New York University Public Law and Legal Theory Working Papers
Submissions from 2011
Privileging Asymmetric Warfare (Part II)?: The "Proportionality" Principle Under International Humanitarian Law, Samuel Estreicher
Strategy for Labor Revisited, Samuel Estreicher
DISCIPLINE AND METHOD: THE MAKING OF THE WILL OF THE PEOPLE, Barry Friedman
BECOMING SUPREME: THE FEDERAL FOUNDATION OF JUDICIAL SUPREMACY, Barry Friedman and Erin Delaney
Looking for Law in All the Wrong Places: Some Suggestions for Modeling Legal Decision-making, Barry Friedman and Andrew D. Martin
DUE PROCESS AND THE DETERRENCE RATIONALE FOR PUNITIVE DAMAGES, Mark A. Geistfeld
LEGAL AMBIGUITY, LIABILITY INSURANCE, AND TORT REFORM, Mark A. Geistfeld
The Principle of Misalignment: Duty, Damages, and the Nature of Tort Liability, Mark A. Geistfeld
TORT LAW AND THE INHERENT LIMITATIONS OF MONETARY EXCHANGE: PROPERTY RULES, LIABILITY RULES, AND THE NEGLIGENCE RULE, Mark A. Geistfeld
Political Will and Fiscal Federalism in Municipal Bankruptcy, Clayton P. Gillette
Deliberation, Responsibility, and Excusing Mistakes of Law, Alex Guerrero
The People’s Right: Reimagining the Right to Counsel, Martin Guggenheim
U.S. Supreme Court Amicus Brief of Civil Procedure Professors in Support of Respondents, Wal-Mart Stores, Inc. v. Dukes, No. 10-277, Melissa Hart, Alexandra D. Lahav, Arthur Miller, Paul M. Secunda, and Adam Steinman
Preemption Doctrine in the Roberts Court: Constitutional Dual Federalism by Another Name?, Roderick M. Hills Jr.
Balancing the “Zoning Budget”, Roderick M. Hills Jr. and David Schleicher
Unanswered Questions from the Vaccine Injury Compensation Program: A Review of Compensated Cases of Vaccine-Induced Brain Injury, Mary Holland, Louis Conte, Robert Krakow, and Lisa Colin
Permitting Pluralism: The Seal Products Dispute and Why the WTO Should Accept Trade Restrictions Justified by Noninstrumental Moral Values, Robert Howse and Joanna Langille
Racketeering and the decline of the labor movement, James B. Jacobs
Paedophiles, Employment Discrimination, and European Integration, James B. Jacobs and Dimitra Blitsa
Keeping Firearms Out of the Hands of the Dangerously Mentally Ill, James B. Jacobs and Jennifer Jones
International Courts: Uneven Judicialization in Global Order, Benedict Kingsbury
FROM BILATERALISM TO PUBLICNESS IN INTERNATIONAL LAW, Benedict Kingsbury and Megan Donaldson
Introduction: The Roman Foundations of the Law of Nations, Benedict Kingsbury and Benjamin Straumann
The State of Nature and Commercial Sociability in Early Modern International Legal Thought, Benedict Kingsbury and Benjamin Straumann
How does European Union Law Fit into the World of Public Law? Costa, Kadi and Three Conceptions of Public Law, Mattias Kumm
Reforming the Good Moral Character Requirement for U.S. Citizenship, Kevin Lapp
International Financial Institutions, Transnational Corporations and Duties of States, Smita Narula
Reclaiming the Right to Food as a Normative Response to the Global Food Crisis, Smita Narula
The Rights-Based Approach to Intellectual Property and Access to Medicine: Parameters and Pitfalls, Smita Narula
The Gravitational Pull of Race on the Warren Court, Burt Neuborne
Not Guilty as Charged: The Myth of Mens Rea for Defendants with Mental Retardation, Elizabeth Nevins-Saunders
Elections as a Distinct Sphere Under the First Amendment, Richard Pildes
Is the Supreme Court a 'Majoritarian' Institution?, Richard H. Pildes
Administering Justice: Removing Statutory Barriers to Reentry, Joy Radice
(Re)Forming the Jury: Detection and Disinfection of Implicit Juror Bias, Anna Roberts
Agency Delays: How a Principal-Agent Approach Can Inform Judicial and Executive Branch Review of Agency Foot-Dragging, Michael Sant'Ambrogio
Baehr v. Lewin and the Long Road to Marriage Equality, Michael D. Sant'Ambrogio and Sylvia A. Law
INDICATORS IN CRISIS: RIGHTS-BASED HUMANITARIAN INDICATORS IN POST-EARTHQUAKE HAITI, Margaret L. Satterthwaite
Inside Agency Preemption, Catherine M. Sharkey
Home, Home on the Web and Other Fourth Amendment Implications of Technosocial Change, Katherine J. Strandburg
WAVERING ON WAIVER: MONTEJO V. LOUISIANA AND THE SIXTH AMENDMENT RIGHT TO COUNSEL, Eda Katharine Tinto
Does ‘Equal Moral Status’ Add Anything to Right Reason?, Jeremy Waldron
Persons, Community, and the Image of God in Rawls’s Brief Inquiry, Jeremy Waldron
The Principle of Proximity, Jeremy Waldron
Thoughtfulness and the Rule of Law, Jeremy Waldron
A Religious View of the Foundations of International Law, Jeremy J. Waldron
Can Targeted Killing Work as a Neutral Principle?, Jeremy J. Waldron
Stare Decisis and the Rule of Law: A Layered Approach, Jeremy J. Waldron
The Hamlyn Lectures 2011: The Rule of Law and the Measure of Property, Jeremy J. Waldron
What are Moral Absolutes Like?, Jeremy J. Waldron
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
TO CATCH A PREDATOR, Amy M. Adler
Are Corporations “Subjects” of International Law?, José E. Alvarez
Federalism and Criminal Law: What the Feds Can Learn from the States, Rachel E. Barkow
Insulating Agencies: Avoiding Capture Through Institutional Design, Rachel E. Barkow
Organizational Guidelines for the Prosecutor's Office, Rachel E. Barkow
Household Income Volatility and Tax Policy: Helping More and Hurting Less, Testimony Before the U.S. Joint Economic Committee, Lily L. Batchelder
Reform Options for the Estate Tax System: Targeting Unearned Income, Testimony Before the U.S. Senate Committee on Finance, Lily L. Batchelder
Modeling Collegial Courts (3): Adjudication Equilibria (Revised), Charles M. Cameron and Lewis A. Kornhauser
Lawyers, Guns, and Money: The Governance of Business Activities in Conflict Zones, Simon Chesterman
Ordinary Citizens or a License to Kill? The Turn to Law in Regulating Britain’s Intelligence Services, Simon Chesterman
Review Essay: International Territorial Administration and the Limits of Law, Simon Chesterman
Legal Universalism: Persistent Objections, Kevin E. Davis
Indicators as a Technology of Global Governance, Kevin E. Davis, Benedict Kingsbury, and Sally Engle Merry
A Return to Governance in the Law of the Workplace (and the Question of Worker Participation), Cynthia Estlund
A Post-Formation Right of Withdrawal from Customary International Law?: Some Cautionary Notes, Samuel Estreicher
Privileging Asymmetric Warfare?: Defender Duties Under International Humanitarian Law, Samuel Estreicher
The Forum for Adjudication of Employment Disputes, Samuel Estreicher and Zev J. Eigen
Opting For a Legislative Alternative to the Fourth Amendment Exclusionary Rule, Samuel Estreicher and Daniel Weick
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