Columbia Public Law & Legal Theory Working Papers
This webpage presents working papers on public law and legal theory by scholars at Columbia Law School.
Submissions from 2013
With Untired Spirits and Formal Constancy: Berne-Compatibility of Formal Declaratory Measures to Enhance Title-Searching, Jane C. Ginsburg
Exceptional Authorship: The Role of Copyright Exceptions in Promoting Creativity, Jane C. Ginsburg
Submissions from 2012
Moral Rights in the US: Still in Need of a Guardian Ad Litem, Jane C. Ginsburg
Beyond the Private Attorney General: Equality Directives in American Law, Olati Johnson
The Evidence of Things Not Seen: Non-Matches as Evidence of Innocence, James S. Liebman
Occupy Information: the Case for Freedom of Corporate Information, Roy Peled
Submissions from 2011
The Puzzling Resistance to Judicial Review of the Legislative Process, Ittai Bar-Siman-Tov
“European Copyright Code” – Back to First Principles (with Some Additional Detail), Jane C. Ginsburg
Intersystemic Statutory Interpretation: Methodology as “Law” and the Erie Doctrine, Abbe R. Gluck
The Anticanon, Jamal Greene
IDEAL THEORY AND THE LIMITS OF HISTORICAL NARRATIVE, Anthony O'Rourke
Maximizing Autonomy in the Shadow of Great Powers: The Political Economy of Sovereign Wealth Funds, Katharina Pistor and Kyle Hatton
Gender Politics and Child Custody: The Puzzling Persistence of the Best Interest Standard, Elizabeth S. Scott and Robert E. Emery
CONTEXTUALIZING REGIMES: INSTITUTIONALIZATION AS A RESPONSE TO THE LIMITS OF INTERPRETATION AND POLICY ENGINEERING, William Simon and Charles F. Sabel
Submissions from 2010
Lawmakers as Lawbreakers, Ittai Bar-Siman-Tov
“The Sole Right...Shall Return to the Authors”: Anglo-American Authors’ Reversion Rights From the Statute of Anne to Contemporary U.S. Copyright, Lionel Bently and Jane C. Ginsburg
The US Experience with Copyright Formalities: A Love/Hate Relationship, Jane C. Ginsburg
User-Generated Content Sites and Section 512 of the US Copyright Act, Jane C. Ginsburg
The States as Laboratories of Statutory Interpretation: Methodological Consensus and the New Modified Textualism, Abbe R. Gluck
Discrimination by Comparison, Suzanne B. Goldberg
Avoiding Eight-Alarm Fires in the Political Economy of Systemic Risk Management, Jeffrey N. Gordon and Christopher Muller
The Story of Bob Jones University v. United States: Race, Religion, and Congress’ Extraordinary Acquiescence, Olati Johnson
Minimalism and Experimentalism In the Administrative State, Charles F. Sabel and William H. Simon
Subsidizing the Press, David M. Schizer
Self-Defense and the Limits of WMD Intelligence, Matthew C. Waxman
The Structure of Terrorism Threats and the Laws of War, Matthew C. Waxman
Submissions from 2009
Legislative Supremacy in the US?: Rethinking the Enrolled Bill Doctrine, Ittai Bar-Siman-Tov
Contracts, Orphan Works, and Copyright Norms: What Role for Berne and TRIPs?, Jane C. Ginsburg
Heller High Water? The Future of Originalism, Jamal Greene
On the Origins of Originalism, Jamal Greene
Facial and As-Applied Challenges Under the Roberts Court, Gillian Metzger
Ordinary Administrative Law As Constitutional Common Law, Gillian Metzger
The Interdependent Relationship Between Internal and External Separation of Powers, Gillian Metzger
Agency and Luck, Joseph Raz
Human Rights in the New World Order, Joseph Raz
Responsibility and the Negligence Standard, Joseph Raz
Decisional Dignity: Teenage Abortion, Bypass Hearings and the Misuse of Law, Carol Sanger
Moral Freaks: Lawyers' Ethics in Academic Perspective, William Simon
The Warren Court, Legalism and Democracy: Sketch for a Critique in a Style Learned from Morton Horwitz, William Simon
Optimization and Its Discontents In Regulatory Design: Bank Regulation as an Example, William H. Simon
Geier v. American Honda Motor Co.: A Story of Statutes, Regulation and the Common Law, Peter L. Strauss
Legal Frameworks and Institutional Contexts for Public Consultation Regarding Administrative Action: The United States, Peter L. Strauss
Legislation that Isn't - Attending to Rulemaking's Democracy Deficit, Peter L. Strauss
Guantánamo, Habeas Corpus, and Standards of Proof: Viewing the Law Through Multiple Lenses, Matthew C. Waxman
The Use of Force Against States That 'Might' Have Weapons of Mass Destruction, Matthew C. Waxman
Secret Evidence and the Due Process of Terrorist Detentions, Matthew C. Waxman and Daphne Barak‐Erez
Submissions from 2008
The Curing Law: On the Legal Evolution of Baby-Making Markets, Noa Ben-Asher
Why Is Torture “Different” and How “Different” Is It?, Sherry F. Colb
