Jason Mazzone

University of Illinois College of Law

Albert E. Jenner, Jr. Professor of Law

504 E. Pennsylvania Avenue

Champaign, IL 61820

United States

SCHOLARLY PAPERS

39

DOWNLOADS
Rank 3,609

SSRN RANKINGS

Top 3,609

in Total Papers Downloads

19,165

SSRN CITATIONS
Rank 40,090

SSRN RANKINGS

Top 40,090

in Total Papers Citations

10

CROSSREF CITATIONS

14

Scholarly Papers (39)

1.

Copyfraud

Brooklyn Law School, Legal Studies Paper No. 40, New York University Law Review, Vol. 81, p. 1026, 2006
Number of pages: 75 Posted: 25 Aug 2005
Jason Mazzone
University of Illinois College of Law
Downloads 6,837 (2,050)
Citation 1

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Copyright, copyright misuse, public domain, fraud, licensing

2.

The Bill of Rights in the Early State Courts

Brooklyn Law School, Legal Studies Paper No. 82, Minnesota Law Review, Vol. 92, p. 1, 2007
Number of pages: 82 Posted: 25 Jun 2007 Last Revised: 15 Jan 2008
Jason Mazzone
University of Illinois College of Law
Downloads 2,073 (14,629)

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Bill of Rights, incorporation, federalism, judicial federalism, parity, state courts, federal jurisdiction, antebellum courts

3.

Unamendments

Iowa Law Review, Vol. 90, p. 1747, 2005
Number of pages: 109 Posted: 26 Sep 2005
Jason Mazzone
University of Illinois College of Law
Downloads 1,650 (20,931)
Citation 4

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Constitutional amendments, Article V, Bill of Rights, Reconstruction, Fourteenth Amendment

4.

The Garland Affair: What History and the Constitution Really Say About President Obama's Powers to Appoint a Replacement for Justice Scalia

NYU Law Review, Vol. 91, p. 53, On-Line Features (2016)
Number of pages: 62 Posted: 22 Mar 2016 Last Revised: 24 Nov 2017
Robin Bradley Kar and Jason Mazzone
University of Illinois College of Law and University of Illinois College of Law
Downloads 1,364 (27,852)

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Scalia, Garland, Obama, Supreme Court, Vacancy, Appointment, Democrat, Republican, Fortas, Confirmation, Hearing, Constitution, Separation of Powers, Court, Judicial Activism, Originalism, Nominee, Nomination, Clerk

5.

Facebook's Afterlife

North Carolina Law Review, Vol. 90, No. 5, pp. 1643-1685 (2012), Illinois Public Law Research Paper No. 13-05
Number of pages: 45 Posted: 07 Sep 2012 Last Revised: 22 Aug 2014
Jason Mazzone
University of Illinois College of Law
Downloads 953 (46,565)
Citation 1

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Facebook, digital assets, social networking, deceased users, intellectual property assets, wills, online accounts, digital afterlife

6.

From Selma to Ferguson: The Voting Rights Act as a Blueprint for Police Reform

105 California Law Review 263 (2017)
Number of pages: 72 Posted: 13 Feb 2016 Last Revised: 21 Mar 2017
Jason Mazzone and Stephen Rushin
University of Illinois College of Law and Loyola University Chicago School of Law
Downloads 778 (61,495)
Citation 1

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constitutional law, voting rights act, police misconduct, police reform, civil rights

7.

The Creation of a Constitutional Culture

Tulsa Law Review, Vol. 40, p. 671, 2005, Brooklyn Law School, Legal Studies Paper No. 47
Number of pages: 29 Posted: 27 Oct 2005
Jason Mazzone
University of Illinois College of Law
Downloads 575 (90,371)
Citation 2

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constitutional culture, constitutional history, civic associations, ordinary Americans, nationalism, republican government

8.

The Security Constitution

UCLA Law Review, Vol. 53, No. 29, 2005, Brooklyn Law School, Legal Studies Paper No. 32
Number of pages: 124 Posted: 03 Feb 2006
Jason Mazzone
University of Illinois College of Law
Downloads 458 (119,330)

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homeland security, war on terror, terrorism, national security, protection, federalism

9.

The Waiver Paradox

Northwestern University Law Review, Vol. 97, No. 2, pp. 801-878, Winter 2003
Number of pages: 78 Posted: 02 Oct 2006
Jason Mazzone
University of Illinois College of Law
Downloads 413 (134,617)

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constitutional rights, waiver, juries, criminal rights, guilty pleas, waiving rights, unconstitutional conditions

10.

