University of Southern California
University of Southern California Legal Studies Working Paper Series
Papers from 2012
Varieties of Vagueness in the Law, Andrei Marmor (April 12, 2012)
Law, Power, and "Rumors of War": Robert Jackson Confronts Law and Security After Nuremberg, Mary L. Dudziak (April 9, 2012)
Innocence Interrupted: Reconstructing Fatherhood in the Shadow of Child Molestation, Camille Gear Rich (February 17, 2012)
Farewell to Conceptual Analysis (in Jurisprudence), Andrei Marmor (January 23, 2012)
War-Time: An Idea, Its History, Its Consequences, Mary L. Dudziak (January 9, 2012)
Papers from 2011
E-race-ing Gender: The Racial Construction of Prison Rape, Kim S. Buchanan (November 23, 2011)
The Benefits of a Right to Silence for the Innocent, Shmuel Leshem (November 18, 2011)
Truth in Law, Andrei Marmor (November 3, 2011)
An Institutional Conception of Authority, Andrei Marmor (September 21, 2011)
All Born to Freedom? Comparing the Law and Politics of Race and the Memory of Slavery in the U.S. and France Today, Ariela J. Gross (August 15, 2011)
The Selection of Thirteenth-Century Disputes for Litigation, Daniel M. Klerman (July 28, 2011)
Lay Judgments of Judicial Decision-Making, Dan Simon and Nicholas Scurich (July 28, 2011)
Assisted Living for the Constitution, Rebecca L. Brown (July 27, 2011)
Will and Principle, Rebecca L. Brown (July 27, 2011)
Righting the Relationship Between Race and Religion in Law, Nomi M. Stolzenberg (June 6, 2011)
The Pursuit of Intimacy and Parental Rights, Scott Altman (March 1, 2011)
Informed Consent to Psychoanalysis: The Law, The Theory, and the Data, Elyn R. Saks (March 1, 2011)
The Limited Diagnosticity of Criminal Trials, Dan Simon (February 3, 2011)
The Defense of Marriage Act and Uncategorical Federalism, David B. Cruz (January 21, 2011)
Papers from 2010
A Sword and a Shield: The Uses of Law in the Bush Administration, Mary L. Dudziak (October 4, 2010)
Taking Blessings Seriously: A Comment on Ronald R. Garet's "To Secure the Blessings", Nomi M. Stolzenberg (September 23, 2010)
Unlimited War and Social Change: Unpacking the Cold War's Impact, Mary L. Dudziak (September 13, 2010)
Just Say No: Birth Control in the Connecticut Supreme Court Before Griswold v. Connecticut, Mary L. Dudziak (July 20, 2010)
To Secure the Blessings, Ronald R. Garet (July 19, 2010)
The Case of "Death for a Dollar Ninety-Five": Miscarriages of Justice and Constructions of American Identity, Mary L. Dudziak (May 27, 2010)
The Dilemma of Authority, Andrei Marmor (April 20, 2010)
Rawlsian Fairness and Regime Choice in the Law of Accidents, Gregory C. Keating (March 25, 2010)
Putting "Duty" in its Place: A Reply to Professors Goldberg and Zipursky, Dilan Esper and Gregory C. Keating (March 25, 2010)
Is Negligent Infliction of Emotional Distress A Freestanding Tort?, Gregory C. Keating (March 25, 2010)
After Kelo, Curbing Opportunistic TIF-Driven Economic Development: Forgoing Ineffectual Blight Tests; Empowering Property Owners and School Districts, George Lefcoe (March 25, 2010)
The Congress Within the Congress: How Tax Expenditures Distort Our Budget and Our Political Processes, Edward D. Kleinbard (March 15, 2010)
The Dilemma of Direct Democracy, Craig M. Burnett, Elizabeth Garrett, and Mathew McCubbins (March 1, 2010)
Comparative Studies of Law, Slavery and Race in the Americas, Alejandro de la Fuente and Ariela J. Gross (February 9, 2010)
Children’s reasoning about disclosing adult transgressions: Effects of maltreatment, child age, and adult identity, Thomas D. Lyon, Elizabeth A. Ahern, Lindsay A. Malloy, and Jodi A. Quas (February 1, 2010)
Investigative interviewing of the child, Thomas D. Lyon (February 1, 2010)
Book Review: Jeff Benedict's "Little Pink House": The Back Story of the Kelo Case, George Lefcoe (January 22, 2010)
Should We Ban or Welcome "Spec" Home Buyers?, George Lefcoe (January 22, 2010)
Higher Demand, Lower Supply? A Comparative Assessment of the Legal Landscape for Ordinary Americans, Gillian K. Hadfield (January 1, 2010)
Papers from 2009
Can the Law Imply More Than It Says? -- On Some Pragmatic Aspects of Strategic Speech, Andrei Marmor (December 3, 2009)
Langdell and the Invention of Legal Doctrine, Catharine Wells (November 10, 2009)
The Story of TVA v. Hill: Congress Has the Last Word, Elizabeth Garrett (November 9, 2009)
Gendered Laws, Racial Stories, Kim S. Buchanan (September 25, 2009)
Board of Education of Kiryas Joel Village School District v. Grumet: A Religious Group's Quest For Its Own Public School, Nomi Stolzenberg (July 30, 2009)
Deep and Wide: Justice Marshall's Contributions to Constitutional Law, Rebecca L. Brown (July 9, 2009)
The Role of International Law Firms and Multijural Legal Human Capital in the Harmonization of Legal Regimes, Gillian K. Hadfield (July 1, 2009)