Culpability in Creating Criminal Necessity, Marc O. DeGirolami
The Constitutional Paradox of Religious Learning, Marc O. DeGirolami
Dynamic Incorporation of Foreign Law, Michael C. Dorf
Symposium On Pursuing Racial Fairness In Criminal Justice: Twenty Years After McCleskey v. Kemp, Jeffrey Fagan
Longing for Loving, Katherine M. Franke
Recent Developments in US Copyright Law – Part II, Caselaw: Exclusive Rights on the Ebb?, Jane C. Ginsburg
Recent Developments in US Copyright Law: Part I - "Orphan" Works, Jane C. Ginsburg
Separating the Sony Sheep From the Grokster Goats: Reckoning the Future Business Plans of Copyright-Dependent Technology Entrepreneurs, Jane C. Ginsburg
Historic Injustice, Group Membership and Harm to Individuals: Defending Claims for Historic Justice from the Non-Identity Problem, Ori J. Herstein
Administrative Law As the New Federalism, Gillian Metzger
"The Story of United States v. United States District Court (Keith): The Surveillance Power", Trevor W. Morrison
Vote Fraud in the Eye of the Beholder: The Role of Public Opinion in the Challenge to Voter Identification Requirements, Nathaniel Persily and Stephen Ansolabehere
Political Control of Federal Prosecutions – Looking Back And Looking Forward, Daniel Richman
Surrogacy and the Politics of Commodification, Elizabeth S. Scott
Administrative Detention of Terrorists: Why Detain, and Detain Whom?, Matthew Waxman
Detention as Targeting: Standards of Certainty and Detention of Suspected Terrorists, Matthew Waxman
Police and National Security: American Local Law Enforcement and Counter-Terrorism After 9/11, Matthew Waxman
Submissions from 2007
Of Mutant Copyrights, Mangled Trademarks, And Barbie’s Beneficence: The Influence Of Copyright On Trademark Law, Jane C. Ginsburg
The Pros and Cons of Strengthening Intellectual Property Protection: Technological Protection Measures and Section 1201 of the US Copyright Act, Jane C. Ginsburg
The Market for Bad Legal Advice: Academic Professional Responsibility Consulting as an Example, William Simon
Submissions from 2006
The Legal Limits of Universal Jurisdiction, Anthony J. Colangelo
Abortion, Equality, and Administrative Regulation, Gillian Metzger
Congress, Article IV, and Interstate Relations, Gillian Metzger
Inducers and Authorisers: A Comparison of the US Supreme Court's Grokster Decision and the Australian Federal Court's KaZaa Ruling., Sam Ricketson and Jane C. Ginsburg
Sentencing for the ‘Crime of Crimes’: Appraising the Penal Jurisprudence of the International Criminal Tribunal for Rwanda, Robert Sloane
The Expressive Capacity of International Punishment, Robert Sloane
Submissions from 2005
The 527 Problem . . . and the Buckley Problem, Richard Briffault
Attention Felons: Evaluating Project Safe Neighborhoods in Chicago, Jeffrey Fagan
Legal Socialization of Children and Adolescents, Jeffrey Fagan
The Bustle of Horses on a Ship: Drug Control in New York City Public Housing, Jeffrey A. Fagan, Garth Davies, and Jan Holland
Essay - The Author's Name as a Trademark: A Perverse Perspective on the Moral Right of 'Paternity'?, Jane C. Ginsburg
Legal Protection of Technological Measures Protecting Works of Authorship: International Obligations and the US Experience, Jane C. Ginsburg
Executive Compensation: If There's a Problem, What's the Remedy? The Case for 'Compensation Disclosure and Analysis', Jeffrey N. Gordon
Is Section 5 of the Voting Rights Act a Victim of Its Own Success?, Samuel Issacharoff
Watchdog or Demagogue? The Media in the Chinese Legal System, Benjamin Liebman
The Story of Vermont Yankee: A Cautionary Tale of Judicial Review and Nuclear Waste, Gillian Metzger
Reputation, Malpractice Liability, and Medical Error, William Sage
Statutes that are not Static - The Case of the APA, Peter Strauss
Submissions from 2004
Judicial Campaign Codes After Republican Party of Minnesota v. White, Richard Briffault
Putting the Democracy in Democracy and Distrust: The Coherentist Case for Representation Reinforcement, Michael C. Dorf
An Analysis of the NYPD's Stop-and-Frisk Policy in the Context of Claims of Racial Bias, Jeffrey Fagan
The Decline Of The Juvenile Death Penalty: Scientific Evidence Of Evolving Norms, Jeffrey A. Fagan and Valerie West
The (New?) Right of Making Available to the Public, Jane C. Ginsburg
Facial Challenges and Federalism, Gillian Metzger
Toyota Jurisprudence: Legal Theory and Rolling Rule Regimes, William H. Simon
Wrongs of Ignorance and Ambiguity: Lawyer Responsibility for Collective Misconduct, William H. Simon
The Internationalist Beginnings of American Civil Liberties, John Fabian Witt