Daniel B. Rodriguez

Northwestern University - Pritzker School of Law

Professor of Law

375 E. Chicago Ave

Chicago, IL 60611

United States

SCHOLARLY PAPERS

35

DOWNLOADS
Rank 10,092

SSRN RANKINGS

Top 10,092

in Total Papers Downloads

9,452

TOTAL CITATIONS
Rank 26,690

SSRN RANKINGS

Top 26,690

in Total Papers Citations

15

Scholarly Papers (35)

1.

The Judiciary and the Role of Law: A Positive Political Theory Perspective

HANDBOOK ON POLITICAL ECONOMY, B. Weingast & D. Wittman, eds., Oxford University Press, 2006, San Diego Legal Studies Paper No. 07-33
Number of pages: 27 Posted: 11 Jan 2006
Daniel B. Rodriguez and Mathew D. McCubbins
Northwestern University - Pritzker School of Law and Department of Political Science and Law School, Duke University (deceased)
Downloads 947 (50,779)

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positive political theory, statutory interpretation, administrative law, judicial independence

2.

The Rule of Law Unplugged

U of Texas Law, Public Law Research Paper No. 158
Number of pages: 88 Posted: 05 Sep 2009 Last Revised: 07 Apr 2010
Mathew D. McCubbins, Daniel B. Rodriguez and Barry R. Weingast
Department of Political Science and Law School, Duke University (deceased), Northwestern University - Pritzker School of Law and Stanford University, Department of Political Science
Downloads 692 (77,235)
Citation 5

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rule of law

3.

The Positive Political Theory of Legislative History: New Perspectives on the 1964 Civil Rights Act and its Interpretation

San Diego Legal Studies Research Paper No. 05-22
Number of pages: 101 Posted: 16 Nov 2004 Last Revised: 22 Dec 2013
Daniel B. Rodriguez and Barry R. Weingast
Northwestern University - Pritzker School of Law and Stanford University, Department of Political Science
Downloads 680 (78,966)
Citation 1

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statutory interpretation, statutory construction, legislative history, positive political theory, Civil Rights Act of 1964, Congress, Congressional Politics, Southern Politics

4.

A Public Health Framework for COVID-19 Business Liability

Northwestern Public Law Research Paper No. 20-10, Northwestern Law & Econ Research Paper No. 20-05, U of Chicago, Public Law Working Paper No. 746, University of Chicago Coase-Sandor Institute for Law & Economics Research Paper No. 908, Journal of Law and the Biosciences (Forthcoming)
Number of pages: 33 Posted: 21 May 2020 Last Revised: 31 Oct 2024
Daniel J. Hemel and Daniel B. Rodriguez
New York University School of Law and Northwestern University - Pritzker School of Law
Downloads 493 (118,107)

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COVID-19, SARS-CoV-2, coronavirus, liability, tort, workers' compensation, safe harbor

5.

The Functions of Constitutional Monarchy: Why Kings and Queens Survive in a World of Republics

Northwestern Public Law Research Paper No. 23-29, U of Chicago, Public Law Working Paper No. 831
Number of pages: 48 Posted: 23 May 2023 Last Revised: 14 Nov 2024
Tom Ginsburg, Daniel B. Rodriguez and Barry R. Weingast
University of Chicago Law School, Northwestern University - Pritzker School of Law and Stanford University, Department of Political Science
Downloads 486 (120,120)

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constitutional law; separation of powers; comparative constitutional law

6.

The Market for Deans

Journal of Contemporary Legal Issues, Forthcoming, U of Texas Law, Public Law Research Paper No. 131, San Diego Legal Studies Paper No. 08-037
Number of pages: 20 Posted: 11 Dec 2007 Last Revised: 09 Feb 2010
Daniel B. Rodriguez
Downloads 446 (133,178)

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deans, law school, deaning

7.

What Statutes Mean: Interpretive Lessons from Positive Theories of Communication and Legislation

San Diego Law Review, Vol. 44, No. 2, 2007
Number of pages: 51 Posted: 05 Jul 2007
University of California, Davis, University of Michigan at Ann Arbor - Department of Political Science, Department of Political Science and Law School, Duke University (deceased) and Northwestern University - Pritzker School of Law
Downloads 439 (135,779)

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statutory interpretation, communication, legislation, statute, intentionalism

8.

The 'Reformation of Administrative Law' Revisited

Forthcoming, Journal of Law, Economics, and Organization, Stanford Law and Economics Olin Working Paper No. 482
Number of pages: 41 Posted: 24 Jun 2015 Last Revised: 20 Nov 2015
Daniel B. Rodriguez and Barry R. Weingast
Northwestern University - Pritzker School of Law and Stanford University, Department of Political Science
Downloads 397 (152,449)
Citation 2

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administrative law, political economy of regulation, regulation, nuclear power

9.

