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Gary Lawson

Boston University School of Law

765 Commonwealth Avenue

Boston, MA 02215

United States

  • Boston University School of Law

    • Email
    • Tel: 617-353-3812
SCHOLARLY PAPERS

26

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CITATIONS
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Top 15,265

in Total Papers Citations

23

Scholarly Papers (26)

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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 508 (30,063)

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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 508 (45,607)

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

3.

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 333 (76,247)

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4.

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 324 (60,501)
Citation 10

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5.

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
Gary Lawson, Guy I. Seidman and Robert G. Natelson
Boston University School of Law, Interdisciplinary Center (IDC) Herzliyah - Radzyner School of Law and Independence & Montana Policy Institutes
Downloads 279 (97,053)

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Constitutional law, equal protection, fiduciary

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 267 (85,761)
Citation 4

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7.

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 231 (109,339)
Citation 1

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orders, resolutions, votes, presentment, subpoenas

8.

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 224 (108,896)
Citation 2

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treaty, treaty clause, executive power, Jefferson

9.

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 213 (110,698)

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

10.

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 191 (114,011)

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

11.

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 167 (102,028)

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rule of law, Scalia, rules, standards

12.

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 158 (154,835)

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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 136 (155,634)
Citation 1

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rulemaking, administrative law, Vermont Yankee, judicial review

14.

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 128 (163,094)

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constitutional theory, constitutional interpretation, constitutional construction

15.

'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
Gary Lawson, Katharine Ferguson and Guillermo A. Montero
Boston University School of Law, Boston University and Government of the United States of America - Environment and Natural Resource
Downloads 121 (185,346)
Citation 2

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due process, procedural due process, takings, regulatory takings

16.

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 91 (221,534)

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secession

17.

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 80 (246,770)

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stipulations, adjudication, dispute resolution, law declaration, precedent

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 64 (204,078)
Citation 3

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precedent, stare decisis, constitution

19.

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 9 (441,252)

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

20.

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 0 (206,634)

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

21.

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 0 (164,876)

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Scalia, Confrontation Clause, Crawford, Sixth Amendment, originalism

22.

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 0 (409,988)

Abstract:

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Delegation, Nondelegation, Executive Power

23.

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 0 (210,524)

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

24.

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 0 (183,193)

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Scalia, Interpretation, Textual, Standards of Proof

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 0 (225,964)

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

26.

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 0 (213,157)

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originalism, constitutional interpretation, interpretative theory