Lawrence Solum
@lsolum.bsky.social
Law professor at the University of Virginia. Legal theory, originalism, textualism, virtue jurisprudence, artificial intelligence, philosophy of language, moral and political philosophy.
Lawrence Byard Solum is an American legal theorist known for his work in the philosophy of law and constitutional theory. He is the William L. Matheson and Robert M. Morgenthau Distinguished Professor of Law and the Douglas D. Drysdale Research Professor of Law at the University of Virginia School of Law, where he has taught since 2020. He was previously the Carmack Waterhouse Professor of Law at the Georgetown University Law Center. .. more
Law
35%
Political science
32%
Lim on AI Legal Practice in the Philippines
Nestor Lim (News Media Nest; University of Makati) has posted A Legal Framework for the Allowance of Artificial Intelligence Systems to Practice Law in the Philippines on SSRN. Here is the abstract: Legal services in the Philippines are currently provided by lawyers who must be natural persons that have undergone training in law school and have successfully met the other qualifications, such as satisfactorily passing the Bar examinations, as set forth by the Supreme Court.
legaltheoryblog.com
Lim on AI Legal Practice in the Philippines
Nestor Lim (News Media Nest; University of Makati) has posted A Legal Framework for the Allowance of Artificial Intelligence Systems to Practice Law in the Philippines on SSRN. Here is the abstract: Legal services in the Philippines are currently…
Nestor Lim (News Media Nest; University of Makati) has posted A Legal Framework for the Allowance of Artificial Intelligence Systems to Practice Law in the Philippines on SSRN. Here is the abstract: Legal services in the Philippines are currently…
Douglas on State Constitutional Limits on Mid-Decade Redistricting
Joshua A. Douglas (University of Kentucky - J. David Rosenberg College of Law) has posted One Decade, One Map: State Constitutional Limits on Mid-Decade Redistricting (110 Minnesota Law Review (forthcoming 2026)) on SSRN. Here is the abstract: In 2019, the U.S. Supreme Court closed the federal courthouse doors to claims of partisan gerrymandering, effectively permitting states to engage in what it called “constitutional political gerrymandering.” By 2025, several states embraced this invitation, redrawing maps mid-decade for openly partisan ends.
legaltheoryblog.com
Douglas on State Constitutional Limits on Mid-Decade Redistricting
Joshua A. Douglas (University of Kentucky - J. David Rosenberg College of Law) has posted One Decade, One Map: State Constitutional Limits on Mid-Decade Redistricting (110 Minnesota Law Review (forthcoming 2026)) on SSRN. Here is…
Joshua A. Douglas (University of Kentucky - J. David Rosenberg College of Law) has posted One Decade, One Map: State Constitutional Limits on Mid-Decade Redistricting (110 Minnesota Law Review (forthcoming 2026)) on SSRN. Here is…
Gold on Kinds of Private Law Justice
Andrew S. Gold (University of California, Irvine School of Law) has posterd The Many Kinds of Justice in Private Law on SSRN. Here is the abstract: Private law theorists often employ a single type of justice to explain the field. Typically, the chosen type is corrective justice. While it is true that courts look to do “justice between the parties”, I will argue that “justice between the parties” is an open-ended category that encapsulates multiple types of justice.
legaltheoryblog.com
Gold on Kinds of Private Law Justice
Andrew S. Gold (University of California, Irvine School of Law) has posterd The Many Kinds of Justice in Private Law on SSRN. Here is the abstract: Private law theorists often employ a single type of justice to explain the field. Typically, the chosen type is…
Andrew S. Gold (University of California, Irvine School of Law) has posterd The Many Kinds of Justice in Private Law on SSRN. Here is the abstract: Private law theorists often employ a single type of justice to explain the field. Typically, the chosen type is…
Slocum & Tobia on Textualism and Consequences
Brian G. Slocum & Kevin Tobia have posted the final version of Pragmatic Textualism on the Duke Law Journal website. Here is the abstract: Traditional textualism instructs judges to adhere to a statute's linguistic meaning and reject as irrelevant its interpretive consequences. Justice Scalia famously contrasted his restrained textualist judge with "Mr. Fix-It," a judge who inappropriately weighs consequences. Today, however, textualists increasingly embrace consequentialist reasoning.