The Location Market

George Mason Law Review, Vol. 19, No. 3, pp. 637-664, Spring 2012, George Mason Law & Economics Research Paper No. 12-37
Number of pages: 29 Posted: 12 Apr 2012
Daniel B. Rodriguez and David Schleicher
Northwestern University - Pritzker School of Law and Yale University - Law School
Downloads 384 (158,137)

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Alfred Marshall, Charles Tiebout, Chicago, Clayton Gillette, collocation, efficiency, Ellickson, growth, Jane Jacobs, landowners, macroeconomy, Manhattan, micromisallocations, Paul Krugman, property values, public, Robert Lucas, Roderick Hills, Romer, sticky, urban, Wallace Oates, William Fischel

10.

When Does Deliberating Improve Decisionmaking?

Journal of Contemporary Legal Issues, Vol. 15, 2006, San Diego Legal Studies Paper No. 07-47, 1st Annual Conference on Empirical Legal Studies Paper
Number of pages: 62 Posted: 04 May 2006
Mathew D. McCubbins and Daniel B. Rodriguez
Department of Political Science and Law School, Duke University (deceased) and Northwestern University - Pritzker School of Law
Downloads 379 (160,495)
Citation 1

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deliberation, cemocratic decisionmaking, experimental

Engineering the Modern Administrative State, Part I: Political Accommodation and Legal Strategy in the New Deal Era

Northwestern Public Law Research Paper No. 19-03
Number of pages: 65 Posted: 15 Feb 2019
Daniel B. Rodriguez and Barry R. Weingast
Northwestern University - Pritzker School of Law and Stanford University, Department of Political Science
Downloads 223 (276,926)
Citation 1

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constitutional law, regulatory history, administrative law

Engineering the Modern Administrative State, Part I: Political Accommodation and Legal Strategy in the New Deal Era

Number of pages: 65 Posted: 09 Apr 2019
Daniel B. Rodriguez and Barry R. Weingast
Northwestern University - Pritzker School of Law and Stanford University, Department of Political Science
Downloads 107 (518,534)

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12.

The Paradox of Expansionist Statutory Interpretations

Northwestern University Law Review, Vol. 101, 2006, San Diego Legal Studies Paper No. 07-39
Number of pages: 98 Posted: 08 Apr 2006
Daniel B. Rodriguez and Barry R. Weingast
Northwestern University - Pritzker School of Law and Stanford University, Department of Political Science
Downloads 296 (209,723)

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statutory interpretation, regulation, political economy, legislation

13.

Administrative Law Agonistes

Columbia Law Review, Sidebar, Vol. 108, 2008, U of Texas Law, Law and Econ Research Paper No. 124
Number of pages: 9 Posted: 24 Apr 2008 Last Revised: 18 Feb 2017
McNollgast, Daniel B. Rodriguez, Roger G. Noll and Barry R. Weingast
Duke University - Department of Political Science, Northwestern University - Pritzker School of Law, Stanford University - Department of Economics and Stanford University, Department of Political Science
Downloads 294 (211,216)

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administrative law, positive political theory, legislation

14.

Statutory Interpretation and the Intentional(Ist) Stance

Loyola of Los Angeles Law Review, Vol. 38, 2005, San Diego Legal Studies Paper No. 07-31
Number of pages: 17 Posted: 10 Jan 2006
Daniel B. Rodriguez, Mathew D. McCubbins and Cheryl Boudreau
Northwestern University - Pritzker School of Law, Department of Political Science and Law School, Duke University (deceased) and University of California, Davis
Downloads 279 (223,008)

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statutory interpretation

15.

The Judge as a Fly on the Wall: Interpretive Lessons from the Positive Political Theory of Legislation

Number of pages: 68 Posted: 22 Apr 2005
Cheryl Boudreau, Mathew D. McCubbins and Daniel B. Rodriguez
University of California, Davis, Department of Political Science and Law School, Duke University (deceased) and Northwestern University - Pritzker School of Law
Downloads 239 (260,327)
Citation 1

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statutory interpretation, positive political theory, political economy of legislation

16.

Canonical Construction and Statutory Revisionism: The Strange Case of the Appropriations Canon

Number of pages: 60 Posted: 24 Feb 2005
Mathew D. McCubbins and Daniel B. Rodriguez
Department of Political Science and Law School, Duke University (deceased) and Northwestern University - Pritzker School of Law
Downloads 230 (270,149)

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positive politcal theory, legislative interpretation, legislative canons, appropriations process, statutory interpretation

17.
Downloads 225 (275,860)

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18.

Bias in Regulatory Administration

Northwestern Public Law Research Paper No. 19-14 (2019)
Number of pages: 86 Posted: 02 Aug 2019 Last Revised: 15 Oct 2023
Daniel B. Rodriguez
Downloads 217 (285,542)
Citation 2

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Bias

19.

State Constitutionalism and the Scope of Judicial Review

NEW FRONTIERS OF STATE CONSTITUTIONAL LAW, James Gardner, James Rossi, eds., Oxford, 2010, U of Texas Law, Public Law Research Paper No. 176
Number of pages: 37 Posted: 18 Aug 2010 Last Revised: 27 Aug 2010
Daniel B. Rodriguez
Downloads 211 (293,221)

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state constitutionalism, judicial review

20.

