Anthony O'Rourke

University at Buffalo Law School

Professor

School of Law

528 O'Brian Hall

Buffalo, NY 14260-1100

United States

  • University at Buffalo Law School

SCHOLARLY PAPERS

13

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Top 33,273

in Total Papers Downloads

2,057

SSRN CITATIONS

2

CROSSREF CITATIONS

4

Scholarly Papers (13)

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1.

Disbanding Police Agencies

121 Columbia Law Review (2021, Forthcoming), UNC Legal Studies Research Paper , University at Buffalo School of Law Legal Studies Research Paper No. 2020-004
Number of pages: 78 Posted: 02 Dec 2020 Last Revised: 09 Nov 2021
Anthony O'Rourke, Rick Su and Guyora Binder
University at Buffalo Law School, University of North Carolina School of Law and University at Buffalo Law School
Downloads 505 (77,335)
Citation 1

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policing, police reform, disbanding, defunding, police abolition, local government, democracy, federalism

2.

Defunding Police Agencies

Emory Law Journal, Forthcoming, UNC Legal Studies Research Paper
Number of pages: 72 Posted: 08 Nov 2021
Rick Su, Anthony O'Rourke and Guyora Binder
University of North Carolina School of Law, University at Buffalo Law School and University at Buffalo Law School
Downloads 297 (140,896)

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3.

White Paper of Democratic Criminal Justice

Northwestern University Law Review, Vol. 111, No. 6, 2017, Wayne State University Law School Research Paper No. 2017-39, Northwestern Law & Econ Research Paper No. 17-18
Number of pages: 14 Posted: 02 Nov 2017 Last Revised: 05 Dec 2017
Joshua Kleinfeld, Laura I Appleman, Richard A. Bierschbach, Kenworthey Bilz, Josh Bowers, John Braithwaite, Robert P. Burns, R.A. Duff, Albert Dzur, Thomas F. Geraghty, Adriaan Lanni, Marah Stith McLeod, Janice Nadler, Anthony O'Rourke, Paul H. Robinson, Jonathan Steven Simon, Jocelyn Simonson, Tom Tyler and Ekow N. Yankah
Northwestern University - Pritzker School of Law, Willamette University College of Law, Wayne State University Law School, University of Illinois College of Law, University of Virginia School of Law, School of Regulation & Global Governance (RegNet), Northwestern University - Pritzker School of Law, University of Stirling, Bowling Green State University, Northwestern University - Pritzker School of Law, Harvard Law School, Notre Dame Law School, Northwestern University - School of Law, University at Buffalo Law School, University of Pennsylvania Carey Law School, University of California, Berkeley, Boalt Hall, School of Law, Brooklyn Law School, Yale University - Law School and Yeshiva University - Benjamin N. Cardozo School of Law
Downloads 270 (155,381)
Citation 2

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Criminal Law, Criminal Procedure, Sentencing, Policing, Prosecutors, Criminal Justice Reform, Democracy, Democratic Criminal Justice

4.

Theorizing American Freedom (Book Review: Aziz Rana, The Two Faces of American Freedom (2010))

Michigan Law Review, Vol. 110, 2012, Columbia Public Law Research Paper No. 11-275
Number of pages: 25 Posted: 25 May 2011 Last Revised: 25 Oct 2012
Anthony O'Rourke
University at Buffalo Law School
Downloads 225 (185,440)

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The Two Faces of American Freedom, Book Review, Constitutional Law, Legal History, Rana, Rawls, Reflective Equilibrium, Citizenship, Freedom, Republicanism, Civic Republicanism, Neo-Roman Liberty, Settler Colonialism, Settler Colonial Theory, Political Theory

5.

The Political Economy of Criminal Procedure Litigation

Georgia Law Review, Vol. 45, p. 721, 2011, Columbia Public Law Research Paper No. 10-239
Number of pages: 58 Posted: 24 Mar 2010 Last Revised: 25 Apr 2011
Anthony O'Rourke
University at Buffalo Law School
Downloads 224 (186,226)

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Criminal Procedure, Constitutional Law, Constitutional Litigation, Political Economy, NAACP, Scottsboro, Litigation, Legal Theory

6.

