Columbia Public Law & Legal Theory Working Papers

Columbia Public Law & Legal Theory Working Papers

 

This webpage presents working papers on public law and legal theory by scholars at Columbia Law School.

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Submissions from 2013

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With Untired Spirits and Formal Constancy: Berne-Compatibility of Formal Declaratory Measures to Enhance Title-Searching, Jane C. Ginsburg

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Exceptional Authorship: The Role of Copyright Exceptions in Promoting Creativity, Jane C. Ginsburg

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Gender Politics and Child Custody: The Puzzling Persistence of the Best Interest Standard, Elizabeth S. Scott and Robert E. Emery

Submissions from 2012

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Moral Rights in the US: Still in Need of a Guardian Ad Litem, Jane C. Ginsburg

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Beyond the Private Attorney General: Equality Directives in American Law, Olati Johnson

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The Evidence of Things Not Seen: Non-Matches as Evidence of Innocence, James S. Liebman

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Occupy Information: the Case for Freedom of Corporate Information, Roy Peled

Submissions from 2011

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The Puzzling Resistance to Judicial Review of the Legislative Process, Ittai Bar-Siman-Tov

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“European Copyright Code” – Back to First Principles (with Some Additional Detail), Jane C. Ginsburg

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Intersystemic Statutory Interpretation: Methodology as “Law” and the Erie Doctrine, Abbe R. Gluck

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The Anticanon, Jamal Greene

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IDEAL THEORY AND THE LIMITS OF HISTORICAL NARRATIVE, Anthony O'Rourke

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Maximizing Autonomy in the Shadow of Great Powers: The Political Economy of Sovereign Wealth Funds, Katharina Pistor and Kyle Hatton

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CONTEXTUALIZING REGIMES: INSTITUTIONALIZATION AS A RESPONSE TO THE LIMITS OF INTERPRETATION AND POLICY ENGINEERING, William Simon and Charles F. Sabel

Submissions from 2010

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Lawmakers as Lawbreakers, Ittai Bar-Siman-Tov

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“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

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The US Experience with Copyright Formalities: A Love/Hate Relationship, Jane C. Ginsburg

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User-Generated Content Sites and Section 512 of the US Copyright Act, Jane C. Ginsburg

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The States as Laboratories of Statutory Interpretation: Methodological Consensus and the New Modified Textualism, Abbe R. Gluck

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Discrimination by Comparison, Suzanne B. Goldberg

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Avoiding Eight-Alarm Fires in the Political Economy of Systemic Risk Management, Jeffrey N. Gordon and Christopher Muller

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The Story of Bob Jones University v. United States: Race, Religion, and Congress’ Extraordinary Acquiescence, Olati Johnson

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Minimalism and Experimentalism In the Administrative State, Charles F. Sabel and William H. Simon

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Subsidizing the Press, David M. Schizer

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Self-Defense and the Limits of WMD Intelligence, Matthew C. Waxman

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The Structure of Terrorism Threats and the Laws of War, Matthew C. Waxman

Submissions from 2009

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Legislative Supremacy in the US?: Rethinking the Enrolled Bill Doctrine, Ittai Bar-Siman-Tov

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Contracts, Orphan Works, and Copyright Norms: What Role for Berne and TRIPs?, Jane C. Ginsburg

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Heller High Water? The Future of Originalism, Jamal Greene

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On the Origins of Originalism, Jamal Greene

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Facial and As-Applied Challenges Under the Roberts Court, Gillian Metzger

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Ordinary Administrative Law As Constitutional Common Law, Gillian Metzger

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The Interdependent Relationship Between Internal and External Separation of Powers, Gillian Metzger

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Agency and Luck, Joseph Raz

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Human Rights in the New World Order, Joseph Raz

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Responsibility and the Negligence Standard, Joseph Raz

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Decisional Dignity: Teenage Abortion, Bypass Hearings and the Misuse of Law, Carol Sanger

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Moral Freaks: Lawyers' Ethics in Academic Perspective, William Simon

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The Warren Court, Legalism and Democracy: Sketch for a Critique in a Style Learned from Morton Horwitz, William Simon

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Optimization and Its Discontents In Regulatory Design: Bank Regulation as an Example, William H. Simon

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Geier v. American Honda Motor Co.: A Story of Statutes, Regulation and the Common Law, Peter L. Strauss

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Legal Frameworks and Institutional Contexts for Public Consultation Regarding Administrative Action: The United States, Peter L. Strauss

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Legislation that Isn't - Attending to Rulemaking's Democracy Deficit, Peter L. Strauss

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Guantánamo, Habeas Corpus, and Standards of Proof: Viewing the Law Through Multiple Lenses, Matthew C. Waxman

