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%
Ghaly on Critical Race Theory and Third World International Law Theory
Anthony Ghaly (UC Berkeley School of Law) has posted Critical Race Theory and Third World Approaches to International Law (Anthony Ghaly, Critical Race Theory and Third World Approaches to International Law in, KHIARA M. BRIDGES, CRITICAL RACE THEORY: A PRIMER (2d ed. forthcoming 2026)) on SSRN. Here is the abstract: Soon after its founding, Third World Approaches to International Law (TWAIL) scholars began engaging in questions related to the role of race as a subordinating logic within the international legal order and, inversely, the role of international law in reproducing racial hierarchies in global and domestic contexts.
legaltheoryblog.com
Ghaly on Critical Race Theory and Third World International Law Theory
Anthony Ghaly (UC Berkeley School of Law) has posted Critical Race Theory and Third World Approaches to International Law (Anthony Ghaly, Critical Race Theory and Third World Approaches to International Law in, KHIARA M.…
Anthony Ghaly (UC Berkeley School of Law) has posted Critical Race Theory and Third World Approaches to International Law (Anthony Ghaly, Critical Race Theory and Third World Approaches to International Law in, KHIARA M.…
Cohen, Levinson, & Hioki on Race and Three Strikes
G. Ben Cohen (University of Akron - School of Law), Justin D. Levinson (University of Hawaiʻi at Mānoa – William S. Richardson School of Law), & Koichi Hioki (Kobe University - Graduate School of Business Administration) have posted Racializing Three Strikes (67 Arizona Law Review 919) on SSRN. Here is the abstract: "Three Strikes” laws sit at the fulcrum of racial disparities and mass incarceration.
legaltheoryblog.com
Cohen, Levinson, & Hioki on Race and Three Strikes
G. Ben Cohen (University of Akron - School of Law), Justin D. Levinson (University of Hawaiʻi at Mānoa – William S. Richardson School of Law), & Koichi Hioki (Kobe University - Graduate School of Business Administration) have posted Racializing…
G. Ben Cohen (University of Akron - School of Law), Justin D. Levinson (University of Hawaiʻi at Mānoa – William S. Richardson School of Law), & Koichi Hioki (Kobe University - Graduate School of Business Administration) have posted Racializing…
Ahdout on Political Mootness
Payvand Ahdout (University of Virginia School of Law) has posted Political Mootness (111 Va. L. Rev. 841 (2025)) on SSRN. Here is the abstract: Congress and the executive have engaged in major clashes over the scope of their powers, particularly involving Congress's subpoena power and power of the purse. In the last two decades, none of these disputes with the government represented on both sides of the "v" has ended in a final judgment on the merits.
legaltheoryblog.com
Ahdout on Political Mootness
Payvand Ahdout (University of Virginia School of Law) has posted Political Mootness (111 Va. L. Rev. 841 (2025)) on SSRN. Here is the abstract: Congress and the executive have engaged in major clashes over the scope of their powers, particularly involving Congress's…
Payvand Ahdout (University of Virginia School of Law) has posted Political Mootness (111 Va. L. Rev. 841 (2025)) on SSRN. Here is the abstract: Congress and the executive have engaged in major clashes over the scope of their powers, particularly involving Congress's…
Fletcher on Federal Classifications Based on Indian Status
Matthew L. M. Fletcher (University of Michigan Law School) has posted Fletcher's Uncertainty Principle on SSRN. Here is the abstract: Federal laws creating classifications based on Indian status do not violate equal protection principles. This keynote speech for the 2025 Tulsa Law Review symposium on Indian law emphasizes the Mancari rule, which asserts that congressional actions are constitutional if they are rationally related to the fulfillment of government's trust responsibility toward tribes.
legaltheoryblog.com
Fletcher on Federal Classifications Based on Indian Status
Matthew L. M. Fletcher (University of Michigan Law School) has posted Fletcher's Uncertainty Principle on SSRN. Here is the abstract: Federal laws creating classifications based on Indian status do not violate equal protection principles.…
Matthew L. M. Fletcher (University of Michigan Law School) has posted Fletcher's Uncertainty Principle on SSRN. Here is the abstract: Federal laws creating classifications based on Indian status do not violate equal protection principles.…
Cao on Chinese Party-State Capitalism and International Norms
Francis Cao (Goethe University Frankfurt - Institute for Monetary and Financial Stability (IMFS); Shanghai Jiao Tong University (SJTU) - China Institute for Socio-Legal Studies; Friedrich Alexander University Erlangen Nuremberg; University of Pennsylvania Law School) has posted Strategic Paradox Management: China's Party-State Capitalism and the Instrumentalization of Global Constitutionalism on SSRN. Here is the abstract: This article examines how China's Party-State capitalism strategically manages, rather than resolves, deep constitutional contradictions by instrumentalizing global constitutional norms.
