Gary Lawson

Boston University School of Law

765 Commonwealth Avenue

Boston, MA 02215

United States

SCHOLARLY PAPERS

28

DOWNLOADS
Rank 7,030

SSRN RANKINGS

Top 7,030

in Total Papers Downloads

6,828

SSRN CITATIONS
Rank 34,730

SSRN RANKINGS

Top 34,730

in Total Papers Citations

5

CROSSREF CITATIONS

15

Scholarly Papers (28)

1.

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

Texas Law Review, Forthcoming
Number of pages: 34 Posted: 05 Aug 2014
Gary Lawson
Boston University School of Law
Downloads 781 (33,749)

Abstract:

Loading...

administrative law, rule of law, delegation

2.

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 565 (51,927)
Citation 2

Abstract:

Loading...

3.

The PPACA in Wonderland

American Journal of Law & Medicine, Vol. 38, 2012
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 536 (55,537)

Abstract:

Loading...

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

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 360 (89,705)

Abstract:

Loading...

5.

The Rule of Law as a Law of Law

Notre Dame Law Review, Forthcoming
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 339 (96,072)
Citation 1

Abstract:

Loading...

rule of law, Scalia, rules, standards

6.

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 336 (96,986)

Abstract:

Loading...

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 303 (108,666)
Citation 3

Abstract:

Loading...

Constitutional law, equal protection, fiduciary

8.

Appointments and Illegal Adjudication: The AIA Through a Constitutional Lens

George Mason Law Review, Forthcoming
Number of pages: 54 Posted: 22 Jan 2018
Gary Lawson
Boston University School of Law
Downloads 301 (109,461)

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 262 (126,794)

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 261 (127,306)

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
Number of pages: 22 Posted: 22 Jul 2009
Gary Lawson
Boston University School of Law
Downloads 257 (129,390)

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
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 252 (131,952)

Abstract:

Loading...

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

13.

Why Robert Mueller’s Appointment As Special Counsel Was Unlawful

Northwestern Public Law Research Paper No. 19-01
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 239 (139,092)

Abstract:

Loading...

Constitutional Law, Criminal Law, American Legal History

14.

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 221 (150,086)
Citation 1

Abstract:

Loading...

rulemaking, administrative law, Vermont Yankee, judicial review

15.

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 199 (165,538)

Abstract:

Loading...

precedent, stare decisis, constitution

16.

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

University of Chicago Law Review, Forthcoming
Number of pages: 29 Posted: 02 Oct 2017
Gary Lawson
Boston University School of Law
Downloads 180 (181,317)

Abstract:

Loading...

Scalia, Confrontation Clause, Crawford, Sixth Amendment, originalism

17.

Classical Liberal Constitution or Classical Liberal Construction?

NYU Journal of Law & Liberty, Forthcoming
Number of pages: 31 Posted: 09 Jan 2014
Gary Lawson
Boston University School of Law
Downloads 180 (181,317)

Abstract:

Loading...

constitutional theory, constitutional interpretation, constitutional construction

18.

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 179 (182,264)
Citation 3

Abstract:

Loading...

19.

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

Brigham Young University Law Review, Forthcoming
Number of pages: 61 Posted: 11 Jul 2017
Gary Lawson
Boston University School of Law
Downloads 155 (206,064)

Abstract:

Loading...

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

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 153 (208,362)

Abstract:

Loading...

due process, procedural due process, takings, regulatory takings

21.

Did Justice Scalia Have a Theory of Interpretation?

Notre Dame Law Review, Forthcoming
Number of pages: 32 Posted: 10 Jan 2017
Gary Lawson
Boston University School of Law
Downloads 152 (209,509)
Citation 2

Abstract:

Loading...

Scalia, Interpretation, Textual, Standards of Proof

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 136 (229,112)

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 122 (249,046)

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 117 (256,923)

Abstract:

Loading...

secession

25.

Stipulating the Law

Michigan Law Review, Vol. 109, Forthcoming
Number of pages: 68 Posted: 16 Sep 2010
Gary Lawson
Boston University School of Law
Downloads 100 (286,602)

Abstract:

Loading...

stipulations, adjudication, dispute resolution, law declaration, precedent

26.

Representative/Senator Trump?

21 Chapman Law Review — (Forthcoming)
Number of pages: 29 Posted: 14 Aug 2017
Gary Lawson
Boston University School of Law
Downloads 60 (384,944)

Abstract:

Loading...

Delegation, Nondelegation, Executive Power

27.

Mr. Gorsuch, Meet Mr. Marshall: A Private-Law Framework for the Public-Law Puzzle of Subdelegation

Forthcoming in American Enterprise Institute
Number of pages: 46 Posted: 26 May 2020
Gary Lawson
Boston University School of Law
Downloads 47 (433,625)

Abstract:

Loading...

28.

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 35 (479,667)

Abstract:

Loading...

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