Jason Mazzone

University of Illinois College of Law

Albert E. Jenner, Jr. Professor of Law

504 E. Pennsylvania Avenue

Champaign, IL 61820

United States

  • University of Illinois College of Law

SCHOLARLY PAPERS

38

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7

CROSSREF CITATIONS

14

Scholarly Papers (38)

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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 6,752 (1,717)
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 1,969 (13,334)

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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 1,566 (19,006)
Citation 3

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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 1,331 (24,308)

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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 940 (40,131)
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 681 (62,078)
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 552 (80,943)
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 429 (109,772)

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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 372 (129,229)

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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 330 (147,293)

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

11.

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 285 (171,867)
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

12.

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 273 (179,611)

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

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 236 (207,446)

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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 214 (227,701)

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

15.

The Commandeerer in Chief

Downloads 207 (234,761)
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 143 (323,476)
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 64 (553,357)

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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 189 (254,886)

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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 165 (286,832)

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

18.

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 143 (322,848)

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

19.

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 142 (324,592)

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

20.

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 125 (357,857)

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

21.

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 123 (362,182)
Citation 1

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

22.

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 114 (382,612)

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

23.

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 108 (397,645)

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

24.

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 95 (434,086)

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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

25.

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 91 (446,165)

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

26.

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: 20 Jul 2016
Robin Bradley Kar and Jason Mazzone
University of Illinois College of Law and University of Illinois College of Law
Downloads 90 (449,290)

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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

27.

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 89 (452,368)

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

28.

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 84 (468,709)

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29.

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 77 (493,258)

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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

30.

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 65 (540,784)

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

31.

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 Illinois College of Law and University of Illinois College of Law
Downloads 64 (545,079)

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32.

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
Jason Mazzone, Brian J. Gaines, Matthew Mettler, Robin Fretwell Wilson and Andrea Miller
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 54 (591,329)

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

33.

Constitutional Small Talk

37 Constitutional Commentary 13 (2022), University of Illinois College of Law Legal Studies Research Paper
Number of pages: 14 Posted: 18 Oct 2022
Jason Mazzone
University of Illinois College of Law
Downloads 50 (612,022)

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

34.

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 48 (622,590)

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constitutional amendment; Italian constitutional system; amendmentphobia; constitutional change

35.

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 Forthcoming
Number of pages: 42 Posted: 02 Jun 2022
Jason Mazzone
University of Illinois College of Law
Downloads 46 (633,456)

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Reconstruction, republicanism, Plessy, guarantee clause, fourteenth amendment

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 39 (674,713)

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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
Number of pages: 14 Posted: 17 Oct 2022
Brian J. Gaines, Jason Mazzone, Matthew Mettler and Robin Fretwell Wilson
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 25 (772,732)

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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 18 (830,965)

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Supreme Court, Scalia, Separation of Powers, Overruling