legaltheoryblog.com
Cao on Chinese Party-State Capitalism and International Norms
Francis Cao (Goethe University Frankfurt - Institute for Monetary and Financial Stability (IMFS); Shanghai Jiao Tong University (SJTU) - China Institute for Socio-Legal Studies; Friedrich Alexander University Erlangen Nuremberg;…
Francis Cao (Goethe University Frankfurt - Institute for Monetary and Financial Stability (IMFS); Shanghai Jiao Tong University (SJTU) - China Institute for Socio-Legal Studies; Friedrich Alexander University Erlangen Nuremberg;…
Calli on Legal Form versus Legal Performance
Yuksel Calli has posted Law Without an Owner: Legal Form, Legal Performance, and the Horizon of a Shared Law on SSRN. Here is the abstract: Modern regimes rarely disavow legality. Even where courts are weak and remedies unreliable, official language continues to affirm the "rule of law." This paper explains that persistence by separating legal form (texts, institutions, and self-description) from legal performance (predictability, access, reasons, and remedy).
legaltheoryblog.com
Calli on Legal Form versus Legal Performance
Yuksel Calli has posted Law Without an Owner: Legal Form, Legal Performance, and the Horizon of a Shared Law on SSRN. Here is the abstract: Modern regimes rarely disavow legality. Even where courts are weak and remedies unreliable, official language…
Yuksel Calli has posted Law Without an Owner: Legal Form, Legal Performance, and the Horizon of a Shared Law on SSRN. Here is the abstract: Modern regimes rarely disavow legality. Even where courts are weak and remedies unreliable, official language…
Lugo on State Constitutions and Criminal Procedure Innovation
Carlos Chévere Lugo (St. Mary's University - School of Law) has posted State Constitutions as Engines of Criminal Procedure Innovation on SSRN. Here is the abstract: The dominant paradigm in American criminal procedure scholarship treats federal constitutional doctrine as both the foundational baseline and the ultimate boundary for rights protection. This Article seeks to interrogate and unsettle that premise. It contends that although the incorporation doctrine establishes mandatory federal minima, it does not vest the Supreme Court with exclusive interpretive authority over the scope of constitutional guarantees.
legaltheoryblog.com
Lugo on State Constitutions and Criminal Procedure Innovation
Carlos Chévere Lugo (St. Mary's University - School of Law) has posted State Constitutions as Engines of Criminal Procedure Innovation on SSRN. Here is the abstract: The dominant paradigm in American criminal procedure scholarship…
Carlos Chévere Lugo (St. Mary's University - School of Law) has posted State Constitutions as Engines of Criminal Procedure Innovation on SSRN. Here is the abstract: The dominant paradigm in American criminal procedure scholarship…
Ferguson on Everything-Everywhere Searches
Andrew Guthrie Ferguson (George Washington University - Law School) has posted Everything-Everywhere Searches and the Geofence Puzzle (George Washington Journal of Law & Technology (Jan. 2026)) on SSRN. Here is the abstract: Police surveillance technologies have outpaced Fourth Amendment doctrine. Arbitrary, generalized search powers stretching across entire cities and states now exist in forms that have no historical analog. Police can now search “everything everywhere all at once” and current Fourth Amendment doctrine has little to say about the resulting privacy and security threats.
legaltheoryblog.com
Ferguson on Everything-Everywhere Searches
Andrew Guthrie Ferguson (George Washington University - Law School) has posted Everything-Everywhere Searches and the Geofence Puzzle (George Washington Journal of Law & Technology (Jan. 2026)) on SSRN. Here is the abstract: Police surveillance…
Andrew Guthrie Ferguson (George Washington University - Law School) has posted Everything-Everywhere Searches and the Geofence Puzzle (George Washington Journal of Law & Technology (Jan. 2026)) on SSRN. Here is the abstract: Police surveillance…
Reposted by Lawrence B. Solum, Simon Lester
Immigration is Not Invasion
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In recent years, state governments and the second Trump Administration have increasingly advanced the argument that illegal migration and cross-border dr
papers.ssrn.com
My article "Immigration is Not Invasion" now under submission to law reviews. Everything you ever wanted to know about invasion, but were afraid to ask! Also, it got coveted "highly recommended" rating from @lsolum.bsky.social at his Legal Theory blog: papers.ssrn.com/sol3/papers....
