Gary Lawson

Boston University School of Law

765 Commonwealth Avenue

Boston, MA 02215

United States

SCHOLARLY PAPERS

33

DOWNLOADS
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Top 7,787

in Total Papers Downloads

8,263

SSRN CITATIONS
Rank 33,645

SSRN RANKINGS

Top 33,645

in Total Papers Citations

8

CROSSREF CITATIONS

16

Scholarly Papers (33)

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 823 (41,742)

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administrative law, rule of law, delegation

2.

Delegation and Original Meaning

Number of pages: 94 Posted: 27 Oct 2001
Gary Lawson
Boston University School of Law
Downloads 669 (54,949)
Citation 3

Abstract:

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3.

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, David B. Kopel and David B. Kopel
Boston University School of Law and Independence InstituteDenver University - Sturm College of Law
Downloads 566 (67,986)

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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, David B. Kopel and David B. Kopel
Boston University School of Law and Independence InstituteDenver University - Sturm College of Law
Downloads 385 (107,677)

Abstract:

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5.

When Did the Constitution Become Law?

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 381 (108,943)

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6.

The Electoral Count Mess: The Electoral Count Act of 1887 Is Unconstitutional, and Other Fun Facts (Plus a Few Random Academic Speculations) about Counting Electoral Votes

Boston Univ. School of Law, Public Law Research Paper No. 21-07
Number of pages: 41 Posted: 02 Mar 2021 Last Revised: 28 Sep 2021
Jack Michael Beermann and Gary Lawson
Boston University School of Law and Boston University School of Law
Downloads 364 (114,653)

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presidential elections, electoral college, electoral votes, separation of powers

7.

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 364 (114,653)
Citation 1

Abstract:

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rule of law, Scalia, rules, standards

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 328 (128,502)

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

9.

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 325 (129,738)
Citation 3

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Constitutional law, equal protection, fiduciary

10.

The Jeffersonian Treaty Clause

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 272 (155,970)

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treaty, treaty clause, executive power, Jefferson

11.
Downloads 272 (155,970)

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orders, resolutions, votes, presentment, subpoenas

12.

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 271 (156,559)

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precedent, stare decisis, constitution

13.

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 270 (157,154)

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

14.

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 269 (157,754)

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

15.

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 265 (160,177)

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Constitutional Law, Criminal Law, American Legal History

16.

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 239 (177,164)
Citation 1

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rulemaking, administrative law, Vermont Yankee, judicial review

17.

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 211 (199,307)
Citation 1

Abstract:

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18.

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 197 (212,213)

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Scalia, Confrontation Clause, Crawford, Sixth Amendment, originalism

19.

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 195 (214,158)

Abstract:

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constitutional theory, constitutional interpretation, constitutional construction

20.

Controlling Precident: Congressional Regulation of Judicial Decisionmaking

Number of pages: 50 Posted: 31 Jul 2001
Gary Lawson
Boston University School of Law
Downloads 183 (226,422)
Citation 3

Abstract:

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21.

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 167 (244,679)
Citation 4

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Scalia, Interpretation, Textual, Standards of Proof

22.

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 163 (249,730)

Abstract:

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

23.

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

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 156 (259,118)

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due process, procedural due process, takings, regulatory takings

24.

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 142 (279,269)

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originalism, constitutional interpretation, interpretative theory

25.

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 129 (300,614)

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

26.

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 126 (305,882)

Abstract:

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secession

27.

Equivocal Originalism

Forthcoming volume 27, Texas Review of Law and Politics (2022), Boston Univ. School of Law Research Paper No. 22-5
Number of pages: 33 Posted: 07 Mar 2022
Gary Lawson
Boston University School of Law
Downloads 108 (341,003)

Abstract:

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originalism, original meaning, constitutional adjudication, constitutional interpretation

28.

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 105 (347,525)

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stipulations, adjudication, dispute resolution, law declaration, precedent

29.

Bad News for John Marshall

Yale Law Journal, Vol. 121, 2012
Number of pages: 12 Posted: 29 Mar 2015
Gary Lawson, David B. Kopel and David B. Kopel
Boston University School of Law and Independence InstituteDenver University - Sturm College of Law
Downloads 69 (446,206)

Abstract:

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

30.

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 66 (456,625)

Abstract:

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Delegation, Nondelegation, Executive Power

31.

Are People in Federal Territories Part of “We the People of the United States”?

Forthcoming 9 TEX. A & M L. REV. – (2022), Boston Univ. School of Law Research Paper No. 21-26
Number of pages: 48 Posted: 30 Sep 2021
Gary Lawson and Guy I. Seidman
Boston University School of Law and Interdisciplinary Center (IDC) Herzliyah - Radzyner School of Law
Downloads 63 (467,423)

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federal territories, We the People, fiduciary, Preamble

32.

The Epistemology of Second Best

Boston Univ. School of Law, Public Law Research Paper No. 21-03
Number of pages: 34 Posted: 05 Feb 2021 Last Revised: 10 Mar 2021
Gary Lawson
Boston University School of Law
Downloads 63 (467,423)

Abstract:

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33.

What is "United" About the United States?

Forthcoming Boston University Law Review, 2021, Boston Univ. School of Law Research Paper No. 21-21
Number of pages: 20 Posted: 22 Jun 2021
Gary Lawson
Boston University School of Law
Downloads 57 (490,323)

Abstract:

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