legaltheoryblog.com
Slocum & Tobia on Textualism and Consequences
Brian G. Slocum & Kevin Tobia have posted the final version of Pragmatic Textualism on the Duke Law Journal website. Here is the abstract: Traditional textualism instructs judges to adhere to a statute's linguistic meaning and reject as irrelevant its…
Brian G. Slocum & Kevin Tobia have posted the final version of Pragmatic Textualism on the Duke Law Journal website. Here is the abstract: Traditional textualism instructs judges to adhere to a statute's linguistic meaning and reject as irrelevant its…
Rethinking the Make-Whole Principle - Lex
Erik Encarnacion, Making Whole, Making Better, and Accommodating Resilience, 108 Minn. L. Rev. 1335 (2024).Marco JimenezWhenever I teach remedies, one of the first principles we cover is that…
lex.jotwell.com
Rethinking the Make-Whole Principle - Lex lex.jotwell.com/rethinking-t...
Fish & Keller on the Crime of Undocumented Presence
Eric S. Fish (University of California, Davis - School of Law) & Doug Keller have posted Fabricating the Crime of Undocumented Presence on SSRN. Here is the abstract: In 2025, the Trump Administration’s Office of Legal Counsel declared that it is a federal crime simply to be an undocumented immigrant. But Congress has enacted no such crime. Congress has made it a crime, codified at 8 U.S.C.
legaltheoryblog.com
Fish & Keller on the Crime of Undocumented Presence
Eric S. Fish (University of California, Davis - School of Law) & Doug Keller have posted Fabricating the Crime of Undocumented Presence on SSRN. Here is the abstract: In 2025, the Trump Administration’s Office of Legal Counsel declared that it is…
Eric S. Fish (University of California, Davis - School of Law) & Doug Keller have posted Fabricating the Crime of Undocumented Presence on SSRN. Here is the abstract: In 2025, the Trump Administration’s Office of Legal Counsel declared that it is…
Lerer on Orthodoxy and Rational Debate
Ignacio Adrian Lerer has posted Epistemological Clergies: When Orthodoxy Blocks Rational Debate on SSRN. Here is the abstract: Why is rational debate about criminal or labor law reform impossible in certain jurisdictions This article proposes that dominant legal doctrines function as secular religions with memetic architectures immune to rational debate. Applying Daniel Dennett's framework on religion as natural phenomenon, I argue that extreme criminal guarantism, orthodox abolitionism, and unconditional defense of labor ultraactivity exhibit religious structures: (1) sacralization of concepts, (2) conversion of empirical disagreements into moral transgressions, (3) exclusion through costly signaling, and (4) ideological purity blocking gradualism.
legaltheoryblog.com
Lerer on Orthodoxy and Rational Debate
Ignacio Adrian Lerer has posted Epistemological Clergies: When Orthodoxy Blocks Rational Debate on SSRN. Here is the abstract: Why is rational debate about criminal or labor law reform impossible in certain jurisdictions This article proposes that dominant…
Ignacio Adrian Lerer has posted Epistemological Clergies: When Orthodoxy Blocks Rational Debate on SSRN. Here is the abstract: Why is rational debate about criminal or labor law reform impossible in certain jurisdictions This article proposes that dominant…
Park and Park on Causal Reasoning Capabilities in LLMs
Jee Won Park (Hallym University) & Sungmi Park (Hallym University) have posted When Correct Isn't Enough: Deconstructing Legal Causal Reasoning Capability in Large Language Models on SSRN. Here is the abstract: Knowledge-based systems powered by Large Language Models (LLMs) require process validity as much as output correctness. In legal AI-- a highly regulated domain--this translates to a mandatory requirement for transparent and causally justified decision-making.
