Lawrence Solum
lsolum.bsky.social
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%

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…
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.
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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…
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.
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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…
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.
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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…
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.
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Legal History Blog: Danaher, "The Second Amendment's Catholic Problem"
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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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…
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.
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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…
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.
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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…
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.
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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,…
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.
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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…
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.
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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…
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.
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Chad Squitieri on Nondelegation Doctrines Michael Ramsey – The Originalism Blog originalismblog.com/chad-squitie...
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
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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.…
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.
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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…
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.
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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…
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. 
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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…
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.
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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…
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

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…
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.
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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…
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.
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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…
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.
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John McGinnis & Michael Rappaport: Originalism Can Revive Article VMike Rappaport – The Originalism Blog originalismblog.com/john-mcginni...
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

Martin on Unified Election Administration

John J. Martin (Quinnipiac University - School of Law) has posted Unilateral Election Administration (101 N.Y.U. Law Review (forthcoming 2026)) on SSRN. Here is the abstract: Election administration in the United States is fragmented. Instead of having one…
Martin on Unified Election Administration
John J. Martin (Quinnipiac University - School of Law) has posted Unilateral Election Administration (101 N.Y.U. Law Review (forthcoming 2026)) on SSRN. Here is the abstract: Election administration in the United States is fragmented. Instead of having one uniform system, each state governs elections under distinct rules and hierarchies. Yet, one feature remains consistent among the fifty systems: Each is led by a "chief election official." Though some states rely on boards, most vest this authority in a single person---what this Article calls a "unitary chief election official."
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Announcement: Harold Berman Award Nominations: AALS Section on Law and Religion

The AALS Section on Law and Religion seeks nominations for the 2025 Harold Berman Award for Excellence in Scholarship. This annual award recognizes a paper that has made an outstanding scholarly contribution to the…
Announcement: Harold Berman Award Nominations: AALS Section on Law and Religion
The AALS Section on Law and Religion seeks nominations for the 2025 Harold Berman Award for Excellence in Scholarship. This annual award recognizes a paper that has made an outstanding scholarly contribution to the field of law and religion. To be eligible, a paper must have been published between July 15, 2024, and November 15, 2025. The author must be a faculty member at an AALS Member School (with no more than 10 years' experience as a faculty member) or a full-time fellow or VAP at an AALS member school.
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Sunstein on Valuing Children’s Lives

Cass R. Sunstein (Harvard Law School; Harvard University - Harvard Kennedy School (HKS)) has posted Valuing Children's Statistical Lives: A Conceptual Framework on SSRN. Here is the abstract: A longstanding puzzle for regulatory theory and practice has been the…
Sunstein on Valuing Children’s Lives
Cass R. Sunstein (Harvard Law School; Harvard University - Harvard Kennedy School (HKS)) has posted Valuing Children's Statistical Lives: A Conceptual Framework on SSRN. Here is the abstract: A longstanding puzzle for regulatory theory and practice has been the valuation of children's lives, or more precisely, the valuation of mortality risks faced by children. There is data about parents' willingness to pay (WTP) to reduce such risks, and that data might be used to produce a Valuation of Statistical Lives (VSL) for children.
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Amaya on Virtue and the Legal Professions

Amalia Amaya (Edinburgh Law School; UNAM Philosophical Research Institute) has posted Virtue and the Legal Professions on SSRN. Here is the abstract: This provides an introduction to an special issue on virtue and the legal professions. Everything by Amaya…
Amaya on Virtue and the Legal Professions
Amalia Amaya (Edinburgh Law School; UNAM Philosophical Research Institute) has posted Virtue and the Legal Professions on SSRN. Here is the abstract: This provides an introduction to an special issue on virtue and the legal professions. Everything by Amaya is recommended!
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Rowe on Trump’s Foreign Strikes

Hadric Rowe has posted The Edge of the Republic Trump's Foreign Strikes and the Constitutional Erosion of Necessity on SSRN. Here is the abstract: This paper examines the constitutional, legal, and moral consequences of President Donald Trump’s 2025 military…
Rowe on Trump’s Foreign Strikes
Hadric Rowe has posted The Edge of the Republic Trump's Foreign Strikes and the Constitutional Erosion of Necessity on SSRN. Here is the abstract: This paper examines the constitutional, legal, and moral consequences of President Donald Trump’s 2025 military operations in the Caribbean, which were justified under the doctrine of “necessity.” It argues that these actions—conducted without congressional authorization and beyond recognized international law—constituted a deliberate experiment in constitutional endurance.
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Schoenbaum on Sex Equality and Skrmetti

Naomi Schoenbaum (George Washington University Law School) has posted Sex Equality After Skrmetti on SSRN. Here is the abstract: The Supreme Court’s decision in United States v. Skrmetti upholding a ban on gender-affirming medical care for minors marks a…
Schoenbaum on Sex Equality and Skrmetti
Naomi Schoenbaum (George Washington University Law School) has posted Sex Equality After Skrmetti on SSRN. Here is the abstract: The Supreme Court’s decision in United States v. Skrmetti upholding a ban on gender-affirming medical care for minors marks a foundational shift in constitutional sex equality doctrine.  Rather than recognize the challenged ban’s sex-based line-drawing, the Court recast the statute as a neutral regulation of medical purpose and age. 
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Re & Paz-Priel on Judicial Realignment and Standing

Richard M. Re (Harvard University - Harvard Law School) & Yoav Paz-Priel (Williams & Connolly LLP) have posted The Standing Realignment on SSRN. Here is the abstract: For many years, liberals have favored broad standing and conservatives narrow…
Re & Paz-Priel on Judicial Realignment and Standing
Richard M. Re (Harvard University - Harvard Law School) & Yoav Paz-Priel (Williams & Connolly LLP) have posted The Standing Realignment on SSRN. Here is the abstract: For many years, liberals have favored broad standing and conservatives narrow standing. Yet that pattern has disappeared and may be reversing. We studied the Supreme Court justices' votes on standing during the fifteen-year period from October Term 2010 through October Term 2024.
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Elias Neibart: “External Restraints” on Article II? Michael Reamsey – The Originalism Blog buff.ly/VxqH6fn
Elias Neibart: “External Restraints” on Article II? Michael Reamsey – The Originalism Blog
The Blog of the Center for the Study of Constitutional Originalism at the University of San Diego School of Law
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