New York University Public Law and Legal Theory Working Papers
Submissions from 2013
Economic Analysis of Medical Malpractice Liability and its Reform, Jennifer Arlen
REALITY CHECK: HOW MALPRACTICE FACTS CHANGED MALPRACTICE LIABILITY THEORY, Jennifer Arlen
A PROCESS ACCOUNT OF THE ENDOWMENT EFFECT: VOLUNTARY DEBIASING THROUGH AGENTS AND MARKETS, Jennifer Arlen and Stephan Tontrup
The Plea Bargain Crisis for Noncitizens in Misdemeanor Court, Jason Alexis Cade
Enforcement Redundancy and the Future of Immigration Law, Adam B. Cox
Europe's Raison D'Etre, Gráinne de Búrca
New Modes of Pluralist Global Governance, Gráinne de Búrca, Robert O. Keohane, and Charles F. Sabel
Two Models of the Prison: Accidental Humanity and Hypermasculinity in the L.A. County Jail, Sharon Dolovich
Can Process Theory Constrain Courts?, Michael C. Dorf and Samuel Issacharoff
“TO REGULATE,” NOT “TO PROHIBIT”: LIMITING THE COMMERCE POWER, Barry Friedman and Genevieve Lakier
The Federal Right to an Adequate Education, Barry Friedman and Sara Aronchick Solow
How to Make Rules for Lawyers: The Professional Responsibility of the Legal Profession, Stephen Gillers
The Governance Problem in Aggregate Litigation, Samuel Issacharoff
Epilogue: Bush v. Gore and the Constitutional Right to Vote, Samuel Issacharoff and Richard H. Pildes
Targeted Warfare: Individuating Enemy Responsibility, Samuel Issacharoff and Richard H. Pildes
Human Dignity and Proportionality: Deontic Pluralism in Balancing, Mattias Kumm and Alec D. Walen
A New Procedure for State Court Personal Jurisdiction, Geoffrey P. Miller
In Search of the Most Adequate Forum: State Court Personal Jurisdiction, Geoffrey P. Miller
Back to the Future: The Curious Case of United States v. Jones, Erin Murphy
(Re)Arrangement of State/Islam Relations in Egypt’s Constitutional Transition, Gianluca Paolo Parolin
Proportionality and the Incommensurability Challenge – Some Lessons from the South African Constitutional Court, Niels Petersen
The Legal Academy and the Temptations of Power: The Difficulty of Dissent, Richard Pildes
Oversight of national security secrecy in the United States, Stephen J. Schulhofer
The Bucket and Buffett Approaches to Raising Taxes on High-Income U.S. Individuals, Daniel Shaviro
NOTICE AND THE NEW DEAL, Mila Sohoni
How to Talk About the Constitution, Sara Aronchick Solow and Barry Friedman
Citizenship and Dignity, Jeremy J. Waldron
Five to Four: Why do Bare Majorities Rule on Courts, Jeremy J. Waldron
Is Dignity the Foundation of Human Rights?, Jeremy J. Waldron
Toleration: Is There a Paradox?, Jeremy J. Waldron
Submissions from 2012
TAKING WARRANTS SERIOUSLY, Oren Bar-Gill and Barry Friedman
PROSECUTORIAL ADMINISTRATION, Rachel E. Barkow
Fair Use and Legal Futurism, Barton Beebe
Transferable Development Rights Programs: “Post” Zoning?, Vicki Been and John Infranca
Deporting the Pardoned, Jason Alexis Cade
Wrong About the Right: How Courts Undermine the Fair Cross-Section Guarantee by Imposing Equal Protection Standards, Nina W. Chernoff
At America's Expense: The Mass Incarceration of the Elderly, Inimai M. Chettiar, William Bunting, and Geoffrey Schotter
Foreign Affairs and Enforcement of the Foreign Corrupt Practices Act, Stephen J. Choi and Kevin E. Davis
IMMIGRATION AND EQUALITY, Adam B. Cox and Adam Hosein
Delegation in Immigration Law, Adam B. Cox and Eric A. Posner
Unconstitutional Conditions Questions Everywhere: The Implications of Exit and Sorting for Constitutional Law and Theory, Adam B. Cox and Adam M. Samaha
Deconstructing Independent Agencies (And Executive Agencies), Kirti Datla and Richard L. Revesz
Why Does the United States Regulate Foreign Bribery: Moralism, Self-Interest, or Altruism?, Kevin E. Davis
Exclusion and Control in the Carceral State, Sharon Dolovich
Teaching Prison Law, Sharon Dolovich
A New Deal for China's Workers? Labor Law Reform in the Wake of Rising Labor Unrest, Cynthia Estlund and Seth Gurgel
The Roosevelt-Cardozo Way: The Case for Bar Eligibility After Two Years of Law School, Samuel Estreicher
A COURSE UNBROKEN: THE CONSTITUTIONAL LEGITIMACY OF THE DORMANT COMMERCE CLAUSE, Barry Friedman and Daniel T. Deacon
A Profession, If You Can Keep It: How Information Technology and Fading Borders are Reshaping the Law Marketplace and What We Should Do About It, Stephen Gillers
Exorcising McCulloch: The Conflict-Ridden History of American Banking Nationalism and Dodd-Frank Preemption, Roderick M. Hills Jr.