Facts on the Ground, Nomi M. Stolzenberg (June 4, 2009)
Ethical Norms and the International Governance of Genetic Databases and Biobanks: Findings from an International Study, Alexander M. Capron, Alexandre Mauron, Bernice S. Elger, Andrea Boggio, Agomoni Ganguli-Mitra, and Nikola Biller-Andorno (June 4, 2009)
Truth induction in young maltreated children: The effects of oath-taking and reassurance on true and false disclosures, Thomas D. Lyon and Joyce Dorado (May 15, 2009)
Coaching, Truth Induction, and Young Maltreated Children's False Allegations and False Denials, Thomas D. Lyon, Lindsay C. Malloy, J A. Quas, and Victoria A. Talwar (May 15, 2009)
Abuse Disclosure: What Adults Can Tell, Thomas D. Lyon (May 15, 2009)
Complex Questions Asked by Defense Lawyers But Not Prosecutors Predicts Convictions in Child Abuse Trials, Angela D. Evans, Kang Lee, and Thomas D. Lyon (May 15, 2009)
The Supreme Court, Hearsay, and CRAWFORD: Implications for Child Interviewers, Thomas D. Lyon (May 15, 2009)
Young Children's Competency to Take the Oath: Effects of Task, Maltreatment, and Age, Thomas D. Lyon, Nathalie Carrick, and J A. Quas (May 15, 2009)
Maltreated and Nonmaltreated Children's Evaluations of Emotional Fantasy, Nathalie Carrick, J A. Quas, and Thomas D. Lyon (May 15, 2009)
Legal and psychological support for the NICHD interviewing protocol: Author's response to Vieth (2008), Thomas D. Lyon, Michael E. Lamb, and J.E.B. Myers (May 15, 2009)
Argument Selection in Constitutional Law: Choosing and Reconstructing Conceptual Systems, Michael Shapiro (May 13, 2009)
The Constitution of History and Memory, Ariela J. Gross (May 11, 2009)
Legal Transplants: Slavery and the Civil Law in Louisiana, Ariela J. Gross (May 11, 2009)
Law, War, and the History of Time, Mary L. Dudziak (April 7, 2009)
Legal Barriers to Innovation, Gillian K. Hadfield (April 1, 2009)
What Dignity Demands: The Challenges of Creating Sexual Harassment Protections for Non-Workplace Settings, Camille Gear Rich (March 25, 2009)
Marginal Whiteness, Camille Gear Rich (March 25, 2009)
Direct Democracy and Public Choice, Elizabeth Garrett (January 9, 2009)
Papers from 2008
Mark Tushnet's Thurgood Marshall and the Rule of Law, Mary L. Dudziak (September 10, 2008)
New Voices in Politics: Justice Marshall's Jurisprudence on Law and Politics, Elizabeth Garrett (September 10, 2008)
17. Quas, J.A., Wallin, A.R., Horwitz, B., Davis, E., & Lyon, T.D. (2009). Maltreated children’s understanding of and emotional reactions to dependency court involvement. Behavioral Sciences & the Law, 27, 97-117., Thomas D. Lyon (April 1, 2008)
Redevelopment Takings After Kelo: What's Blight Got to Do with it?, George Lefcoe (March 17, 2008)
The Levers of Legal Design: Institutional Determinants of the Quality of Law, Gillian K. Hadfield (January 1, 2008)
Exporting American Dreams: Thurgood Marshall's African Journey, Mary L. Dudziak (January 1, 2008)
Papers from 2007
When is the Time of Slavery? The History and Politics of Slavery in Contemporary Legal Argument, Ariela J. Gross (April 27, 2007)
Papers from 2006
Making Law, Making War, Making America (revised 12/6/06), Mary Dudziak (December 6, 2006)
Working toward Democracy: Thurgood Marshall and the Constitution of Kenya, Mary L. Dudziak (December 1, 2006)
Strict Liability and the Mitigation of Moral Luck, Gregory C. Keating (August 10, 2006)
CEQA Analysis of Development Displaced by Rejected Projects, George Lefcoe (July 20, 2006)
Are Constitutions Legitimate?, Andrei Marmor (July 19, 2006)
The Dual Path Initiative Framework, Elizabeth Garrett and Mathew McCubbins (July 18, 2006)
Abusing "Duty", Dilan Esper and Gregory C. Keating (July 6, 2006)
A Gravity Model of Globalization, Democracy and Transnational Terrorism, S BROCK BLOMBERG and B PETER ROSENDORFF (May 24, 2006)
How Law is Like Chess, Andrei Marmor (April 17, 2006)
Discrimination and Diplomacy: Recovering the Fuller National Stake in 1960s Civil Rights Reform, Mary L. Dudziak (April 1, 2006)
Emotional Competence, "Rational Understanding," and the Criminal Defendant, Terry A. Maroney (March 20, 2006)
Transparency in the Budget Process, Elizabeth Garrett and Adrian Vermeule (January 23, 2006)
Pricelessness and Life: An Essay for Guido Calabresi, Gregory C. Keating (January 17, 2006)
Papers from 2005
The Regulation of Superstores: The Legality of Zoning Ordinances Emerging from the Skirmishes between Wal-Mart and the United Food and Commercial Workers Union, George Lefcoe (November 29, 2005)
The September 11th Victim Compensation Fund: "An Unprecedented Experiment in American Democracy", Gillian K. Hadfield (May 2, 2005)
Papers from 2004
Property Condition Disclosure Forms: How REALTORS Eased the Transition from Caveat Emptor to "Seller Tell All", George Lefcoe (May 4, 2004)