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The Use of Force Against States That 'Might' Have Weapons of Mass Destruction, Matthew C. Waxman

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Secret Evidence and the Due Process of Terrorist Detentions, Matthew C. Waxman and Daphne Barak‐Erez

Submissions from 2008

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The Curing Law: On the Legal Evolution of Baby-Making Markets, Noa Ben-Asher

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Why Is Torture “Different” and How “Different” Is It?, Sherry F. Colb

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Culpability in Creating Criminal Necessity, Marc O. DeGirolami

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The Constitutional Paradox of Religious Learning, Marc O. DeGirolami

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Dynamic Incorporation of Foreign Law, Michael C. Dorf

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Symposium On Pursuing Racial Fairness In Criminal Justice: Twenty Years After McCleskey v. Kemp, Jeffrey Fagan

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Longing for Loving, Katherine M. Franke

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Recent Developments in US Copyright Law – Part II, Caselaw: Exclusive Rights on the Ebb?, Jane C. Ginsburg

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Recent Developments in US Copyright Law: Part I - "Orphan" Works, Jane C. Ginsburg

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Separating the Sony Sheep From the Grokster Goats: Reckoning the Future Business Plans of Copyright-Dependent Technology Entrepreneurs, Jane C. Ginsburg

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Historic Injustice, Group Membership and Harm to Individuals: Defending Claims for Historic Justice from the Non-Identity Problem, Ori J. Herstein

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Administrative Law As the New Federalism, Gillian Metzger

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"The Story of United States v. United States District Court (Keith): The Surveillance Power", Trevor W. Morrison

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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

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Political Control of Federal Prosecutions – Looking Back And Looking Forward, Daniel Richman

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Surrogacy and the Politics of Commodification, Elizabeth S. Scott

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Administrative Detention of Terrorists: Why Detain, and Detain Whom?, Matthew Waxman

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Detention as Targeting: Standards of Certainty and Detention of Suspected Terrorists, Matthew Waxman

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Police and National Security: American Local Law Enforcement and Counter-Terrorism After 9/11, Matthew Waxman

Submissions from 2007

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Of Mutant Copyrights, Mangled Trademarks, And Barbie’s Beneficence: The Influence Of Copyright On Trademark Law, Jane C. Ginsburg

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The Pros and Cons of Strengthening Intellectual Property Protection: Technological Protection Measures and Section 1201 of the US Copyright Act, Jane C. Ginsburg

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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

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Abortion, Equality, and Administrative Regulation, Gillian Metzger

Congress, Article IV, and Interstate Relations, Gillian Metzger

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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

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Sentencing for the ‘Crime of Crimes’: Appraising the Penal Jurisprudence of the International Criminal Tribunal for Rwanda, Robert Sloane

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The Expressive Capacity of International Punishment, Robert Sloane

Submissions from 2005

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The 527 Problem . . . and the Buckley Problem, Richard Briffault

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Attention Felons: Evaluating Project Safe Neighborhoods in Chicago, Jeffrey Fagan

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Legal Socialization of Children and Adolescents, Jeffrey Fagan

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The Bustle of Horses on a Ship: Drug Control in New York City Public Housing, Jeffrey A. Fagan, Garth Davies, and Jan Holland

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Essay - The Author's Name as a Trademark: A Perverse Perspective on the Moral Right of 'Paternity'?, Jane C. Ginsburg

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Legal Protection of Technological Measures Protecting Works of Authorship: International Obligations and the US Experience, Jane C. Ginsburg

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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

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The Story of Vermont Yankee: A Cautionary Tale of Judicial Review and Nuclear Waste, Gillian Metzger

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Reputation, Malpractice Liability, and Medical Error, William Sage

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Statutes that are not Static - The Case of the APA, Peter Strauss

Submissions from 2004

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Judicial Campaign Codes After Republican Party of Minnesota v. White, Richard Briffault

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Putting the Democracy in Democracy and Distrust: The Coherentist Case for Representation Reinforcement, Michael C. Dorf

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An Analysis of the NYPD's Stop-and-Frisk Policy in the Context of Claims of Racial Bias, Jeffrey Fagan

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The Decline Of The Juvenile Death Penalty: Scientific Evidence Of Evolving Norms, Jeffrey A. Fagan and Valerie West

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The (New?) Right of Making Available to the Public, Jane C. Ginsburg

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Facial Challenges and Federalism, Gillian Metzger

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Toyota Jurisprudence: Legal Theory and Rolling Rule Regimes, William H. Simon

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Wrongs of Ignorance and Ambiguity: Lawyer Responsibility for Collective Misconduct, William H. Simon

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The Internationalist Beginnings of American Civil Liberties, John Fabian Witt