Structural Overdelegation in Criminal Procedure

Journal of Criminal Law and Criminology, Vol. 103, 2013, SUNY Buffalo Legal Studies Research Paper No. 2013-016
Number of pages: 69 Posted: 20 Oct 2012 Last Revised: 13 Aug 2013
Anthony O'Rourke
University at Buffalo Law School
Downloads 114 (325,164)

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criminal procedure, constitutional law, legal theory, delegation, deference, institutional analysis, doctrinal entrenchment

7.

Statutory Constraints and Constitutional Decisionmaking

Wisconsin Law Review, Vol. 2015, No. 1, 2015, SUNY Buffalo Legal Studies Research Paper No. 2015-006
Number of pages: 66 Posted: 07 Nov 2014 Last Revised: 29 May 2018
Anthony O'Rourke
University at Buffalo Law School
Downloads 109 (335,367)

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constitutional law, criminal procedure, legislation, statutory interpretation, judicial decision-making, constraint, new institutionalism

8.

Substantive Due Process for Noncitizens: Lessons from Obergefell

Michigan Law Review First Impressions, 2016, SUNY Buffalo Legal Studies Research Paper No. 2016-007
Number of pages: 11 Posted: 05 Aug 2015 Last Revised: 09 Sep 2016
Anthony O'Rourke
University at Buffalo Law School
Downloads 92 (374,468)

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Obergefell, same-sex marriage, substantive due process, equal protection, immigration, crimmigration, citizenship, noncitizens, birth certificates

9.

Windsor Beyond Marriage: Due Process, Equality, and Undocumented Immigration

William & Mary Law Review, Vol. 55, 2014, SUNY Buffalo Legal Studies Research Paper No. 2014-010
Number of pages: 37 Posted: 17 Oct 2013 Last Revised: 14 Aug 2014
Anthony O'Rourke
University at Buffalo Law School
Downloads 83 (398,438)

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Windsor, same-sex, marriage, substantive due process, equal protection, dignity, crimmigration, undocumented immigration, bail

10.

Extrajudicial Detentions and the Speedy Trial Right: Reflections on United States v. Ghailani

SUNY Buffalo Legal Studies Research Paper No. 2014-027
Number of pages: 22 Posted: 25 Apr 2014 Last Revised: 22 Jul 2014
Anthony O'Rourke
University at Buffalo Law School
Downloads 69 (441,740)

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Ghailani, speedy trial, Barker v. Wingo, Sixth Amendment, criminal procedure, Guantanamo, extrajudicial detention, national security

11.

Parallel Enforcement and Agency Interdependence

77 Maryland Law Review 985 , University at Buffalo School of Law Legal Studies Research Paper No. 2017-026
Number of pages: 79 Posted: 21 Jun 2018 Last Revised: 02 Dec 2020
Anthony O'Rourke
University at Buffalo Law School
Downloads 48 (523,104)

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parallel enforcement, civil/criminal Divide, institutional design, securities litigation, white collar, parallel proceedings, DOJ, CFTC, SEC

12.

The Ostensible (and, at Times, Actual) Virtue of Deference

Yale Law Journal Forum, Forthcoming, University at Buffalo School of Law Legal Studies Research Paper No. 2021-008
Number of pages: 23 Posted: 05 Jan 2022 Last Revised: 21 Jan 2022
Anthony O'Rourke
University at Buffalo Law School
Downloads 21 (678,611)

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Policing, police expertise, judicial deference, criminal procedure, confessions, entrapment, excessive force, Lvovsky, Raz, authority, deference, virtue

13.

Textual Vagueness and Institutional Divergence in Constitutional Decisionmaking

William & Mary Bill of Rights, Forthcoming, University at Buffalo School of Law Legal Studies Research Paper No. 2016-040
Posted: 29 Oct 2016 Last Revised: 10 Apr 2017
Anthony O'Rourke
University at Buffalo Law School

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constitutional decisionmaking, vagueness, extrajudical constitutionalism, legislative constitutionalism, philosophy of languange, legal philosophy, speedy trial