loading...

Scalia, Interpretation, Textual, Standards of Proof

20.

'Oh Lord, Please Don't Let Me Be Misunderstood!': Rediscovering the Mathews V. Eldridge and Penn Central Frameworks

Notre Dame Law Review, Vol. 81, 2005
Number of pages: 69 Posted: 23 Jun 2005
Boston University School of Law, Boston University and Government of the United States of America - Environment and Natural Resource
Downloads 148 (195,286)

Abstract:

Loading...

due process, procedural due process, takings, regulatory takings

21.

Take the Fifth... Please!: The Original Insignificance of the Fifth Amendment's Due Process of Law Clause

Brigham Young University Law Review, Forthcoming, Boston Univ. School of Law, Public Law Research Paper No. 17-21
Number of pages: 61 Posted: 11 Jul 2017
Gary Lawson
Boston University School of Law
Downloads 146 (197,420)
Citation 1

Abstract:

Loading...

Due Process, Fifth Amendment, Fourteenth Amendment, Original Meaning, Principle of Legality.

22.

Reflections of an Empirical Reader (Or: Could Fleming Be Right This Time?)

Boston Univ. School of Law, Public Law Research Paper No. 15-46
Number of pages: 31 Posted: 06 Nov 2015
Gary Lawson
Boston University School of Law
Downloads 123 (225,958)

Abstract:

Loading...

originalism, constitutional interpretation, interpretative theory

23.

By Any Other Name: Rational Basis Inquiry and the Federal Government's Fiduciary Duty of Care

Boston Univ. School of Law, Public Law Research Paper No. 16-29
Number of pages: 31 Posted: 15 Aug 2016
Gary Lawson and Guy I. Seidman
Boston University School of Law and Interdisciplinary Center (IDC) Herzliyah - Radzyner School of Law
Downloads 116 (236,114)

Abstract:

Loading...

duty of care, fiduciary, rational basis, substantive due process, original meaning

24.

One(?) Nation Over-Extended

Boston Univ. School of Law, Public Law Research Paper No. 14-3
Number of pages: 23 Posted: 12 Jan 2014
Gary Lawson
Boston University School of Law
Downloads 115 (237,577)

Abstract:

Loading...

secession

25.

Stipulating the Law

Michigan Law Review, Vol. 109, Forthcoming, Boston Univ. School of Law Working Paper No. 10-27
Number of pages: 68 Posted: 16 Sep 2010
Gary Lawson
Boston University School of Law
Downloads 99 (263,615)

Abstract:

Loading...

stipulations, adjudication, dispute resolution, law declaration, precedent

26.

Representative/Senator Trump?

21 Chapman Law Review — (Forthcoming), Boston Univ. School of Law, Public Law Research Paper No. 17-39
Number of pages: 29 Posted: 14 Aug 2017
Gary Lawson
Boston University School of Law
Downloads 59 (355,097)

Abstract:

Loading...

Delegation, Nondelegation, Executive Power

27.

Bad News for John Marshall

Yale Law Journal, Vol. 121, 2012
Number of pages: 12 Posted: 29 Mar 2015
Gary Lawson and David B. Kopel
Boston University School of Law and Independence Institute
Downloads 33 (447,652)

Abstract:

Loading...

Necessary and Proper Clause, Incidental powers, Obamacare, Affordable Care Act