New York University Public Law and Legal Theory Working Papers
Submissions from 2010
Reply: The Will of the People and the Process of Constitutional Change, Barry Friedman
THE WAGES OF STEALTH OVERRULING (WITH PARTICULAR ATTENTION TO MIRANDA V. ARIZONA), Barry Friedman
A CIVILIZED NATION: THE EARLY AMERICAN CONSTITUTION, THE LAW OF NATIONS, AND THE PURSUIT OF INTERNATIONAL RECOGNITION, David M. Golove and Daniel J. Hulsebosch
Reconsidering Compulsory Childhood Vaccination, Mary Holland
Beyond Compliance: Rethinking Why International Law Really Matters, Robert Howse and Ruti Teitel
Constitutional Courts and Democratic Hedging, Samuel Issacharoff
Judging in the Time of the Extraordinary, Samuel Issacharoff
On Political Corruption, Samuel Issacharoff
Global Administrative Law Dimensions of International Organizations Law, Benedict Kingsbury and Lorenzo Casini
Reply: The Complexity of Commons, Michael J. Madison, Brett M. Frischmann, and Katherine J. Strandburg
Asia's Role in Global Governance: World Economic Forum Global Redesign Initiative - Singapore Hearing, Kishore Mahbubani and Simon Chesterman
Consent of the Governed in the Hebrew Bible, Geoffrey P. Miller
Golden Calves, Stone Tablets, and Fundamental Law, Geoffrey P. Miller
Leadership, Self-Governance and Nationhood in the Hebrew Bible, Geoffrey P. Miller
Logos and Narrative, Geoffrey P. Miller
Monarchy in the Hebrew Bible, Geoffrey P. Miller
Nationhood and Law in the Hebrew Bible, Geoffrey P. Miller
Nomadism, Dependency, Slavery and Nationhood: Comparative Politics in the Book of Exodus, Geoffrey P. Miller
Of Floods and Towers: The Bible’s Affirmative Case for Law and Government, Geoffrey P. Miller
Patriarchy: The Political Theory of Family Authority in the Book of Genesis, Geoffrey P. Miller
Revelation and Legitimacy in the Hebrew Bible, Geoffrey P. Miller
Sovereignty and Conquest in the Hebrew Bible, Geoffrey P. Miller
The Book of Judges: The Hebrew Bible’s Federalist Papers, Geoffrey P. Miller
The Dark Age: How the Biblical Narratives Demonstrate the Necessity for Law and Government, Geoffrey P. Miller
FREE ENTERPRISE FUND, BOUNDARY-ENFORCING DECISIONS, AND THE UNITARY EXECUTIVE BRANCH THEORY OF GOVERNMENT ADMINISTRATION, Richard Pildes
Political Parties and Constitutionalism, Richard Pildes
Separation of Powers, Independent Agencies, and Financial Regulation: The Case of the Sarbanes-Oxley Act, Richard Pildes
The Unknown Justice Thomas: An Introduction to the Symposium, Richard Pildes
Why the Center Does Not Hold: The Causes of Hyperpolarized Democracy in America, Richard Pildes
Climate Change and Future Generations, Richard L. Revesz and Matthew R. Shahabian
Regulatory Change and Optimal Transition Relief, Richard L. Revesz and Allison L. Westfahl Kong
A Review of Peter Spiro's Beyond Citizenship: American Citizenship after Globalization, Cristina M. Rodriguez
Building Capacity for the Transnational Regulation of Migration, Cristina M. Rodriguez
Constraint Through Delegation: The Case of Executive Control Over Immigration Policy, Cristina M. Rodriguez
Latinos: Discrete and Insular No More, Cristina M. Rodriguez
Non-Citizen Voting and the Extra-Constitutional Construction of the Polity, Cristina M. Rodriguez
Privacy and Regulatory Innovation: Moving Beyond Voluntary Codes, Ira S. Rubinstein
The Constitutional Status of Irregular Migrants: Testing the Boundaries of Human Rights Protection in Spain and the United States, Ruth Rubio-Marin and Cristina M. Rodriguez
The Legal Regime Governing Transfer of Persons in the Fight Against Terrorism, Margaret L. Satterthwaite
Exploiting the Salience Bias in Designing Taxes, Deborah Schenk
Secrecy and Democracy: Who Controls Information in the National Security State?, Stephen J. Schulhofer
American Policing at a Crossroads, Stephen J. Schulhofer, Tom R. Tyler, and Aziz Z. Huq
Taxation and the Financial Sector, Douglas A. Shackelford, Daniel N. Shaviro, and Joel B. Slemrod
Against Freewheeling, Extratextual Obstacle Preemption: Is Justice Thomas the Lone Principled Federalist?, Catherine M. Sharkey
Federal Incursions and State Defiance: Punitive Damages in the Wake of Philip Morris v. Williams, Catherine M. Sharkey
The Exxon Valdez Litigation Marathon: A Window on Punitive Damages, Catherine M. Sharkey
The Case Against Foreign Tax Credits, Daniel Shaviro
The David R. Tillinghast Lecture: The Rising Tax-Electivity of U.S. Corporate Residence, Daniel N. Shaviro
Legitimacy and Deterrence Effects in Counter-Terrorism Policing: A Study of Muslim Americans, Tom Tyler, Stephen Schulhofer, and Aziz Huq
Dignity, Rights, and Responsibilities, Jeremy Waldron
Secularism and the Limits of Community, Jeremy Waldron
Socioeconomic Rights and Theories of Justice, Jeremy Waldron
The Image of God: Rights, Reason, and Order, Jeremy Waldron
The Mother Too Hath Her Title' - John Locke on Motherhood and Equality, Jeremy Waldron
The Rule of Law and the Importance of Procedure, Jeremy Waldron
Toleration and Calumny: Bayle, Locke, Montesquie and Voltaire on Religious Hate Speech, Jeremy Waldron
Torture, Suicide, and Determinatio, Jeremy Waldron
Two-Way Translation: The Ethics of Engaging with Religious Contributions in Public Deliberation, Jeremy Waldron
Vagueness and the Guidance of Action, Jeremy Waldron
The Statute of Anne and Its Progeny: Variations without a Theme, Diane L. Zimmerman
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