legaltheoryblog.com
Park and Park on Causal Reasoning Capabilities in LLMs
Jee Won Park (Hallym University) & Sungmi Park (Hallym University) have posted When Correct Isn't Enough: Deconstructing Legal Causal Reasoning Capability in Large Language Models on SSRN. Here is the abstract: Knowledge-based systems powered…
Jee Won Park (Hallym University) & Sungmi Park (Hallym University) have posted When Correct Isn't Enough: Deconstructing Legal Causal Reasoning Capability in Large Language Models on SSRN. Here is the abstract: Knowledge-based systems powered…
Lee on Exploitation of Home Care Workers
David Lee (Columbia University - Lamont-Doherty Earth Observatory; The New School) has posted The Nonprofit War on Workers. Weapons of Labor Violence: An Analysis of the Chinese-American Planning Council's Legal Tactics to Exploit Workers on SSRN. Here is the abstract: With the increasing tendency of federal jurisprudence to undermine statutory labor protections, employees in precarious, low-skilled jobs face mounting challenges in safeguarding their rights in the workplace.
legaltheoryblog.com
Lee on Exploitation of Home Care Workers
David Lee (Columbia University - Lamont-Doherty Earth Observatory; The New School) has posted The Nonprofit War on Workers. Weapons of Labor Violence: An Analysis of the Chinese-American Planning Council's Legal Tactics to Exploit Workers on SSRN. Here is…
David Lee (Columbia University - Lamont-Doherty Earth Observatory; The New School) has posted The Nonprofit War on Workers. Weapons of Labor Violence: An Analysis of the Chinese-American Planning Council's Legal Tactics to Exploit Workers on SSRN. Here is…
Frost & Eason on Eligibility Challenges to Members of Congress and the Original Meaning of Citizen
Amanda Frost (University of Virginia School of Law) & Emily Eason (University of Virginia (UVA) School of Law - Alumni/Adjunct/Student) have posted The Dog That Didn't Bark: Eligibility To Serve In Congress And The Original Understanding Of The Citizenship Clause (Georgetown Law Journal Online, vol. 114) on SSRN. Here is the abstract: President Donald J. Trump's 2025 Executive Order restricting birthright citizenship has prompted new interest in the interpretation of the Fourteenth Amendment's Citizenship Clause.
legaltheoryblog.com
Frost & Eason on Eligibility Challenges to Members of Congress and the Original Meaning of Citizen
Amanda Frost (University of Virginia School of Law) & Emily Eason (University of Virginia (UVA) School of Law - Alumni/Adjunct/Student) have posted The Dog That Didn't Bark: Eligibility To Serve In…
Amanda Frost (University of Virginia School of Law) & Emily Eason (University of Virginia (UVA) School of Law - Alumni/Adjunct/Student) have posted The Dog That Didn't Bark: Eligibility To Serve In…
Eisler on “Populist Primacy” as the Democratic Theory of the Roberts Court
Jacob Eisler (Florida State University College of Law) has posted Populist Primacy (Brooklyn Law Review, Forthcoming 2025) on SSRN. Here is the abstract: Critics of the Roberts Court assert that the conservative justices are remaking American democracy to implement a corrupt Republican agenda. Conversely, the justices claim to be following originalism, with democratic transformation as an incidental side effect. These views share no common ground, and there is little space left for fruitful dialogue.
legaltheoryblog.com
Eisler on “Populist Primacy” as the Democratic Theory of the Roberts Court
Jacob Eisler (Florida State University College of Law) has posted Populist Primacy (Brooklyn Law Review, Forthcoming 2025) on SSRN. Here is the abstract: Critics of the Roberts Court assert that the conservative justices…
Jacob Eisler (Florida State University College of Law) has posted Populist Primacy (Brooklyn Law Review, Forthcoming 2025) on SSRN. Here is the abstract: Critics of the Roberts Court assert that the conservative justices…
Danaher, "The Second Amendment's Catholic Problem"
The Duke Law Journal has published a Note of interest, on " The Second Amendment's Catholic Problem ." It is by J.D. candidate Jared Danaher...
