New York University Public Law and Legal Theory Working Papers
Submissions from 2008
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
The Constitutional Logic of Campaign Finance Regulation, Samuel Issacharoff
Rethinking Drug Inadmissibility, Nancy Morawetz
Privacy, Accountability, and the Cooperating Defendant: Towards a New Role for Internet Access to Court Records, Caren Myers Morrison
EQUAL BY LAW, UNEQUAL BY CASTE: THE “UNTOUCHABLE” CONDITION IN CRITICAL RACE PERSPECTIVE, Smita Narula
The Story of Narmada Bachao Andolan: Human Rights in the Global Economy and the Struggle Against the World Bank, Smita Narula
Little Brother is Watching You: New Paternalism on the Slippery Slopes, Mario J. Rizzo and Douglas G. Whitman
Against Individualized Consideration, Cristina M. Rodriguez
From Litigation, Legislation: A Review of Brian Landsberg's Free at Last to Vote: The Alabama Origins of the 1965 Voting Rights Act, Cristina M. Rodriguez
Guest Workers and Integration: Toward a Theory of What Immigrants and Americans Owe One Another, Cristina M. Rodriguez
Latinos and Immigrants, Cristina M. Rodriguez
The Citizenship Paradox in a Transnational Age (a review of Hiroshi Motomura's "Americans in Waiting"), Cristina M. Rodriguez
The Significance of the Local in Immigration Regulation, Cristina M. Rodriguez
The Trust in Indicators: Measuring Human Rights, AnnJanette Rosga and Margaret L. Satterthwaite
The Story of El–Masri v. Tenet: Human Rights and Humanitarian Law in the ‘‘War on Terror’’, Margaret L. Satterthwaite
What Riegel Portends for FDA Preemption of State Law Products Liability Claims, Catherine M. Sharkey
Basic Equality, Jeremy Waldron
Can There Be a Democratic Jurisprudence?, Jeremy Waldron
Cruel, Inhuman, and Degrading Treatment: The Words Themselves, Jeremy Waldron
Ius Gentium: A Defense of Gentili's Equation of the Law of Nations and the Law of Nature, Jeremy Waldron
Submissions from 2007
A Theory of Adjudication: Law as Magic, Jessie Allen
Insuring Corporate Crime, Miriam H. Baer
Defining Armed Conflict, Natasha Balendra
From Mercenaries to Market: The Rise and Regulation of Private Military Companies (Introduction), Simon Chesterman and Chia Lehnardt
Measuring the Value of Class and Collective Action Employment Settlements: A Preliminary Assessment, Samuel Estreicher and Kristina Yost
An Anti-Monopoly Law for China – Scaling the Walls of Protectionist Government Restraints, Eleanor M. Fox
Economic Development, Poverty, and Antitrust: The Other Path, Eleanor M. Fox
Pulling Punches: Congressional Constraints on the Supreme Court’s Constitutional Rulings, 1987–2000, Anna Harvey and Barry Friedman
Local self-government, local public entrepreneurship and judicial intervention. The aftermath of global competition among local governments?, Christian Iaione
Countering the Unfair Play of DRM Technologies, Nicola Lucchi
Citizenship and the Courts, Nancy Morawetz
Grandfathering and Environmental Regulation: The Law and Economics of New Source Review, Jonathan R. Nash and Richard Revesz
Living Without Copyright in a Digital World, Diane L. Zimmerman
Submissions from 2006
Girls! Girls! Girls!: The Supreme Court Confronts the G-String, Amy M. Adler
Originalists, Politics, and Criminal Law on the Rehnquist Court, Rachel E. Barkow
Delegating Punitive Power: The Political Economy of Sentencing Commission and Guideline Formation, Rachel E. Barkow and Kathleen M. O'Neill
Home and Away: The Construction of Citizenship in an Emigration Context, Kim Barry
Expanding the Conversation: American and Canadian Experiences of Constitutional Dialogue in Comparative Perspective, Christine A. Bateup
Only a Dictatorship is Efficient or Neutral, Jean-Pierre Benoit and Lewis A. Kornhauser
