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 2009
Bringing Ethical Inquiry into International Law, Steven R. Ratner
Environmental Crime Comes of Age: The Evolution of Criminal Enforcement in the Environmental Regulatory Scheme, David M. Uhlmann
The Uniform Probate Code Authorizes Notarized Wills, Lawrence W. Waggoner
How Should We Talk About Religion? Inwardness, Particularity, and Translation, James Boyd White
How Theology Might Learn from Law, James Boyd White
Legal Knowledge, James Boyd White
The Word and the Law, James Boyd White
Submissions from 2008
A Beginner's Guide to International Environmental Law, Don Anton
The United Nations Human Rights System and the Protection of the Environment, Don Anton
Back to the Future? The Potential Revival of Territoriality, Reuven S. Avi-Yonah
The OECD Harmful Tax Competition Report: A Tenth Anniversary Retrospective, Reuven S. Avi-Yonah
Allocating Business Profits for Tax Purposes: A Proposal to Adopt a Formulary Profit Split, Reuven S. Avi-Yonah, Kimberly A. Clausing, and Michael C. Durst
When Congress Passes an Intentionally Unconstitutional Law: The Military Commissions Act of 2006, Paul A. Diller
Convicting the Innocent, Samuel R. Gross
Constitutional Heterarchy: The Centrality of Conflict in the European Union and the United States, Daniel Halberstam
Constitutionalism and Pluralism in Marbury and Van Gend, Daniel Halberstam
The United Nations, the European Union, and the King of Sweden: Economic Sanctions and Individual Rights in a Plural World Order, Daniel Halberstam and Eric Stein
Mission Accomplished?, Ellen D. Katz
Smoke-Filled Rooms, Ellen D. Katz
The Evolution of Property Rights: A Synthetic Overview, James E. Krier
Did Bankruptcy Reform Fail? An Empirical Study of Consumer Debtors, Robert M. Lawless, Angela Littwin, Katherine M. Porter, and John A. E. Pottow
Limits of Interpretivism, Richard Primus
When Should Original Meanings Matter?, Richard Primus
Prosecuting Worker Endangerment: The Need for Stronger Criminal Penalties for Violations of the Occupational Safety and Health Act, David M. Uhlmann
Animal Cruelty Laws and Factory Farming, Joseph Vinning
Authority and Reality, Joseph Vinning
Competition, Corporate Responsibility, and the China Question, Joseph Vinning
Corporate Crime and the Religious Sensibility, Joseph Vinning
Human Identity: The Question Presented by Human-Animal Hybridization, Joseph Vinning
Is There an Implicit Theology in the Practice of Ordinary Law?, Joseph Vinning
Legal Commitments and Religious Commitments, Joseph Vinning
On the Future of Total Theory: Science, Antiscience, and Human Candor, Joseph Vinning
The Least of the Sentient Beings, Joseph Vinning
The Resilience of Law, Joseph Vinning
Impossibility Attempts: A Speculative Thesis, Peter K. Westen
Establishing Relations Between Law and Other Forms of Thought and Language, James Boyd White
Law, Economics, and Torture, James Boyd White
Submissions from 2007
Tax Competition, Tax Arbitrage, and the International Tax Regime, Reuven S. Avi-Yonah
The Rise and Fall of Arm's Length: A Study in the Evolution of U.S. International Taxation, Reuven S. Avi-Yonah
A Proposal to Adopt Formulary Apportionment for Corporate Income Taxation: The Hamilton Project, Reuven S. Avi-Yonah and Kimberly A. Clausing
Business Income (Article 7 OECD MC), Reuven S. Avi-Yonah and Kimberly A. Clausing
The New United States Model Income Tax Convention, Reuven S. Avi-Yonah and Martin B. Tittle
Paying to Save: Tax Withholding and Asset Allocation among Low- and Moderate-Income Taxpayers, Jane Dokko and Michael S. Barr
Frequency and Predictors of False Conviction: Why We Know So Little, and New Data on Capital Cases, Samuel R. Gross and Barbara O'Brien
Unwinding Unwinding, David Hasen
Federal Taxation of the Assignment of Life Insurance, Douglas A. Kahn and Lawrence W. Waggoner
Congressional Power to Extend Preclearance: A Response to Professor Karlan, Ellen D. Katz
Not Like the South: Regional Variation and Political Participation Through the Lens of Section 2, Ellen D. Katz
Reinforcing Representation: Congressional Power to Enforce the Fourteenth and Fifteenth Amendments in the Rehnquist and Waite Courts', Ellen D. Katz
Reviving the Right to Vote, Ellen D. Katz
Why Counting Votes Doesn't Add Up: A Response to Cox and Miles' 'Judging the Voting Rights Act', Ellen D. Katz and Anna Baldwin
Empirical Research for Public Policy: With Examples from Family Law and Advice on Securing Funding, Richard Lempert
A Presumption Against Agency Preemption, Nina A. Mendelson
Some Legal Reforms to Increase Contractor Accountability, Nina A. Mendelson
A U.S. Perspective on the Contextual Terrain of Political Economy in Insolvency Reform, John A. E. Pottow
Private Liability for Reckless Consumer Lending, John A. E. Pottow
The Maxwell Case, John A. E. Pottow
The Myth (and Realities) of Forum Shopping in Transnational Insolvency, John A. E. Pottow
The Nondischargeability of Student Loans in Personal Bankruptcy Proceedings: The Search for a Theory, John A. E. Pottow
The Totality of the Circumstances of the Debtor's Financial Situation in a Post-Means Test World: Trying to Bridge the Wedoff/Culhane & White Divide, John A. E. Pottow
Double-Consciousness in Constitutional Adjudication, Richard Primus
Out of State and Out of Luck: The Treatment of Non-Custodial Parents Under the Interstate Compact on the Placement of Children, Vivek S. Sankaran
Preemption and Theories of Federalism, Robert R. M. Verchick and Nina A. Mendelson
Two Rules of Legality in Criminal Law, Peter K. Westen
Reaching Agreement on When Jurors Must Agree, Peter K. Westen and Eric Ow
Submissions from 2006
Corporate Social Responsibility and Strategic Tax Behavior, Reuven S. Avi-Yonah
The Rhetoric of Racial Profiling, Samuel R. Gross
Desperately Seeking Europe: On Comparative Methodology and the Conception of Rights, Daniel Halberstam
Liberalism and Ability Taxation, David Hasen
The Kerr Principle, State Action, and Legal Rights, Don Herzog
Lawful Personal Use, Jessica Litman
Self-Incrimination's Covert Federalism, Peter K. Westen
The Supreme Court's Bout With Insanity: Clark V. Arizona, Peter K. Westen
Submissions from 2003
The Genie and the Bottle: Collateral Sources Under the 9/11 Victims Compensation Fund, Kenneth S. Abraham and Kyle D. Logue
The Craft of Property, Hanoch Dagan