When the Supreme Court is Not Supreme

Northwestern University Law Review, Vol. 104, p. 979, 2010, Brooklyn Law School Legal Studies Research Paper No. 131
Number of pages: 89 Posted: 25 Feb 2009 Last Revised: 09 Jan 2011
Jason Mazzone
University of Illinois College of Law
Downloads 343 (165,550)

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state courts, federalism, habeas corpus, Judiciary Act, constitutional interpretation, federal courts, supremacy, judicial power, Supreme Court, judicial federalism

11.

Interconstitutionalism

University of Illinois College of Law Legal Studies Research Paper No. 22-24
Number of pages: 74 Posted: 01 Feb 2022 Last Revised: 06 Dec 2022
Jason Mazzone and Cem Tecimer
University of Illinois College of Law and Harvard University, Harvard Law School
Downloads 309 (184,826)

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constitutional change, textualism, originalism, constitutional creation, living constitutionalism, constitutional amendment, constitutional theory

12.

Administering Fair Use

William & Mary Law Review, Vol. 51, p. 395, 2009, Brooklyn Law School, Legal Studies Paper No. 138
Number of pages: 44 Posted: 18 Mar 2009 Last Revised: 09 Dec 2009
Jason Mazzone
University of Illinois College of Law
Downloads 292 (196,229)
Citation 2

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copyright, fair use, administrative agencies, intellectual property, markets, agency regulation, copyright infringement, digital delivery, Kindle, licensing, software, e-books, NFL, overreaching. copyfraud, copyright abuse

13.

The Social Capital Argument for Federalism

Southern California Interdisciplinary Law Journal, Vol. 11, pp. 27-62, 2001
Number of pages: 36 Posted: 29 Sep 2006
Jason Mazzone
University of Illinois College of Law
Downloads 260 (220,652)

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federalism, social capital, constitutional design, federalist system, government structure

14.

Batson Remedies

Iowa Law Review, Vol. 97, pp. 1613-1633, 2012, Illinois Public Law Research Paper No. 13-07
Number of pages: 22 Posted: 04 Oct 2012 Last Revised: 12 Dec 2012
Jason Mazzone
University of Illinois College of Law
Downloads 243 (235,893)

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Batson, peremptory challenges, jury selection, juries, discrimination, criminal justice

15.
Downloads 220 (259,435)
Citation 1

The Commandeerer in Chief

Brooklyn Law School, Legal Studies Paper No. 64
Number of pages: 100 Posted: 10 Jan 2007
Jason Mazzone
University of Illinois College of Law
Downloads 152 (360,034)
Citation 1

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emergencies, federalism, katrina, terrorism, natural disaster, commandeering, homeland security, FEMA, states, New Orleans

The Commandeerer in Chief

Notre Dame Law Review, Vol. 83, 2007, Brooklyn Law School, Legal Studies Paper No. 64
Number of pages: 89 Posted: 21 Jan 2008 Last Revised: 28 Jan 2008
Jason Mazzone
University of Illinois College of Law
Downloads 68 (630,877)

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emergencies, federalism, Katrina, terrorism, natural disaster, commandeering, homeland security, FEMA, states, New Orleans

16.

The Secret Life of Patents

Washburn Law Journal, Vol. 48, No. 33, 2008, Brooklyn Law School, Legal Studies Paper No. 126
Number of pages: 35 Posted: 14 Jan 2009
Jason Mazzone and Matthew P. Moore
University of Illinois College of Law and Independent
Downloads 194 (291,128)

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patents, trade secrets, overreaching, patent reform,trade secret law, digital age, espionage, theft, leaks

17.

The Rise and Fall of Human Rights: A Sceptical Account of Multilevel Governance

Cambridge Journal of International & Comparative Law, vol. 3, issue 3 (2014), University of Illinois College of Law Legal Studies Research Paper No. 15-07
Number of pages: 32 Posted: 15 Dec 2014 Last Revised: 24 Dec 2014
Jason Mazzone
University of Illinois College of Law
Downloads 175 (319,121)

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human rights, constitutional rights, treaties, federalism, multilevel governance, localism, judicial dialogue, universalism, universal human rights

18.

The Power to 'Try' 'Cases of Impeachment': Some Reflections on the Finality, Transparency and Integrity of Senate Adjudications of Presidential Impeachments (Including that of Donald J. Trump)

CHICAGO-KENT LAW REVIEW 2020, University of Illinois College of Law Legal Studies Research Paper No. 22-14
Number of pages: 19 Posted: 11 Apr 2022 Last Revised: 23 May 2022
Vikram D. Amar and Jason Mazzone
University of California, Davis - School of Law and University of Illinois College of Law
Downloads 160 (344,752)

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19.