The Case for Educational Federalism: Protecting Educational Policy from the National Government's Diseconomies of Scale, Roderick M. Hills Jr.
Compulsory Vaccination, the Constitution, and the Hepatitis B Mandate for Infants and Young Children, Mary Holland
Institutional Free Exercise and Religious Land Use, John Infranca
10 × 10, Samuel Issacharoff
Assembling Class Actions, Samuel Issacharoff
Class Actions and State Authority, Samuel Issacharoff
Federalized America: Reflections on Erie v. Tompkins and State-Based Regulation, Samuel Issacharoff
An Information-Forcing Approach to the Motion to Dismiss, Samuel Issacharoff and Geoffrey P. Miller
US, EU & UK Employment Vetting as Strategy for Preventing Convicted Sex Offenders from Gaining Access to Children, James B. Jacobs and Dimitra Blitsa
A Proposed National Corrections College, James B. Jacobs and Kerry T. Cooperman
Are We There Yet?: On a Path to Closing America's Long-Run Deficit, David Kamin
A Spanish Window on European Law and Policy on Employment Discrimination Based on Criminal Record, Elena Larrauri and James B. Jacobs
Regulatory Review,Capture, and Agency Inaction, Michael A. Livermore and Richard L. Revesz
Getting to the Core of Stern v. Marshall: History, Expertise, and the Separation of Powers, Troy A. McKenzie
TOWARD A BANKRUPTCY MODEL FOR NON-CLASS AGGREGATE LITIGATION, Troy A. McKenzie
Taxation in the Bible, Geoffrey P. Miller
Felix Frankfurter's Revenge: An Accidental Democracy Built by Judges, Burt Neuborne
The House Was Quiet and the World Was Calm the Reader Became the Book' - Reading the Bill of Rights as a Poem, Burt Neuborne
Law and the President, Richard Pildes
Elections, Richard H. Pildes
Ten Works That Mattered Most, Richard H. Pildes
Governing the Anticommons in Aggregate Litigation, D. Theodore Rave
The Cost-and-Delay Narrative in Civil Justice Reform: Its Fallacies and Functions, Danya Shocair Reda
Big Data: The End of Privacy or a New Beginning?, Ira S. Rubinstein
PRIVACY BY DESIGN: A COUNTERFACTUAL ANALYSIS OF GOOGLE AND FACEBOOK PRIVACY INCIDENTS, Ira S. Rubinstein and Nathaniel Good
Preemption as a Judicial End-Run Around the Administrative Process?, Catherine M. Sharkey
Goodyear and Nicastro: Observations from a Transnational and Comparative Perspective, Linda J. Silberman
A PRAGMATIC CRITIQUE OF CORPORATE CRIMINAL THEORY: LESSONS FROM THE EXTREMITY, James G. Stewart
Overdetermined Atrocities, James G. Stewart
UNDERCOVER POLICING, OVERSTATED CULPABILITY, Eda Katharine Tinto
Constitutionalism: A Skeptical View, Jeremy Waldron
Bicameralism, Jeremy J. Waldron
How Law Protects Dignity, Jeremy J. Waldron
Separation of Powers or Division of Power?, Jeremy J. Waldron
The Principle of Loyal Opposition, Jeremy J. Waldron
Upstairs/Downstairs, Fashionwise: A View of Design Protection from Lower Down the Food Chain, Diane L. Zimmerman
The 'New' Privacy and the 'Old': Is Applying the Tort Law of Privacy Like Putting High-Button Shoes on the Internet?, Diane Leenheer Zimmerman
Submissions from 2011
Hobbling the Monitors: Should UN Human Rights Monitors Be Accountable?, Philip Alston
The CIA and Targeted Killings Beyond Borders, Philip Alston
Revisiting the Necessity Defense, José E. Alvarez and Tegan Brink
Narrative Preferences and Administrative Due Process, Jason Alexis Cade
Leading from Behind': The Responsibility to Protect, the Obama Doctrine, and Humanitarian Intervention After Libya, Simon Chesterman
One Nation Under Surveillance: A New Social Contract to Defend Freedom Without Sacrificing Liberty (Introduction), Simon Chesterman
Phone-Hacking, Muck-Raking, and the Future of Surveillance, Simon Chesterman
State-Building, the Social Contract, and the Death of God, Simon Chesterman
The Outlook for UN Reform, Simon Chesterman
The Trajectories of European and American Antidiscrimination Law, Gráinne de Búrca
From Bilski Back to Benson: Preemption, Inventing Around, and the Case of Genetic Diagnostics, Rochelle Dreyfuss and James P. Evans
Negotiating the People's Capital Revisited, Samuel Estreicher
Privileging Asymmetric Warfare (Part III)?: The Intentional Killing of Civilians under International Humanitarian Law, Samuel Estreicher