Delegation, Risk Diversification, and the Properly Political Project of Administrative Law

Harvard Law Review Forum, Vol. 116, 2006, San Diego Legal Studies Paper No. 07-48
Number of pages: 32 Posted: 04 May 2006
Daniel B. Rodriguez
Downloads 197 (312,541)

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administrative law, law and politics

21.

Constitutional Home Rule and Judicial Scrutiny

86 Denver University Law Review 1337 (2009), U of Texas Law, Law and Econ Research Paper No. 164
Number of pages: 89 Posted: 29 Oct 2009 Last Revised: 12 Oct 2015
Lynn A. Baker and Daniel B. Rodriguez
University of Texas at Austin - School of Law and Northwestern University - Pritzker School of Law
Downloads 188 (326,196)

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home rule, state constitutions

22.

State Constitutional Failure

University of Illinois Law Review, Forthcoming, University of Texas Law, Public Law Research Paper No. 185
Number of pages: 69 Posted: 20 Nov 2010
Daniel B. Rodriguez
Downloads 177 (344,375)

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State Governance, Constitutional Reform, State Constitutional Law, Constitutional Amendments, Constitutional Revisions

23.
Downloads 150 (396,680)
Citation 1

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administrative law, judicial activism, Administrative Procedure Act, federal agency decisionmaking, remand, remand without vacatur, vacatur, judicial review

24.
Downloads 146 (405,467)

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25.

The Untold Story of the 1964 Civil Rights Act: How the GOP Helped the Democrats Destroy the Solid South

Number of pages: 6 Posted: 30 Jun 2008
Daniel B. Rodriguez and Barry R. Weingast
Northwestern University - Pritzker School of Law and Stanford University, Department of Political Science
Downloads 134 (433,868)

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26.

Making Talk Cheap (and Problems Easy): How Political and Legal Institutions Can Facilitate Consensus

Number of pages: 38 Posted: 25 Feb 2010 Last Revised: 30 Jun 2010
University of California, Davis, Department of Political Science and Law School, Duke University (deceased), Northwestern University - Pritzker School of Law and University of California, Riverside (UCR)
Downloads 120 (472,701)
Citation 1

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27.
Downloads 107 (514,641)

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28.

Straw Polls

Number of pages: 10 Posted: 16 Nov 2004
Daniel B. Rodriguez
Downloads 104 (525,397)

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elections, voting, public policy, straw polls, polling, politics, logrolling, political strategy

29.

Road Wary: Mobility, Law, and the Problem of Escape

Iowa Law Review, Forthcoming (Symposium issue, July 2021), Northwestern Public Law Research Paper No. 21-07
Number of pages: 52 Posted: 17 Feb 2021 Last Revised: 12 Mar 2021
Daniel B. Rodriguez
Downloads 102 (532,610)

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COVID-19, mobility, law, public policy, legal theory

30.

Public Health Emergencies and State Constitutional Quality

72 Rutgers Law Review 1223 (2020), Northwestern Public Law Research Paper No. 20-29
Number of pages: 24 Posted: 17 Feb 2021 Last Revised: 12 Mar 2021
Daniel B. Rodriguez
Downloads 86 (593,789)

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public health, regulation

31.

Opting in or Opting Out: The Conditions for Developing Consensus

CELS 2009 4th Annual Conference on Empirical Legal Studies Paper
Number of pages: 35 Posted: 16 Jul 2009 Last Revised: 15 Feb 2010
University of California, Davis, Department of Political Science and Law School, Duke University (deceased), Northwestern University - Pritzker School of Law and University of California, Riverside (UCR)
Downloads 83 (606,440)

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consensus, experiments, political communication

32.

Cheap, Easy, or Connected: The Conditions for Creating Group Coordination

Southern California Law Review, Vol. 86, 2013, Northwestern Public Law Research Paper No. 14-04
Number of pages: 22 Posted: 11 Nov 2013 Last Revised: 13 Sep 2016
Mathew D. McCubbins, Daniel B. Rodriguez and Nicholas Weller
Department of Political Science and Law School, Duke University (deceased), Northwestern University - Pritzker School of Law and University of California, Riverside (UCR)
Downloads 80 (619,512)

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coordination, consensus, institutional design, experiments

33.

Rethinking "Our Bar Federalism"

Northwestern Public Law Research Paper No. 24-18
Number of pages: 17 Posted: 18 Jul 2024
Daniel B. Rodriguez and David Freeman Engstrom
Downloads 64 (696,343)

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34.

Pandemic Harms and Private Law's Limits: A Proposal for Tort Replacement

Northwestern Public Law Research Paper No. 24-02
Number of pages: 14 Posted: 12 Jan 2024 Last Revised: 08 Feb 2024
Alberto De Diego Carreras, Jill R. Horwitz and Daniel B. Rodriguez
Independent, UCLA School of Law and Northwestern University - Pritzker School of Law
Downloads 50 (780,163)

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tort law; compensation; COVID-19

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