Bellia & Clark on the Federalism Canons
Anthony J. Bellia Jr. (Notre Dame Law School) & Bradford R. Clark (George Washington University Law School) have posted The Federalism Canons as Ordinary Interpretation (Northwestern University Law Review) on SSRN. Here is the abstract: Scholars remain generally skeptical of substantive canons of statutory interpretation even as courts continue to employ such canons in important cases. Unlike semantic canons, which help judges discern the best meaning of statutory text in context, substantive canons provide tiebreakers when the text is unclear or require special clarity in order for the text to perform certain functions.
legaltheoryblog.com
Bellia & Clark on the Federalism Canons
Anthony J. Bellia Jr. (Notre Dame Law School) & Bradford R. Clark (George Washington University Law School) have posted The Federalism Canons as Ordinary Interpretation (Northwestern University Law Review) on SSRN. Here is the abstract: Scholars remain…
Anthony J. Bellia Jr. (Notre Dame Law School) & Bradford R. Clark (George Washington University Law School) have posted The Federalism Canons as Ordinary Interpretation (Northwestern University Law Review) on SSRN. Here is the abstract: Scholars remain…
Beck on the English Eradication of Qui Tam and the False Claims Act
Randy Beck (University of Georgia School of Law) has posted The False Claims Act and the English Eradication of Qui Tam Legislation on SSRN. Here is the abstract: Congress amended the False Claims Act in 1986 to encourage qui tam enforcement of the statute, which penalizes submission of false claims to the federal government. A qui tam statute authorizes a private citizen “informer” to file suit on behalf of the government for collection of a statutory forfeiture.
legaltheoryblog.com
Beck on the English Eradication of Qui Tam and the False Claims Act
Randy Beck (University of Georgia School of Law) has posted The False Claims Act and the English Eradication of Qui Tam Legislation on SSRN. Here is the abstract: Congress amended the False Claims Act in 1986 to encourage qui tam…
Randy Beck (University of Georgia School of Law) has posted The False Claims Act and the English Eradication of Qui Tam Legislation on SSRN. Here is the abstract: Congress amended the False Claims Act in 1986 to encourage qui tam…
Cao on China’s Party-State Capitalism as Polycentric Constitutionalism
Francis Cao (Goethe University Frankfurt - Institute for Monetary and Financial Stability (IMFS); Shanghai Jiao Tong University (SJTU) - China Institute for Socio-Legal Studies; Friedrich Alexander University Erlangen Nuremberg; University of Pennsylvania Law School) has posted Polycentric Constitutionalisms: The Architecture of Dissent in the Global Political Economy on SSRN. Here is the abstract: This article reconceptualizes China's Party-State capitalism as a polycentric constitutional order defined by ongoing conflict and adaptation.
legaltheoryblog.com
Cao on China’s Party-State Capitalism as Polycentric Constitutionalism
Francis Cao (Goethe University Frankfurt - Institute for Monetary and Financial Stability (IMFS); Shanghai Jiao Tong University (SJTU) - China Institute for Socio-Legal Studies; Friedrich Alexander University Erlangen…
Francis Cao (Goethe University Frankfurt - Institute for Monetary and Financial Stability (IMFS); Shanghai Jiao Tong University (SJTU) - China Institute for Socio-Legal Studies; Friedrich Alexander University Erlangen…
Legal Theory Lexicon: Issue-Level and Meta-Level Questions
Introduction There is a fundamental distinction between two kinds of questions that lawyers and judges ask. Let's begin with some examples of what we can call "issue-level questions": What is the standard of care in a negligence action? What is the proper test for federal question jurisdiction under 28 USC §1331? Are laws that classify on the basis of sexual orientation subject to heightened scrutiny under the Equal Protection Clause?
legaltheoryblog.com
Legal Theory Lexicon: Issue-Level and Meta-Level Questions
Introduction There is a fundamental distinction between two kinds of questions that lawyers and judges ask. Let's begin with some examples of what we can call "issue-level questions": What is the standard of care in a negligence action?…
Introduction There is a fundamental distinction between two kinds of questions that lawyers and judges ask. Let's begin with some examples of what we can call "issue-level questions": What is the standard of care in a negligence action?…
Legal Theory Bookworm: “Constitutional Change under Autocracy” by Fruhstorfer
The Legal Theory Bookworm recommends Constitutional Change under Autocracy by Anna Fruhstorfer. Here is a description: With the majority of the global population still living under surprisingly stable autocratic regimes, we can assume that regime stability is the ultimate objective of autocratic leadership. However, this stability is continually challenged, so autocrats deploy various instruments to defend their hegemonic power. Constitutional Change under Autocracy examines one such instrument, the strategic use of constitutional amendments to reinforce regime stability.
