Margaret H. Lemos

Works in Progress

Should Judicial Opinions Be Read like Statutes? (July 31, 2024)

Books

Judicial Decision-Making: A Coursebook (West Academic Publishing, 2020) (with others)

Articles & Essays

The Solicitor General, Consistency, and Credibility, 100 Notre Dame Law Review 621-728 (2025) (with Deborah A. Widiss)
Dysfunction, Deference, and Judicial Review, 29 George Mason Law Review 487-508 (2022) (with Barry Friedman)
Foreward: State Enforcement in an Interstate World, 2019 Brigham Young University Law Review 1427-1446 (2020)
State-Local Litigation Conflicts, 2021 Wisconsin Law Review 971-999 (2020)
Comment on Laurence Claus, The Divided Executive, 13 Duke Journal of Constitutional Law & Public Policy 51-56 (2018)
Patriotic Philanthropy? Financing the State with Gifts to Government, 106 California Law Review 1129 -1193 (2018) (with Guy-Uriel Charles)
Public Programs, Private Financing, 81 Law and Contemporary Problems 137-160 (2018) (with Guy-Uriel Charles)
State Public-Law Litigation in an Age of Polarization, 97 Texas Law Review 43-123 (2018) (with Ernest A. Young)
Democratic Enforcement? Accountability and Independence for the Litigation State, 102 Cornell Law Review 929-1002 (2017)
Three Models of Adjudicative Representation, 165 University of Pennsylvania Law Review 1743-1764 (2017)
Book Review, 131 Political Science Quarterly 638-639 (2016) (reviewing Paul Nolette, Federalism on Trial: State Attorneys General and National Policymaking in Contemporary America (2015))
Practice and Precedent in Historical Gloss Games, 106 Georgetown Law Journal Online 1-15 (2016) (with Joseph Blocher)
Privatizing Public Litigation, 104 Georgetown Law Journal 515-582 (2016)
Litigating State Interests: Attorney General as Amici, 90 NYU Law Review 1229-1268 (2015) (with Kevin M. Quinn)
For-Profit Public Enforcement, 127 Harvard Law Review 853-913 (2014) (with Max Minzner)
Interpretive Methodology and Delegations to Courts: Are "Common-Law Statutes" Different?, in Intellectual Property and the Common Law 89-106 (Shyamkrishna Balganesh ed., 2013)
The Politics of Statutory Interpretation, 89 Notre Dame Law Review 849-908 (2013) (reviewing Antonin Scalia & Bryan A. Garner, Reading Law: The Interpretation of Legal Texts (2012))
Aggregate Litigation Goes Public: Representative Suits by State Attorneys General, 126 Harvard Law Review 486-549 (2012)
Special Incentives to Sue, 95 Minnesota Law Review 782-845 (2011)
State Enforcement of Federal Law, 86 New York University Law Review 698-765 (2011)
Strategic Enforcement, 95 Minnesota Law Review 9-58 (2011) (with Alex Stein)
The Consequences of Congress's Choice of Delegate: Judicial and Agency Interpretations of Title VII, 63 Vanderbilt Law Review 363-436 (2010)
The Solicitor General as Mediator Between Court and Agency, 2009 Michigan State Law Review 185-224 (2009)
The Other Delegate: Judicially Administered Statutes and the Nondelegation Doctrine, 81 Southern California Law Review 405-476 (2008)
The Commerce Power and Criminal Punishment: Presumption of Constitutionality or Presumption of Innocence?, 84 Texas Law Review 1203-1264 (2006)
Civil Challenges to the Use of Low-Bid Contracts for Indigent Defense, 75 New York University Law Review 1808-1842 (2000)
The Section 5 Mystique, Morrison, and the Future of Federal Antidiscrimination Law, 2000 Supreme Court Review 109-173 (2000) (with Samuel Estreicher)

Issues Edited

Judicial Institutions and Behavior, 82 Law & Contemporary Problems (No. 2, 2019) (with others)

Newspaper Articles and Commentary

New Ideas About How Judges Think, 106 Judicature (January 1, 2023, at 32) (with others)
The State of the Judiciary, 101 Judicature (January 1, 2017, at 52) (with others)

Directory

Bibliography

Works in Progress

Books

Articles & Essays

Issues Edited

Newspaper Articles and Commentary