The Case for Returning Politicians to the Supreme Court

Hastings Law Journal, Vol. 61, p. 1353, 2010, Brooklyn Law School, Legal Studies Paper No. 204
Number of pages: 55 Posted: 29 Sep 2010
Robert F. Alleman and Jason Mazzone
Independent and University of Illinois College of Law
Downloads 148 (367,658)

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Supreme Court, Judicial Confirmations, Confirmation Hearings, Politicians, Judiciary Committee, Confirming Judges, Judicial Service

20.

The Justice and the Jury

Brooklyn Law Review, Vol. 72, No. 35, 2006, Brooklyn Law School, Legal Studies Paper No. 67
Number of pages: 26 Posted: 20 Nov 2006
Jason Mazzone
University of Illinois College of Law
Downloads 148 (367,658)

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Blackmun, Greenhouse, Supreme Court, juries, participation, democracy

21.

Federalism Unwritten

2013 University of Illinois Law Review 1871, Illinois Public Law Research Paper No. 14-19
Number of pages: 65 Posted: 24 Nov 2013 Last Revised: 26 Nov 2013
Jason Mazzone
University of Illinois College of Law
Downloads 135 (395,356)

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federalism; militia; Affordable Care Act; insurance mandate; popular constitutionalism; constitutional practice; constitutional norms; Akhil Amar; unwritten constitution; arms; Second Amendment

22.

Political Trust, Social Trust, and Judicial Review

University of Illinois College of Law Legal Studies Research Paper No. 22-25
Number of pages: 36 Posted: 10 Feb 2022
Jason Mazzone
University of Illinois College of Law
Downloads 130 (407,156)

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judicial review, countermajoritarian difficulty, Ely, democracy, political trust, social trust

23.

Obamacare and Problems of Legal Scholarship

University of Illinois Law Review, Vol. 2014, No. 4, 2014, University of Illinois College of Law Legal Studies Research Paper No. 15-04
Number of pages: 8 Posted: 15 Oct 2014
Jason Mazzone
University of Illinois College of Law
Downloads 130 (407,156)
Citation 1

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Obamacare, legal scholarship, Patient Protection and Affordable Care Act, law professors, Commerce Clause, constitutional scholarship, advocacy, analysis

24.

State Attorneys General as Agents of Police Reform

69 Duke Law Journal 999 (2020), University of Illinois College of Law Legal Studies Research Paper No. 19-24
Number of pages: 75 Posted: 27 Feb 2019 Last Revised: 11 Feb 2020
Jason Mazzone and Stephen Rushin
University of Illinois College of Law and Loyola University Chicago School of Law
Downloads 128 (411,922)

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police, policing, standing, injunction, equitable relief, civil right, police accountability, federal courts, constitutional law

25.

Subprecedents

University of Illinois College of Law Legal Studies Research Paper No. 18-18
Number of pages: 38 Posted: 22 May 2018
Jason Mazzone
University of Illinois College of Law
Downloads 115 (446,377)

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stare decisis, Kozel, precedent, subprecedent, Casey, overruling, super-precedent

26.

Federalism as Docket Control

University of Illinois College of Law Legal Studies Research Paper No. 15-18
Number of pages: 92 Posted: 04 Mar 2015
Jason Mazzone and Carl Woock
University of Illinois College of Law and University of Illinois College of Law
Downloads 106 (473,808)

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Lopez, Morrison, judicial independence, federalism revolution, Rehnquist Court, docket control, Marbury

27.

Reply to Ed Whelan on the Garland Affair

The National Review, Forthcoming, University of Illinois College of Law Legal Studies Research Paper No. 16-27
Number of pages: 16 Posted: 14 Jun 2016 Last Revised: 05 Sep 2023
Robin Bradley Kar and Jason Mazzone
University of Illinois College of Law and University of Illinois College of Law
Downloads 103 (483,694)

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Garland, Scalia, Obama, Appointment, Vacancy, Supreme Court, Confirmation, Politicization, Grassley, McConnell, separation of powers, presidential power, executive power, advice, consent, advice and consent, whelan

28.

Copyright Easements

Akron Law Review, Vol. 50, No. 4, 2017, University of Illinois College of Law Legal Studies Research Paper, No. 18-6
Number of pages: 40 Posted: 24 Aug 2017 Last Revised: 06 Nov 2017
Jason Mazzone
University of Illinois College of Law
Downloads 102 (486,920)

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Fair Use, Property Easements, Intellectual Property Easements, Reforming Copyright, Creative Commons, Copyright Contracts, Private Ordering, Law and Norms, Intellectual Property Norms, Intellectual Property Contracts, Copyright Contracts, Self-Help

29.

Radical State Constitutionalism

University of Illinois Law Review, Vol. 2020, No. 5, 2020, University of Illinois College of Law Legal Studies Research Paper No. 21-04
Number of pages: 14 Posted: 23 Nov 2020
Jason Mazzone
University of Illinois College of Law
Downloads 91 (524,467)

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30.