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Legal History Blog: Danaher, "The Second Amendment's Catholic Problem"
Fernandes Ormelesi on the Inclusive-Exclusive Legal Positivism Debate
Vinicius Fernandes Ormelesi (Minas Gerais State University) has posted The Inclusive-Exclusive Legal Positivism Debate: A Very Short Introduction on SSRN. Here is the abstract: The debate between inclusive and exclusive legal positivism represents one of the most significant theoretical divides in contemporary legal philosophy. At its core, this scholarly discourse examines the fundamental relationship between law and morality, particularly whether moral criteria can function as conditions for legal validity.
legaltheoryblog.com
Fernandes Ormelesi on the Inclusive-Exclusive Legal Positivism Debate
Vinicius Fernandes Ormelesi (Minas Gerais State University) has posted The Inclusive-Exclusive Legal Positivism Debate: A Very Short Introduction on SSRN. Here is the abstract: The debate between inclusive and exclusive legal…
Vinicius Fernandes Ormelesi (Minas Gerais State University) has posted The Inclusive-Exclusive Legal Positivism Debate: A Very Short Introduction on SSRN. Here is the abstract: The debate between inclusive and exclusive legal…
Zoupas on AI and Court Clerks
Konstantinos Zoupas has posted From The Court Clerk of Criminal Trials to the Algorithm: Technology and the Future of Court Clerks in Criminal Proceedings on SSRN. Here is the abstract: The introduction of artificial intelligence technologies into judicial functions raises new questions that transcend technical efficiency. This article examines philosophically the gradual transition from the human court clerk to automated recording systems in the context of criminal trials.
legaltheoryblog.com
Zoupas on AI and Court Clerks
Konstantinos Zoupas has posted From The Court Clerk of Criminal Trials to the Algorithm: Technology and the Future of Court Clerks in Criminal Proceedings on SSRN. Here is the abstract: The introduction of artificial intelligence technologies into judicial functions…
Konstantinos Zoupas has posted From The Court Clerk of Criminal Trials to the Algorithm: Technology and the Future of Court Clerks in Criminal Proceedings on SSRN. Here is the abstract: The introduction of artificial intelligence technologies into judicial functions…
Brauch on “Beauty and the Law” by Fowler
Jeffrey A. Brauch (Regent University - Regent University School of Law) has posted Beauty, Justice, and the Lawyer's Calling: A Review of Mark Fowler's Beauty and the Law (Journal of Christian Legal Thought, Volume 15, No. 2 (2025), pp. 72-75) on SSRN. Here is the abstract: In 1917, Marcel Duchamp entered a surprising object into an exhibition held by the Society of Independent Artists in New York.
legaltheoryblog.com
Brauch on “Beauty and the Law” by Fowler
Jeffrey A. Brauch (Regent University - Regent University School of Law) has posted Beauty, Justice, and the Lawyer's Calling: A Review of Mark Fowler's Beauty and the Law (Journal of Christian Legal Thought, Volume 15, No. 2 (2025), pp. 72-75) on SSRN. Here…
Jeffrey A. Brauch (Regent University - Regent University School of Law) has posted Beauty, Justice, and the Lawyer's Calling: A Review of Mark Fowler's Beauty and the Law (Journal of Christian Legal Thought, Volume 15, No. 2 (2025), pp. 72-75) on SSRN. Here…
Levine on Jewish Law and Authoritarianism
Samuel J. Levine (Touro University - Jacob D. Fuchsberg Law Center) has posted A Brief Look at Authoritarianism and Totalitarianism Through a Perspective of Jewish Law and Tradition (Perspectives on Authoritarianism and Totalitarianism from Literature, Philosophy, Law, and History (Marko Trajkovic, ed., 2025)) on SSRN. Here is the abstract: A view of authoritarianism and totalitarianism through a perspective of Jewish law and tradition might take various forms and draw upon different approaches, depending on a number of components, including definitions of terms, modes of analysis, and the scope of disciplines and materials to be incorporated.