legaltheoryblog.com
Legal Theory Bookworm: “Constitutional Change under Autocracy” by Fruhstorfer
The Legal Theory Bookworm recommends Constitutional Change under Autocracy by Anna Fruhstorfer. Here is a description: With the majority of the global population still living under surprisingly stable autocratic regimes,…
The Legal Theory Bookworm recommends Constitutional Change under Autocracy by Anna Fruhstorfer. Here is a description: With the majority of the global population still living under surprisingly stable autocratic regimes,…
Download of the Week: “The Origins of Statutory Stare Decisis” by Burset
The Download of the Week is The Origins of Statutory Stare Decisis by Christian R. Burset. Here is the abstract: Federal courts apply stare decisis with extra force to decisions that interpret statutes. Critics contend that this “supercharged” deference to statutory precedents lacks a legitimate pedigree. But that charge rests on conjecture, since scholars have paid little attention to how English courts historically handled such cases.
legaltheoryblog.com
Download of the Week: “The Origins of Statutory Stare Decisis” by Burset
The Download of the Week is The Origins of Statutory Stare Decisis by Christian R. Burset. Here is the abstract: Federal courts apply stare decisis with extra force to decisions that interpret statutes. Critics contend that…
The Download of the Week is The Origins of Statutory Stare Decisis by Christian R. Burset. Here is the abstract: Federal courts apply stare decisis with extra force to decisions that interpret statutes. Critics contend that…
George on the Feasibility of Legal Transplants and East African Family Law
Kiwumulo George has posted Legal Transplants and Cultural Embeddedness: Rex v Amkeyo, Mifumi v Uganda, and Pierre Legrand’s Impossibility Thesis on SSRN. Here is the abstract: The notion of legal transplants refers to the migration of legal rules, institutions, or doctrines across jurisdictions. This topic has long been debated in comparative law. Alan Watson views legal transplants as efficient and socially easy borrowings.
legaltheoryblog.com
George on the Feasibility of Legal Transplants and East African Family Law
Kiwumulo George has posted Legal Transplants and Cultural Embeddedness: Rex v Amkeyo, Mifumi v Uganda, and Pierre Legrand’s Impossibility Thesis on SSRN. Here is the abstract: The notion of legal transplants refers to the…
Kiwumulo George has posted Legal Transplants and Cultural Embeddedness: Rex v Amkeyo, Mifumi v Uganda, and Pierre Legrand’s Impossibility Thesis on SSRN. Here is the abstract: The notion of legal transplants refers to the…
Becher & Alarie on Legal Order and AI Agents
Samuel Becher (Victoria University of Wellington) & Benjamin Alarie (University of Toronto - Faculty of Law) have posted Legal Order in the Age of AI Agents (University of Toronto Law Journal (forthcoming, 2026)) on SSRN. Here is the abstract: As AI tools increasingly shape everyday life, autonomous AI agents are emerging as a new frontier. This Article demonstrates how AI legal agents, empowered to act independently on behalf of human users, could structurally reconfigure legal systems through three transformative pathways.
legaltheoryblog.com
Becher & Alarie on Legal Order and AI Agents
Samuel Becher (Victoria University of Wellington) & Benjamin Alarie (University of Toronto - Faculty of Law) have posted Legal Order in the Age of AI Agents (University of Toronto Law Journal (forthcoming, 2026)) on SSRN. Here is the abstract: As AI…
Samuel Becher (Victoria University of Wellington) & Benjamin Alarie (University of Toronto - Faculty of Law) have posted Legal Order in the Age of AI Agents (University of Toronto Law Journal (forthcoming, 2026)) on SSRN. Here is the abstract: As AI…
Tang on Second-Order Constitutional Theory
Aaron Tang (University of California, Davis - School of Law) has posted Second-Order Constitutional Theory (93 U. Chi. L. Rev. __ (forthcoming 2026)) on SSRN. Here is the abstract: A sophisticated legal thinker who wishes to work out a fully developed approach to constitutional adjudication must choose two theories, not one. The first choice is familiar. What is the best approach for finding right answers to constitutional disputes?
