New York University Public Law and Legal Theory Working Papers
Submissions from 2010
Language Access in State Courts, Laura Abel
Toward a Right to Counsel in Civil Cases in New York State: A Report of the New York State Bar Association, Laura Abel
Federalism and Criminal Law: What the Feds Can Learn from the States, Rachel E. Barkow
Organizational Guidelines for the Prosecutor's Office, Rachel E. Barkow
Intellectual Property Law and the Sumptuary Code, Barton Beebe
Opting Out of Customary International Law? Some Cautionary Notes, Samuel Estreicher
Opting For a Legislative Alternative to the Fourth Amendment Exclusionary Rule, Samuel Estreicher and Daniel Weick
Beyond Compliance: Rethinking Why International Law Really Matters, Robert Howse and Ruti Teitel
Judging in the Time of the Extraordinary, Samuel Issacharoff
Global Administrative Law Dimensions of International Organizations Law, Benedict Kingsbury and Lorenzo Casini
Asia's Role in Global Governance: World Economic Forum Global Redesign Initiative - Singapore Hearing, Kishore Mahbubani and Simon Chesterman
Golden Calves, Stone Tablets, and Fundamental Law, Geoffrey P. Miller
Political Parties and Constitutionalism, Richard Pildes
Separation of Powers, Independent Agencies, and Financial Regulation: The Case of the Sarbanes-Oxley Act, Richard Pildes
Privacy and Regulatory Innovation: Moving Beyond Voluntary Codes, Ira S. Rubinstein
The Case Against Foreign Tax Credits, Daniel Shaviro
Legitimacy and Deterrence Effects in Counter-Terrorism Policing: A Study of Muslim Americans, Tom Tyler, Stephen Schulhofer, and Aziz Huq
Submissions from 2009
Against Moral Rights, Amy M. Adler
MEDUSA: A GLIMPSE OF THE WOMAN IN FIRST AMENDMENT LAW, Amy M. Adler
Contracting Over Liability: Medical Malpractice and the Cost of Choice, Jennifer Arlen
The Prisoners’ (Plea Bargain) Dilemma, Oren Bar-Gill and Omri Ben-Shahar
Modeling Collegial Courts (3): Adjudication Equilibria, Charles M. Cameron and Lewis A. Kornhauser
Global Administrative Law (Working Paper for the S.T. Lee Project on Global Governance), Simon Chesterman
'I'll Take Manhattan': The International Rule of Law and the United Nations Security Council, Simon Chesterman
Intelligence Cooperation in International Operations: Peacekeeping, Weapons Inspections, and the Apprehension and Prosecution of War Criminals, Simon Chesterman
Legal and Ethical Perspectives on Industry Support to Air Operations, Simon Chesterman
Swiss Security Policy Hearings 2009 - Neutrality and its Discontents, Simon Chesterman
Private Security, Public Order: The Outsourcing of Public Services and Its Limits (Introduction), Simon Chesterman and Angelina Fisher
The President and Immigration Law, Adam B. Cox and Cristina M. Rodriguez
CIVIL REMEDIES FOR CORRUPTION IN GOVERNMENT CONTRACTING: ZERO TOLERANCE VERSUS PROPORTIONAL LIABILITY, Kevin E. Davis
Just the Facts: The Case for Workplace Transparency, Cynthia Estlund
Employer Reputation at Work, Samuel Estreicher
Improving the Administration of the National Labor Relations Act Without Statutory Change, Samuel Estreicher
Trade Unionism Under Globalization: the Demise of Voluntarism?, Samuel Estreicher
Reconstructing Reconstruction: Some Problems For Originalists (And For Everyone Else, Too), Barry Friedman
The Story of Ex parte Young: Once Controversial, Now Canon, Barry Friedman
Efficiency, Fairness, and the Economic Analysis of Tort Law, Mark A. Geistfeld
The Value of Consumer Choice in Products Liability, Mark A. Geistfeld
Restatement (Third) of Torts Symposium: “Social Value as a Policy-Based Limitation of the Ordinary Duty to Exercise Reasonable Care.”, Mark A. Geistfeld
Fiscal Home Rule, Clayton P. Gillette
Texas Polygamy and Child Welfare, Martin Guggenheim
The AAML’s Revised Standards for Representing Children in Custody and Visitation Proceedings: The Reporter’s Perspective, Martin Guggenheim
Ducking Trouble: Congressionally-Induced Selection Bias in the Supreme Court’s Agenda, Anna Harvey and Barry Friedman
Federalism and Public Choice, Roderick M. Hills Jr.