legaltheoryblog.com
Levine on Jewish Law and Authoritarianism
Samuel J. Levine (Touro University - Jacob D. Fuchsberg Law Center) has posted A Brief Look at Authoritarianism and Totalitarianism Through a Perspective of Jewish Law and Tradition (Perspectives on Authoritarianism and Totalitarianism from Literature,…
Samuel J. Levine (Touro University - Jacob D. Fuchsberg Law Center) has posted A Brief Look at Authoritarianism and Totalitarianism Through a Perspective of Jewish Law and Tradition (Perspectives on Authoritarianism and Totalitarianism from Literature,…
Mazzone & Amar on Mootness in Little v. Hecox
Jason Mazzone (University of Illinois College of Law) & Vikram D. Amar (University of California, Davis - School of Law; University of Illinois College of Law) have posted Open Letter To The Supreme Court Urging Adherence To Settled Mootness Principles In Little V. Hecox (2025 U. Ill. L. Rev. Online 160 (2025)) on SSRN. Here is the abstract: In Little v.
legaltheoryblog.com
Mazzone & Amar on Mootness in Little v. Hecox
Jason Mazzone (University of Illinois College of Law) & Vikram D. Amar (University of California, Davis - School of Law; University of Illinois College of Law) have posted Open Letter To The Supreme Court Urging Adherence To Settled Mootness Principles…
Jason Mazzone (University of Illinois College of Law) & Vikram D. Amar (University of California, Davis - School of Law; University of Illinois College of Law) have posted Open Letter To The Supreme Court Urging Adherence To Settled Mootness Principles…
Baude on Liquidation
William Baude (University of Chicago - Law School) has posted Liquidation, Then and Now (3 Journal of American Constitutional History 869 (2025)) on SSRN. Here is the abstract: The deliberate acts of different parts of our government have created various non-judicial precedents. Those precedents had force under historical theories of liquidation. Today’s jurists and scholars have reasons for looking to what has historically been understood as liquidated.
legaltheoryblog.com
Baude on Liquidation
William Baude (University of Chicago - Law School) has posted Liquidation, Then and Now (3 Journal of American Constitutional History 869 (2025)) on SSRN. Here is the abstract: The deliberate acts of different parts of our government have created various non-judicial…
William Baude (University of Chicago - Law School) has posted Liquidation, Then and Now (3 Journal of American Constitutional History 869 (2025)) on SSRN. Here is the abstract: The deliberate acts of different parts of our government have created various non-judicial…
Chad Squitieri on Nondelegation Doctrines Michael Ramsey – The Originalism Blog
The Blog of the Center for the Study of Constitutional Originalism at the University of San Diego School of Law
originalismblog.com
Chad Squitieri on Nondelegation Doctrines Michael Ramsey – The Originalism Blog originalismblog.com/chad-squitie...
The Constitution specifies qualifications for President, Vice President, and members of Congress. These qualifications arguably imply that these offices can only be held by humans. But this is not the case with judges and Justices of the Supreme Court.
Schwartzman, Schragger, & Tebbe on Religious Preference
Micah Schwartzman (University of Virginia School of Law), Richard Schragger (University of Virginia School of Law), & Nelson Tebbe (Cornell Law School) have posted The Structure of Religious Preference (139 Harv. L. Rev. 211 (2025)) on SSRN. Here is the abstract: Over the last decade, the Supreme Court has revolutionized the law of religious freedom. At this point, the picture is reasonably clear.
legaltheoryblog.com
Schwartzman, Schragger, & Tebbe on Religious Preference
Micah Schwartzman (University of Virginia School of Law), Richard Schragger (University of Virginia School of Law), & Nelson Tebbe (Cornell Law School) have posted The Structure of Religious Preference (139 Harv. L. Rev. 211 (2025)) on SSRN.…
Micah Schwartzman (University of Virginia School of Law), Richard Schragger (University of Virginia School of Law), & Nelson Tebbe (Cornell Law School) have posted The Structure of Religious Preference (139 Harv. L. Rev. 211 (2025)) on SSRN.…
Lee on Incomplete Attempt
Youngjae Lee (Fordham University School of Law) has posted Reconceptualizing Incomplete Attempt (Criminal Law Forum) on SSRN. Here is the abstract: Incomplete attempt laws are typically explained as laws that exist to justify timely law enforcement intervention. Such explanations may well provide good reasons for the laws based on harm prevention rationales, but they do not address the question whether a person who has, say, “cocked and aimed the pistol” has actually attempted to kill and is blameworthy for having done so.