Between Rights and Contract: Arbitration Agreements and Non-Compete Covenants as a Hybrid Form of Employment Law, Cynthia Estlund
Toward a Political Theory of Constitutional Default Rules, John A. Ferejohn and Barry Friedman
Microsoft and the Evolution of the Intellectual Property Concept, Harry First
Re-Framing Windows: The Durable Meaning of the Microsoft Antitrust Litigation, Harry First and Andrew I. Gavil
Taking Law Seriously, Barry Friedman
The Politics of Judicial Review, Barry Friedman
The Doctrinal Unity of Alternative Liability and Market-Share Liability, Mark Geistfeld
Comparative Law at the Service of Democracy: A Reading of Arosemena's Constitutional Studies of the Latin American Governments, Miguel Gonzalez Marcos
A DISCRETE AND COSMOPOLITAN MINORITY: THE LOYALISTS, THE ATLANTIC WORLD, AND THE ORIGINS OF JUDICIAL REVIEW, Daniel Hulsebosch
Fragile Democracies, Sam Issacharoff
Settled Expectations in a World of Unsettled Law: Choice of Law after the Class Action Fairness Act, Sam Issacharoff
Getting Beyond Kansas, Samuel Issacharoff
Backdoor Federalization, Samuel Issacharoff and Catherine M. Sharkey
Judicial Opinions as "Minefields of Misinformation": Antecedents, Consequences and Remedies, Jacob Jacoby
Constitutional Democracy Encounters International Law: Terms of Engagement, Mattias Kumm
What Do You Have in Virtue of Having a Constitutional Right? On the Place and Limits of the Proportionality Requirement, Mattias Kumm
Bargaining and Opinion Assignment on the U.S. Supreme Court, Jeffrey R. Lax and Charles M. Cameron
Separation of Parties, Not Powers, Daryl J. Levinson and Richard H. Pildes
Updating American Administrative Law: WTO, International Standards, Domestic Implementation and Public Participation, David Livshiz
The Invisible Border: Restrictions on Short-Term Travel for Noncitizens, Nancy Morawetz
The Constitution and Political Competition, Richard H. Pildes
The Future of Voting Rights Policy: From Anti-Discrimination to the Right to Vote, Richard H. Pildes
Tough Love: The Dramatic Birth and Looming Demise of UNCLOS Property Law, Peter S. Prows
Language Diversity in the Workplace, Cristina M. Rodriguez
From the Consensual to the Compulsory Paradigm in International Adjudication: Elements for a Theory of Consent, Cesare P.R. Romano
Rendered Meaningless: Extraordinary Rendition and the Rule of Law, Margaret L. Satterthwaite
Interpreting the Hague Abduction Convention: In Search of a Global Jurisprudence, Linda J. Silberman
U.S. Administrative Law: A Model for Global Administrative Law?, Richard B. Stewart
The Importance of Realizing 'Other Rights' to Prevent Sex Trafficking, Jonathan Todres
Informal Procedure, Hard and Soft, in International Administration, David Zaring
Submissions from 2005
Separation of Powers and the Criminal Law, Rachel E. Barkow
The Dialogic Promise: Assessing the Normative Potential of Theories of Constitutional Dialogue, Christine A. Bateup
Law, Culture, and Ritual: Disputing Systems in Cultural Context, Oscar Chase
THE EFFECTS OF JURY IGNORANCE ABOUT DAMAGE CAPS: THE CASE OF THE 1991 CIVIL RIGHTS ACT, Rebecca Hollander-Blumoff and Matthew T. Bodie
The Emergence of Global Administrative Law, Benedict Kingsbury, Nico Krisch, and Richard B. Stewart
The International Legal Order , Benedict W. Kingsbury
Law, Politics, and Impeachment: The Impeachment of Roh Moo-hyun from a Comparative Constitutional Perspective , Youngjae Lee
The Constitutional Right Against Excessive Punishment, Youngjae Lee
Language and Participation, Cristina M. Rodriguez
Submissions from 2004
The Cycles of Constitutional Theory, Barry Friedman
The Constitutionalization of Democratic Politics - The Supreme Court, 2003 Term , Richard H. Pildes