Pablo E. Navarro (Lisbon Public Law Research Centre; University of Lisbon - School of Law) has posted Legal Reasons, Normative Determinacy, and Rules of Closure (Singapore Journal of Legal Studies, Sep 2024, pp 351-360) on SSRN. Here is the abstract: In “Legal Reasons, Sources and Gaps”, Joseph Raz points out that statements of reasons …

4 days ago · Filippo Lancieri (Georgetown University Law Center; ETH Zurich Center For Law and Economics; Stigler Center), Laura Edelson (Northeastern University), & Stefan Bechtold (ETH Zürich) have posted AI Regulation: Competition, Arbitrage & Regulatory Capture on SSRN. Here is the abstract: The...

Oct 24, 2024 · Youngjae Lee (Fordham University School of Law) has posted Proportionalities (Notre Dame Law Review Reflection, Volume 99, Pp. 191-228) on SSRN. Here is the abstract: "Proportionality" is ubiquitous. The idea that punishment should be proportional to crime is familiar in criminal law and has a lengthy history.

Jan 17, 2025 · Alma Diamond (University of Michigan Law School) has posted Hares or Hounds? Originalism's Dilemma: Legal Formalism, or Judicial Neutrality on SSRN. Here is the abstract: The increased influence of originalism on the Supreme Court has brought radical changes to constitutional law in recent years ...

4 days ago · Vincent Phillip Muñoz (University of Notre Dame - Department of Political Science) has posted WHAT IS AN ESTABLISHMENT OF RELIGION? AND WHAT DOES DISESTABLISHMENT REQUIRE? on SSRN. Here is the abstract: Strange as it may seem, as of this writing (summer of 2023), it is not exactly clear what the ...

5 days ago · David A. Simon (Northeastern University School of Law) & Patrick Russell Goold (City University London, The City Law School) have posted IP’s Pluralism Puzzle (__ Texas Law Review __ (forthcoming 2025)) on SSRN. Here is the abstract: At the core of intellectual property (IP) law lies a ...

Nov 25, 2018 · Introduction Constitutional discourse in both the academy and the public sphere has recently included quite a bit of talk about "originalism." But what about originalism's great historical rival, "living constitutionalism?" What is living constitutionalism and …

Dec 29, 2024 · The Legal Theory Bookworm recommends Reclaiming the Public by Avihay Dorfman. Here is a description: Reclaiming the Public defines and defends the intrinsic value of “the public” that resides in our public institutions and the officials that run them. The book argues that public institutions do not simply act for us but instead speak and act in …

Jan 24, 2025 · James Macleod (Columbia University - Law School) has posted Standard Textualism on SSRN. Here is the abstract: For as long as legal scholars have been writing about the rules-versus-standards distinction, textualism has been presumed to …

Jan 31, 2025 · Aaron Tang (University of California, Davis - School of Law) has posted On Unions, Resistance, and the Supreme Court: What I Learned From Being Wrong After Janus (103 N.C. L. Rev. ___ (forthcoming 2025)) on SSRN. Here is the abstract: "Crippling." "Crushing." "Devastating." That's how progressive commentators described the Supreme Court's 2018, watershed ruling against organized labor in Janus v.