AN EMPIRE OF LAW: CHANCELLOR KENT AND THE REVOLUTION IN BOOKS IN THE EARLY REPUBLIC, Daniel Hulsebosch
THE LAW, ECONOMICS, AND POLICY OF URBAN CONGESTION, Christian Iaione
Political Safeguards in Democracy at War, Samuel Issacharoff
Pragmatic Originalism?, Samuel Issacharoff
The Public Value of Settlement, Samuel Issacharoff and Robert Klonoff
Democracy and Electoral Processes, Samuel Issacharoff and Laura Miller
The Institutional Dimension of Consumer Protection, Samuel Issacharoff and Ian Samuel
The Concept of ‘Law’ in Global Administrative Law, Benedict Kingsbury
Investor-State Arbitration as Governance: Fair and Equitable Treatment, Proportionality and the Emerging Global Administrative Law, Benedict Kingsbury and Stephan Schill
American Hegemony and the Foreign Affairs Constitution, Robert H. Knowles
Democracy is not enough: Rights, proportionality and the point of judicial review, Mattias Kumm
Narrative and Truth in Judicial Opinions: Corporate Charitable Giving Cases, Geoffrey P. Miller
Origin of Obligation: Genesis 2:4b-3:24, Geoffrey P. Miller
The Corporate Law Background of the Necessary and Proper Clause, Geoffrey P. Miller
Unraveling Guantánamo: Detention, Trials and the "Global War" Paradigm, Stephen Schulhofer
The Undertraining of Lawyers and Its Effect on the Advancement of Women and Minorities in the Legal Profession, Irene Segal Ayers
Drug Advertising Claims: Preemption's New Frontier, Catherine M. Sharkey
Federalism Accountability: 'Agency-Forcing' Measures, Catherine M. Sharkey
GMO Trade Regulation and Developing Countries, Richard B. Stewart
U.S. Nuclear Waste Law and Policy: Fixing a Bankrupt System, Richard B. Stewart
Climate Finance for Limiting Emissions and Promoting Green Development: Mechanisms, Regulation and Governance, Richard B. Stewart, Benedict Kingsbury, and Bryce Rudyk
Climate Finance: Key Concepts and Ways Forward, Richard B. Stewart, Benedict Kingsbury, and Bryce Rudyk
The World Trade Organization and Global Administrative Law, Richard B. Stewart and Michelle Ratton Sanchez Badin
Cross-judging: tribunalization in a fragmented but interconnected global order, Ruti Teitel and Robert Howse
A Majority in the Lifeboat, Jeremy J. Waldron
Are Sovereigns Entitled to the Benefit of the International Rule of Law?, Jeremy J. Waldron
Civilians, Terrorism, and Deadly Serious Conventions, Jeremy J. Waldron
Dignity, Rank, and Rights: The 2009 Tanner Lectures at UC Berkeley, Jeremy J. Waldron
The Decline of Natural Right, Jeremy J. Waldron
Who Needs Rules of Recognition?, Jeremy J. Waldron
Submissions from 2008
All Porn All the Time, Amy M. Adler
Corporate Policing and Corporate Governance: What Can We Learn From Hewlett-Packard’s Pretexting Scandal?, Miriam H. Baer
Institutional Design and the Policing of Prosecutors: Lessons from Administrative Law, Rachel E. Barkow
THE COURT OF LIFE AND DEATH: THE TWO TRACKS OF CONSTITUTIONAL SENTENCING LAW AND THE CASE FOR UNIFORMITY, Rachel E. Barkow
The Ascent of the Administrative State and the Demise of Mercy, Rachel E. Barkow
Law as Politics: The Russian Procuracy and its Investigative Committee, Ethan S. Burger Esq. and Mary Holland
Modeling Collegial Courts (3): Judicial Objectives, Opinion Content, Voting and Adjudication Equilibria, Charles Cameron and Lewis Kornhauser
An International Rule of Law?, Simon Chesterman
Does ASEAN Exist? The Association of Southeast Asian Nations as an International Legal Person, Simon Chesterman
I Spy, Simon Chesterman
Leashing the Dogs of War: The Rise of Private Military and Security Companies, Simon Chesterman
THE GLOBALISATION OF LEGAL EDUCATION, Simon Chesterman
The Turn to Ethics: Disinvestment from Multinational Corporations for Human Rights Violations - The Case of Norway's Sovereign Wealth Fund, Simon Chesterman
The UN Security Council and the Rule of Law, Simon Chesterman
UNaccountable? The United Nations, Emergency Powers, and the Rule of Law in Asia, Simon Chesterman
'We Can't Spy... If We Can't Buy!': The Privatization of Intelligence and the Limits of Outsourcing 'Inherently Governmental Functions', Simon Chesterman
The Relationship between Law and Development: Optimists Versus Skeptics, Kevin E. Davis and Michael Trebilcock
The Non-Preferment Principle and the 'Racial Tiebreaker' Cases, Samuel Estreicher
"Think Global, Act Local": Workplace Representation in a World of Global Labor and Product Market Competition, Samuel Estreicher
The Wisdom of Soft Judicial Power: Mr. Justice Powell Concurring, Samuel Estreicher and Tristan Pelham-Webb
The Case for Antitrust Civil Penalties, Harry First
Punitive Damages, Retribution, and Due Process, Mark Geistfeld
Can Public Debt Enhance Democracy?, Clayton P. Gillette
Debating the Transformation of American Law: James Kent, Joseph Story, and the Legacy of the Revolution, Daniel Hulsebosch
Meriwether Lewis, the Air Force, and the Surge: The Problem of Constitutional Settlement, Samuel Issacharoff
Private Claims, Aggregate Rights, Samuel Issacharoff