legaltheoryblog.com
Lee on Incomplete Attempt
Youngjae Lee (Fordham University School of Law) has posted Reconceptualizing Incomplete Attempt (Criminal Law Forum) on SSRN. Here is the abstract: Incomplete attempt laws are typically explained as laws that exist to justify timely law enforcement intervention. Such…
Youngjae Lee (Fordham University School of Law) has posted Reconceptualizing Incomplete Attempt (Criminal Law Forum) on SSRN. Here is the abstract: Incomplete attempt laws are typically explained as laws that exist to justify timely law enforcement intervention. Such…
Legal Theory Lexicon: Context and Meaning
Introduction One of the most important tasks performed by lawyers and judges is the "interpretation" of legal texts, including constitutions, statutes, regulations, rules, contracts, and the list goes on. One aspect of communication involves the linguistic meaning the words and phrases that make up the text: this aspect of meaning is sometimes called "semantics." The bare semantic meaning of a legal text is sometimes called the "literal meaning." But the whole meaning of a text almost always is richer than the literal meaning.
legaltheoryblog.com
Legal Theory Lexicon: Context and Meaning
Introduction One of the most important tasks performed by lawyers and judges is the "interpretation" of legal texts, including constitutions, statutes, regulations, rules, contracts, and the list goes on. One aspect of communication involves the…
Introduction One of the most important tasks performed by lawyers and judges is the "interpretation" of legal texts, including constitutions, statutes, regulations, rules, contracts, and the list goes on. One aspect of communication involves the…
Legal Theory Bookworm: “The Conscience of Care” by Fox
The Legal Theory Bookworm recommends The Conscience of Care: Navigating Health in the Culture Wars by Dov Fox. Here is a description: Amid historic restrictions on abortion, puberty blockers, and assisted suicide, a health-law expert exposes America’s broken system of medical conscience, which shields clinicians who refuse evidence-based care yet offers no protections to those who provide prohibited treatment. Pitched battles over abortion, puberty blockers, and assisted suicide have turned American healthcare into a legal minefield.
legaltheoryblog.com
Legal Theory Bookworm: “The Conscience of Care” by Fox
The Legal Theory Bookworm recommends The Conscience of Care: Navigating Health in the Culture Wars by Dov Fox. Here is a description: Amid historic restrictions on abortion, puberty blockers, and assisted suicide, a health-law expert exposes…
The Legal Theory Bookworm recommends The Conscience of Care: Navigating Health in the Culture Wars by Dov Fox. Here is a description: Amid historic restrictions on abortion, puberty blockers, and assisted suicide, a health-law expert exposes…
Download of the Week: “Keeping it Real in Constitutional Theory” by Kavanagh
The Download of the Week is Keeping it Real in Constitutional Theory by Aileen Kavanagh. Here is the abstract: In constitutional theory, we are familiar with the claim that a good theory must fit and justify constitutional practice. However, the criterion of 'fit' sometimes gets lost in the quest to provide a bold normative theory about what constitutional should be. Using the debate about the legitimacy of constitutional judicial review as an example, this article warns against a problematic disjuncture between theory and practice in the domain of constitutional law.