legaltheoryblog.com
Tang on Second-Order Constitutional Theory
Aaron Tang (University of California, Davis - School of Law) has posted Second-Order Constitutional Theory (93 U. Chi. L. Rev. __ (forthcoming 2026)) on SSRN. Here is the abstract: A sophisticated legal thinker who wishes to work out a fully developed…
Aaron Tang (University of California, Davis - School of Law) has posted Second-Order Constitutional Theory (93 U. Chi. L. Rev. __ (forthcoming 2026)) on SSRN. Here is the abstract: A sophisticated legal thinker who wishes to work out a fully developed…
Reposted by Lawrence B. Solum
Bacon Is Shakespeare!
When All Roads Lead to Rome
casssunstein.substack.com
Bacon is Shakespeare! (On the funniest book I read in college.) @lsolum.bsky.social
casssunstein.substack.com/p/bacon-is-s...
casssunstein.substack.com/p/bacon-is-s...
Pojanowski on Natural Law and Legal Interpretation
Jeffrey A. Pojanowski (Notre Dame Law School) has posted Natural Law and Reading Positive Law: Moments of Moral Judgment in Legal Interpretation (American Journal of Jurisprudence, Volume 71 (forthcoming 2026)) on SSRN. Here is the abstract: What role does moral reasoning play in the interpretation of positive law? Natural lawyers all agree that, at some level, moral judgments are central for the sound interpretation of human law.
legaltheoryblog.com
Pojanowski on Natural Law and Legal Interpretation
Jeffrey A. Pojanowski (Notre Dame Law School) has posted Natural Law and Reading Positive Law: Moments of Moral Judgment in Legal Interpretation (American Journal of Jurisprudence, Volume 71 (forthcoming 2026)) on SSRN. Here is the abstract: What…
Jeffrey A. Pojanowski (Notre Dame Law School) has posted Natural Law and Reading Positive Law: Moments of Moral Judgment in Legal Interpretation (American Journal of Jurisprudence, Volume 71 (forthcoming 2026)) on SSRN. Here is the abstract: What…
Green on “Rights and Right-Holding” by Kramer
Michael S. Green (William & Mary Law School) has posted"Liberties and Absences": A review of Matthew Kramer's Rights and Right-Holding: A Philosophical Investigation (17 Jurisprudence __ (forthcoming 2026)) on SSRN. Here is the abstract: This is a review essay on Matthew Kramer’s Rights and Right-Holding: A Philosophical Investigation (OUP 2024). My main focus is why Kramer believes that the following biconditional obtains, in the sense that the left side is true of all and only the possible worlds in which the right side is true:
legaltheoryblog.com
Green on “Rights and Right-Holding” by Kramer
Michael S. Green (William & Mary Law School) has posted"Liberties and Absences": A review of Matthew Kramer's Rights and Right-Holding: A Philosophical Investigation (17 Jurisprudence __ (forthcoming 2026)) on SSRN. Here is the abstract: This is a…
Michael S. Green (William & Mary Law School) has posted"Liberties and Absences": A review of Matthew Kramer's Rights and Right-Holding: A Philosophical Investigation (17 Jurisprudence __ (forthcoming 2026)) on SSRN. Here is the abstract: This is a…
Mahmood on AI and Human Identity
Shahid Mahmood (Superior University) has posted Artificial Intelligence and Human Identity: (Islamic Ethical Challenges) on SSRN. Here is the abstract: This article critically examines the ethical challenges posed by the rapid advancement of Artificial Intelligence (AI) to human identity, consciousness, and moral agency from the perspective of Islamic thought. As artificial intelligence increasingly emulates human cognitive and decision-making abilities, it raises profound questions concerning the limits of khilāfah (human vicegerency), taklīf (moral responsibility), and ethical accountability.
legaltheoryblog.com
Mahmood on AI and Human Identity
Shahid Mahmood (Superior University) has posted Artificial Intelligence and Human Identity: (Islamic Ethical Challenges) on SSRN. Here is the abstract: This article critically examines the ethical challenges posed by the rapid advancement of Artificial Intelligence…
Shahid Mahmood (Superior University) has posted Artificial Intelligence and Human Identity: (Islamic Ethical Challenges) on SSRN. Here is the abstract: This article critically examines the ethical challenges posed by the rapid advancement of Artificial Intelligence…
Meghwal on Admissibility of AI Generated Forensic Evidence
Tapesh Meghwal (Central university of Karnataka) has posted Admissibility of AI-Generated Forensic Evidence: Legal Standards, Ethical Challenges, and Comparative Jurisprudential Analysis on SSRN. Here is the abstract: The implementation of artificial intelligence (AI) into forensic science marks a profound and irreversible transformation, offering unprecedented gains in efficiency, accuracy, and investigative scope. AI applications now span a wide range of disciplines, from biometric identification and DNA analysis to complex crime scene reconstruction and digital evidence authentication.