The Impact of the COVID-19 Pandemic on State Court Proceedings: Five Key Findings

University of Illinois College of Law Legal Studies Research Paper No. 22-20, Institute of Government and Public Affairs Research Paper
Number of pages: 12 Posted: 13 May 2022
University of Illinois College of Law, University of Illinois at Urbana-Champaign - Institute of Government and Public Affairs (IGPA), The University of Illinois at Urbana-Champaign, University of Illinois College of Law and National Center for State Courts
Downloads 88 (535,641)
Citation 1

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policy, impact, courts, covid, pandemic, proceedings, affected, lawyers, mitigation

31.

Reply to Michael Ramsey on the Garland Affair

University of Illinois College of Law Legal Studies Research Paper No. 16-28
Number of pages: 7 Posted: 16 Jun 2016 Last Revised: 22 Nov 2017
Robin Bradley Kar and Jason Mazzone
University of Illinois College of Law and University of Illinois College of Law
Downloads 82 (559,147)

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Garland, Scalia, Obama, Appointment, Vacancy, Supreme Court, Confirmation, Politicization, Grassley, McConnell, separation of powers, presidential power, executive power, advice, consent, advice and consent, whelan

32.

Me the People

31 CONSTITUTIONAL COMMENTARY 143 (2017), University of Illinois College of Law Legal Studies Research Paper No. 16-21
Number of pages: 33 Posted: 14 May 2016 Last Revised: 19 Jul 2017
Jason Mazzone
University of Illinois College of Law
Downloads 72 (602,218)

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Randy Barnett, Republican constitution, originalism, consolidation, federalism, judicial review, foot voting,

33.

Constitutional Small Talk

37 Constitutional Commentary 13 (2022), University of Illinois College of Law Legal Studies Research Paper No. 23-11
Number of pages: 14 Posted: 18 Oct 2022
Jason Mazzone
University of Illinois College of Law
Downloads 64 (640,915)

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Akhil Amar, The Words That Made Us, constitutional culture, federalism, judges, juries, security, press

34.

The Incorporation of the Republican Guarantee Clause

Notre Dame Law Review, Vol. 97, No. 4, 2022, University of Illinois College of Law Legal Studies Research Paper No. 23-10
Number of pages: 42 Posted: 02 Jun 2022
Jason Mazzone
University of Illinois College of Law
Downloads 56 (683,955)
Citation 1

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Reconstruction, republicanism, Plessy, guarantee clause, fourteenth amendment

35.

Amendmentphobia

3 Italian Law Journal 133 (2017), University of Illinois College of Law Legal Studies Research Paper No. 18-5
Number of pages: 5 Posted: 21 Jul 2017 Last Revised: 06 Nov 2017
Jason Mazzone
University of Illinois College of Law
Downloads 50 (720,006)

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constitutional amendment; Italian constitutional system; amendmentphobia; constitutional change

36.

Amending the Amendment Procedures of Article V

Duke Journal of Constitutional Law & Public Policy, Vol. 13, No. 2, 2018, University of Illinois College of Law Legal Studies Research Paper No. 18-30
Number of pages: 33 Posted: 31 Jul 2018
Jason Mazzone
University of Illinois College of Law
Downloads 47 (739,237)

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Constitutional Amendment, Constitutional Change, Article V, Amending, Judicial Review

37.

Race and Eviction During the Pandemic

Institute of Government and Public Affairs Research Paper, 2022, University of Illinois College of Law Legal Studies Research Paper No. 23-12
Number of pages: 14 Posted: 17 Oct 2022
University of Illinois at Urbana-Champaign - Institute of Government and Public Affairs (IGPA), University of Illinois College of Law, The University of Illinois at Urbana-Champaign and University of Illinois College of Law
Downloads 37 (810,684)

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pandemic, court system, law, landlord-tenant, court personnel

38.

Above Politics: Congress and the Supreme Court in 2017

Chicago-Kent Law Review, Vol. 93, No. 2, 2018, University of Illinois College of Law Legal Studies Research Paper No. 18-31
Number of pages: 38 Posted: 29 Aug 2018
Jason Mazzone
University of Illinois College of Law
Downloads 22 (942,721)

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Supreme Court, Scalia, Separation of Powers, Overruling

39.

Eviction Expectations in the Aftermath of the Pandemic Moratoria

University of Illinois College of Law Legal Studies Research Paper No. 24-06
Number of pages: 12 Posted: 20 Dec 2023 Last Revised: 27 Mar 2024
University of Illinois at Urbana-Champaign - Institute of Government and Public Affairs (IGPA), University of Illinois College of Law, The University of Illinois at Urbana-Champaign and University of Illinois College of Law
Downloads 14 (1,025,997)

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