legaltheoryblog.com
Download of the Week: “Keeping it Real in Constitutional Theory” by Kavanagh
The Download of the Week is Keeping it Real in Constitutional Theory by Aileen Kavanagh. Here is the abstract: In constitutional theory, we are familiar with the claim that a good theory must fit and justify…
The Download of the Week is Keeping it Real in Constitutional Theory by Aileen Kavanagh. Here is the abstract: In constitutional theory, we are familiar with the claim that a good theory must fit and justify…
Lorincz & Goto on Resilience Thinking in the Social Sciences
Viktor Oliver Lorincz (Hungarian Academy of Sciences (HAS) - Centre for Social Sciences) & Erik Goto (ELTE Centre for Social Sciences) have posted Resilience Thinking: Emergence, Conceptualisations, and Applicability in Social Systems and Law (Gárdos-Orosz, F. (eds) The Resilience of the Hungarian Legal System since 2010 . Springer, Cham. 2025) on SSRN. Here is the abstract: This chapter delves into the origin of 'resilience thinking' and how it evolved from ecology to be used in social sciences.
legaltheoryblog.com
Lorincz & Goto on Resilience Thinking in the Social Sciences
Viktor Oliver Lorincz (Hungarian Academy of Sciences (HAS) - Centre for Social Sciences) & Erik Goto (ELTE Centre for Social Sciences) have posted Resilience Thinking: Emergence, Conceptualisations, and Applicability in Social Systems…
Viktor Oliver Lorincz (Hungarian Academy of Sciences (HAS) - Centre for Social Sciences) & Erik Goto (ELTE Centre for Social Sciences) have posted Resilience Thinking: Emergence, Conceptualisations, and Applicability in Social Systems…
Proctor on Deference, Loper Bright, and Bruen/Rahimi
Haley Proctor (University of Notre Dame - Notre Dame Law School) has posted "One Step Too Many": Deference in Bruen, Loper Bright, and Rahimi on SSRN. Here is the abstract: This Article examines the Supreme Court’s rejection of deferential twostep tests in New York State Rifle & Pistol Ass’n v. Bruen and Loper Bright Enterprises v. Raimondo. Prior to these decisions, Second Amendment and administrative law doctrines limited courts’ interpretive role at Step One in order to create space for regulatory judgments to which courts would defer at Step Two.
legaltheoryblog.com
Proctor on Deference, Loper Bright, and Bruen/Rahimi
Haley Proctor (University of Notre Dame - Notre Dame Law School) has posted "One Step Too Many": Deference in Bruen, Loper Bright, and Rahimi on SSRN. Here is the abstract: This Article examines the Supreme Court’s rejection of deferential…
Haley Proctor (University of Notre Dame - Notre Dame Law School) has posted "One Step Too Many": Deference in Bruen, Loper Bright, and Rahimi on SSRN. Here is the abstract: This Article examines the Supreme Court’s rejection of deferential…
Lee on Prison Abolitionism and AI
Youngjae Lee (Fordham University School of Law) has posted Abolitionism, Artificial Intelligence, and Non-Reformist Reform (Social Research, Volume 92, No. 4) on SSRN. Here is the abstract: Prison abolitionism has gained significant prominence in criminal law scholarship, while artificial intelligence (AI) has emerged as a transformative force across society. Two schools of thought have arisen regarding their intersection. Some scholars contend abolitionists should welcome AI technologies to reduce the carceral state’s reach.
legaltheoryblog.com
Lee on Prison Abolitionism and AI
Youngjae Lee (Fordham University School of Law) has posted Abolitionism, Artificial Intelligence, and Non-Reformist Reform (Social Research, Volume 92, No. 4) on SSRN. Here is the abstract: Prison abolitionism has gained significant prominence in criminal law…
Youngjae Lee (Fordham University School of Law) has posted Abolitionism, Artificial Intelligence, and Non-Reformist Reform (Social Research, Volume 92, No. 4) on SSRN. Here is the abstract: Prison abolitionism has gained significant prominence in criminal law…
John McGinnis & Michael Rappaport: Originalism Can Revive Article VMike Rappaport – The Originalism Blog
The Blog of the Center for the Study of Constitutional Originalism at the University of San Diego School of Law
originalismblog.com
John McGinnis & Michael Rappaport: Originalism Can Revive Article VMike Rappaport – The Originalism Blog originalismblog.com/john-mcginni...