legaltheoryblog.com
Meghwal on Admissibility of AI Generated Forensic Evidence
Tapesh Meghwal (Central university of Karnataka) has posted Admissibility of AI-Generated Forensic Evidence: Legal Standards, Ethical Challenges, and Comparative Jurisprudential Analysis on SSRN. Here is the abstract: The implementation of…
Tapesh Meghwal (Central university of Karnataka) has posted Admissibility of AI-Generated Forensic Evidence: Legal Standards, Ethical Challenges, and Comparative Jurisprudential Analysis on SSRN. Here is the abstract: The implementation of…
Babcock on Criminal Omission Liability
Stuart Babcock has posted Cabining Criminal Omission Liability on SSRN. Here is the abstract: This article aims to elucidate questions, both legal and philosophical, concerning criminal liability for inaction, formally known as omission liability. In particular, this article aims to show that a person’s omission liability for a victimizing outcome does arise, legally, and should arise, normatively, only as a consequence of that person’s prior commissions, wherein those commissions are causes-in-fact of the victimizing outcome.
legaltheoryblog.com
Babcock on Criminal Omission Liability
Stuart Babcock has posted Cabining Criminal Omission Liability on SSRN. Here is the abstract: This article aims to elucidate questions, both legal and philosophical, concerning criminal liability for inaction, formally known as omission liability. In…
Stuart Babcock has posted Cabining Criminal Omission Liability on SSRN. Here is the abstract: This article aims to elucidate questions, both legal and philosophical, concerning criminal liability for inaction, formally known as omission liability. In…
Wasserman & McCann on “Catalyzing Fans” by Markel
Howard Wasserman (Florida International University (FIU) - College of Law) & Michael McCann (Harvard University - Harvard Law School; University of New Hampshire School of Law (formerly Franklin Pierce Law Center)) have posted Revisiting Catalyzing Fans: How Dan Markel Predicted The Future Of College Athletics on SSRN. Here is the abstract: Although Dan Markel did not like sportsball, the final published work of his too-short life and academic career—Catalyzing Fans—explored sports and appeared posthumously in a sports journal.
legaltheoryblog.com
Wasserman & McCann on “Catalyzing Fans” by Markel
Howard Wasserman (Florida International University (FIU) - College of Law) & Michael McCann (Harvard University - Harvard Law School; University of New Hampshire School of Law (formerly Franklin Pierce Law Center)) have posted Revisiting Catalyzing…
Howard Wasserman (Florida International University (FIU) - College of Law) & Michael McCann (Harvard University - Harvard Law School; University of New Hampshire School of Law (formerly Franklin Pierce Law Center)) have posted Revisiting Catalyzing…
Decker on Constititutional Delay
Nicolin Decker has posted The Doctrine of Constitutional Time Integrity (CTI): Preserving Delay as a Stabilizing Variable in Democratic Governance on SSRN. Here is the abstract: This Article advances The Doctrine of Constitutional Time Integrity (CTI) as a structural clarification of American constitutional law, not a proposal for reform, regulation, or doctrinal expansion. CTI identifies time—specifically lawful delay and institutional sequencing—as an implicit but enforceable constitutional variable already embedded within the architecture of Articles I–III.
legaltheoryblog.com
Decker on Constititutional Delay
Nicolin Decker has posted The Doctrine of Constitutional Time Integrity (CTI): Preserving Delay as a Stabilizing Variable in Democratic Governance on SSRN. Here is the abstract: This Article advances The Doctrine of Constitutional Time Integrity (CTI) as a…
Nicolin Decker has posted The Doctrine of Constitutional Time Integrity (CTI): Preserving Delay as a Stabilizing Variable in Democratic Governance on SSRN. Here is the abstract: This Article advances The Doctrine of Constitutional Time Integrity (CTI) as a…
Spann on Distributional Reinforcement Theory
Girardeau A. Spann (Georgetown University Law Center) has posted Distributional Reinforcement Theory on SSRN. Here is the abstract: As Donald Trump's assault on Diversity, