Until SSRN discontinued institutional research paper series as a product offering in June 2026, the The University of Michigan Law School, Public Law & Legal Theory Research Paper Series journal contained abstracts and papers focused on the Public Law & Legal Theory area of study. Michigan Law faculty papers were sent in eDistributions to subscribers.
This series preserves the metadata for papers which were included in the series from 2003-2026, with links out to the SSRN paper landing pages. Papers remain available through individual author pages for current and former faculty.
Submissions from 2017
The Fiction of Locally Owned Mom and Pop Car Dealers: Some Data on Franchised Automobile Distribution in the State of Michigan, Daniel A. Crane
Northern Ireland and ‘Brexit’: The European Economic Area Option, Brian Doherty, John Temple Lang, Christopher McCrudden, Lee McGowan, David Phinnemore, and Dagmar Schiek
Shifting Institutional Roles in Biomedical Innovation in a Learning Healthcare System, Rebecca S. Eisenberg
What We Think, What We Know and What We Think We Know about False Convictions, Samuel R. Gross
The Work of International Law, Monica Hakimi
Curing Administrative Search Decay, G. S. Hans
The Search for a Grand Unified Theory of Tort Law, Scott Hershovitz
Treating Wrongs as Wrongs: An Expressive Argument for Tort Law, Scott Hershovitz
The Inappropriateness of the Bad Checks Penalty, Douglas A. Kahn and Jeffrey H. Kahn
CEDAW in National Courts: A Case Study in Operationalizing Comparative International Law Analysis in a Human Rights Context, Christopher McCrudden
Is the Principal Function of International Human Rights Law to Address the Pathologies of International Law? A Comment on Patrick Macklem's the Sovereignty of Human Rights, Christopher McCrudden
The Belfast-Good Friday Agreement, Brexit, and Rights, Christopher McCrudden
What Does It Mean to Compare, and What Should It Mean?, Christopher McCrudden
Miller and Northern Ireland: A Critical Constitutional Response, Christopher McCrudden and Daniel Halberstam
Cross-Border Corporate Insolvency in the Era of Soft(ish) Law, John A. E. Pottow
Fiduciary Duties in Bankruptcy and Insolvency, John A. E. Pottow
Medical Malpractice and Black-Box Medicine, W. Nicholson Price II
Risk and Resilience in Health Data Infrastructure, W. Nicholson Price II
Debate, Richard Primus, Christopher Serkin, Kevin M. Stack, and Nelson Tebbe
From Babyselling to Boilerplate: Reflections on the Limits of the Infrastructures of the Market, Margaret Jane Radin
Compensation for Expropriations in a World of Investment Treaties: Beyond the Lawful/Unlawful Distinction, Steven R. Ratner
Innovative Contracting for Pharmaceuticals and Medicaid's Best-Price Rule, Rachel Sachs, Nicholas Bagley, and Darius N. Ladkawalla
Prisoners with Disabilities: Individualization and Integration, Margo Schlanger
The Constitutional Law of Incarceration, Reconfigured, Margo Schlanger
How Does the Law Put a Historical Analogy to Work?: Defining the Imposition of ‘A Condition Analogous to That of a Slave’ in Modern Brazil, Rebecca J. Scott, Leonardo Augusto de Andrade Barbosa, and Carlos Henrique Borlido Haddad
The Uncertain Relation between Coherence and Renown: Ronald Dworkin Reconsidered, Andrew Stumpff Morrison
Random If Not 'Rare'? The Eighth Amendment Weakness of Post-Miller Legislation, Kimberly Thomas
From Grace to Grids: Rethinking Due Process Protection for Parole, Kimberly Thomas and Paul D. Reingold
Submissions from 2016
Confronting Power in Public Law, Kate Andrias
The New Labor Law, Kate Andrias
Destination Based Corporate Tax: An Alternative Approach, Reuven S. Avi-Yonah
Taxation and Human Rights: A Delicate Balance, Reuven S. Avi-Yonah
Inversions and Competitiveness: Reflections in the Wake of Pfizer/Allergan, Reuven S. Avi-Yonah and Omri Y. Marian
Taking the First Bite: Who Should Tax Apple’s $187 Billion in Ireland?, Reuven S. Avi-Yonah and Gianluca Mazzoni
Three Steps Forward, One Step Back? Reflections on 'Google Taxes', BEPS, and the DBCT, Reuven S. Avi-Yonah and Gianluca Mazzoni
Evaluating BEPS, Reuven S. Avi-Yonah and Haiyan Xu
Global Taxation after the Crisis: Why BEPS and MAATM are Inadequate Responses, and What Can Be Done About It, Reuven S. Avi-Yonah and Haiyan Xu
Disability Rights and Labor: Is This Conflict Really Necessary?, Samuel R. Bagenstos
From Integrationism to Equal Protection: tenBroek and the Next 25 Years of Disability Rights, Samuel R. Bagenstos
Legal Limits and the Implementation of the Affordable Care Act, Nicholas Bagley
Remedial Restraint in Administrative Law, Nicholas Bagley
Financial Regulation: Law and Policy, Chapter 1.1 - Finance Today, Michael S. Barr, Howell E. Jackson, and Margaret E. Tahyar
Nothing Left to Lose? Changes Experienced by Detroit Low- and Moderate-Income Households During the Great Recession, Michael S. Barr and Daniel Schaffa
A Survey of Legal Issues Arising from the Deployment of Autonomous and Connected Vehicles, Daniel A. Crane, Kyle D. Logue, and Bryce Pilz
The Impact of Mandated Corporate Social Responsibility: Evidence from India's Companies Act of 2013, Dhammika Dharmapala and Vikramaditya S. Khanna
Promoting Healthcare Innovation on the Demand Side, Rebecca S. Eisenberg and W. Nicholson Price II
The Two Codes on the Use of Force, Monica Hakimi and Jacob Katz Cogan
Implementing Symmetric Treatment of Financial Contracts in Bankruptcy and Bank Resolution, Edward J. Janger and John A. E. Pottow
Proposed Regulatory Change of Treatment of a Guaranteed Payment from a Partnership to a Partner, Douglas A. Kahn
The Fallacious Objections to the Tax Treatment of Carried Interest, Douglas A. Kahn and Jeffrey H. Kahn
Justice Kennedy and the Fisher Revisit: Will the Irrelevant Prove Decisive?, Richard Lempert
In Praise of (Some) Ex Post Regulation: A Response to Professor Galle, Kyle D. Logue
NFIB v. Sibelius and the Individual Mandate: Thoughts on the Tax/Regulation Distinction, Kyle D. Logue
Marriage Registrars, Same-Sex Relationships, and Religious Discrimination in the European Court of Human Rights, Christopher McCrudden
On Portraying Human Dignity, Christopher McCrudden
The New Architecture of EU Equality Law after CHEZ: Did the Court of Justice Reconceptualise Direct and Indirect Discrimination?, Christopher McCrudden
Snowflakes in a Blizzard: Treaty Interpretation in International Investment Law, Julian Davis Mortenson
What Bankruptcy Law Can and Cannot Do for Puerto Rico, John A. E. Pottow
Rethinking Criminal Contempt in the Bankruptcy Courts, John A. E. Pottow and Jason Levin
Expired Patents, Trade Secrets, and Stymied Competition, W. Nicholson Price II
Is Theocracy Our Politics? Thoughts on William Baude's 'Is Originalism Our Law?', Richard Primus
The Constitutional Constant, Richard Primus
The Cost of the Text, Richard Primus
The Gibbons Fallacy, Richard Primus
Access to Justice and Abuses of Contract, Margaret Jane Radin
The Fiduciary State and Private Ordering, Margaret Jane Radin
War/Crimes and the Limits of the Doctrine of Sources, Steven R. Ratner
Anti-Incarcerative Remedies for Illegal Conditions of Confinement, Margo Schlanger
Marriage is on the Decline and Cohabitation is on the Rise: At What Point, If Ever, Should Unmarried Partners Acquire Marital Rights?, Lawrence W. Waggoner
Submissions from 2015
A Bipartisan Tax Reform?, Reuven S. Avi-Yonah
All or Nothing? The Obama Budget Proposals and BEPS, Reuven S. Avi-Yonah
Constructive Unilateralism: US Leadership and International Taxation, Reuven S. Avi-Yonah
Full Circle? The Single Tax Principle, BEPS, and the New US Model, Reuven S. Avi-Yonah
The International Tax Regime: A Centennial Reconsideration, Reuven S. Avi-Yonah
The Three Causes of Inversions: Reflections on Pfizer/Allergan and Notice 2015-79, Reuven S. Avi-Yonah
Find It and Tax It: From TIEAs to IGAs, Reuven S. Avi-Yonah and Gil Savir
Are We Trapped by Our Capital Gains?, Reuven S. Avi-Yonah and Dmitry Zelik
Leveling the Playing Field: The Case for an Education Value Added Tax, Shera Avi-Yonah and Reuven S. Avi-Yonah
Disparate Impact and the Role of Classification and Motivation in Equal Protection Law after Inclusive Communities, Samuel R. Bagenstos
Who is Responsible for the Stealth Assault on Civil Rights?, Samuel R. Bagenstos
Introductory Note to United Nations Security Council Resolution on Targeted Sanctions in South Sudan, Laura Nyantung Beny
Culture as a Structural Problem in Indigent Defense, Eve Brensike Primus
Bringing Marijuana (Law) into the Legal Writing Classroom, Howard Bromberg and Mark K. Osbeck
Drawing (Gad) Flies: Thoughts on the Uses (or Uselessness) of Legal Scholarship, Sherman J. Clark
The Seventh Letter and the Socratic Method, Sherman J. Clark
Debunking Humphrey's Executor, Daniel A. Crane
The Institutional Appetite for Quack Corporate Governance, Alicia J. Davis
Custom's Method and Process: Lessons from Humanitarian Law, Monica Hakimi
'It's the Autonomy, Stupid!' A Modest Defense of Opinion 2/13 on EU Accession to the ECHR, and the Way Forward, Daniel Halberstam
Cancellation of Debt and Related Transactions, Douglas A. Kahn and Jeffrey H. Kahn
Dignity and Discriminatory Intent: What the Marriage Equality Cases Tell Us About Voter ID, Ellen D. Katz
Anticipatory Bail in India: Addressing Misuse of the Criminal Justice Process?, Vikramaditya S. Khanna and Kartikey Mahajan
Campbell at 21/Sony at 31, Jessica Litman
What Notice Did, Jessica Litman
Human Rights Histories, Christopher McCrudden
Transnational Culture Wars, Christopher McCrudden
Using Comparative Reasoning in Human Rights Adjudication: The Court of Justice of the European Union and the European Court of Human Rights Compared, Christopher McCrudden
Why Do National Court Judges Refer to Human Rights Treaties? A Comparative International Law Analysis of CEDAW, Christopher McCrudden
The Dark Side of Nudging: The Ethics, Political Economy, and Law of Libertarian Paternalism, Christopher McCrudden and Jeff King
Why Northern Ireland's Institutions Need Stability, John McCrudden, John McGarry, Brendan O'Leary, and Alex Schwartz