SelectedWorks - Maxwell L. Stearns

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Selected Works of Maxwell L. Stearns

Faculty Member

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About Maxwell L. Stearns

Present	Faculty Member, University of Maryland Francis King Carey School of Law
Institution Organization Position Type Position Title Time Period to Options Current Position Affiliate my profile with this Institution

Law

Constitutional Law, Federal Courts, Public Choice, Social Choice, Game Theory, Law and Economics

Article

Direct (Anti-)Democracy

Faculty Scholarship (2012)

Maxwell L. Stearns

Legal scholars, economists, and political scientists are divided on whether voter initiatives and legislative referendums tend to produce outcomes that ...

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Contribution to Book

An Introduction to Social Choice

Faculty Scholarship (2009)

Maxwell L. Stearns

Social choice studies the differing implications of the concept of rationality (or transitivity) for individuals versus groups under specified conditions ...

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Article

Standing at the Crossroads: The Roberts Court in Historical Perspective

Faculty Scholarship (2008)

Maxwell L. Stearns

After eleven years, the longest period in Supreme Court history with no change in membership, the Roberts Court commenced in ...

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Article

The New Commerce Clause Doctrine in Game Theoretical Perspective

Faculty Scholarship (2006)

Maxwell L. Stearns

The Roberts Court emerges at a critical juncture in the development of Commerce Clause doctrine. While the Commerce Clause doctrine ...

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Article

Constitutional Law in Social Choice Perspective

Public Choice (forthcoming) (2015)

Maxwell L Stearns

Constitutional scholars do not typically employ spatial reasoning in their work. And yet, constitutional jurisprudence implicitly rests on a set ...

Article

Grains of Sand or Butterfly Effect: Standing, the Legitimacy of ...

Faculty Scholarship (2013)

Maxwell L. Stearns

One test of whether a scholarly work has achieved canonical status is to ask respected scholars in the field which ...

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Contribution to Book

Private-Rights Litigation and the Normative Foundations of Durable Constitutional Precedent

Faculty Scholarship (2013)

Maxwell L. Stearns

This chapter advances a simple thesis that runs counter to much public-law scholarship. Holding all else constant, the more difficult, ...

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Other

Individual Mandate is Constitutional

(2012)

Leslie Meltzer Henry and Maxwell Stearns

Supreme Court should find that key aspect of Obama's signature law is a legitimate exercise of Commerce Clause power.

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Article

Commerce Games and the Individual Mandate

Faculty Scholarship (2012)

Leslie Meltzer Henry and Maxwell L. Stearns

While the Supreme Court declined an early invitation to resolve challenges to the Patient Protection and Affordable Care Act (“PPACA”), ...

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Article

Standing at the Crossroads: The Roberts Court in Historical Perspective

Faculty Scholarship (2008)

Maxwell L. Stearns

After eleven years, the longest period in Supreme Court history with no change in membership, the Roberts Court commenced in ...

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Article

Defining Dicta

Faculty Scholarship (2005)

Maxwell L. Stearns and Michael Abramowicz

In recent decades, legal scholars have devoted substantially greater attention to studying the origin and nature of stare decisis than ...

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Article

A Beautiful Mend: A Game Theoretical Analysis of the Dormant ...

Faculty Scholarship (2003)

Maxwell L. Stearns

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Article

Appellate Courts Inside and Out

Faculty Scholarship (2003)

Maxwell L. Stearns

Commentary on "Inside Appellate Courts: The Impact of Court Organization on Judicial Decision Making in the United States Courts of ...

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Article

Beyond Counting Votes: The Political Economy of Bush v. Gore

Faculty Scholarship (2001)

Michael Abramowicz and Maxwell L. Stearns

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Article

The Case for Including Marks v. United States in the ...

Faculty Scholarship (2000)

Maxwell L. Stearns

In this essay, I would like to suggest adding a single case, with appropriate commentary, to the canon of constitutional ...

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Article

Should Justices Ever Switch Votes?: Miller v. Albright in Social ...

Faculty Scholarship (1999)

Maxwell L. Stearns

This article will consider the implications of a rare, but conceptually significant, phenomenon in Supreme Court decision making. The Supreme ...

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Article

The Remand That Made the Court Expand

Faculty Scholarship (1999)

Maxwell L. Stearns

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Article

Restoring Positive Law and Economics: Introduction to Public Choice Theme ...

Faculty Scholarship (1998)

Maxwell L. Stearns

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Article

How Outcome Voting Promotes Principled Issue Identification: A Reply to ...

Faculty Scholarship (1996)

Maxwell L. Stearns

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Article

Mistretta versus Marbury: The Foundations of Judicial Review

Faculty Scholarship (1996)

Maxwell L. Stearns

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Article

Standing Back from the Forest: Justiciability and Social Choice

Faculty Scholarship (1995)

Maxwell L. Stearns

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Article

Direct (Anti-)Democracy

Faculty Scholarship (2012)

Maxwell L. Stearns

Legal scholars, economists, and political scientists are divided on whether voter initiatives and legislative referendums tend to produce outcomes that ...

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Article

The Condorcet Jury Theorem and Judicial Decisionmaking: A Reply to ...

3:1 Theoretical Inquiries in Law (2002)

Maxwell L. Stearns

In Ruling Majorities and Reasoning Pluralities, Professor Saul Levmore explores the “division of labor” between the various thresholds of agreement ...

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Article

Why Should Lawyers Care About Institutional Data on Courts?

Faculty Scholarship (2000)

Maxwell L. Stearns

In the “U.S. Supreme Court Judicial Data Base: providing new insights into the Courts,” Professors Harold Spaeth and Jeffrey Segal ...

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Legal History (1)

Article

Standing at the Crossroads: The Roberts Court in Historical Perspective

Faculty Scholarship (2008)

Maxwell L. Stearns

After eleven years, the longest period in Supreme Court history with no change in membership, the Roberts Court commenced in ...

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About Maxwell L. Stearns

Positions

Disciplines

Research Interests

Links

Law and Economics (4)

Constitutional Law (17)

Jurisprudence (3)

Legal History (1)