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About Maxwell L. Stearns
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University of Maryland Francis King Carey School of Law
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Disciplines
Law
Research Interests
Constitutional Law, Federal Courts, Public Choice, Social Choice, Game Theory, Law and Economics
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Law and Economics
Constitutional Law
Jurisprudence
Legal History
Law and Society
Public Law and Legal Theory
Social Choice
Political Science
Political Theory
Health Law and Policy
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Law and Economics
(4)
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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Constitutional Law
(17)
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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Jurisprudence
(3)
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 ...
Download
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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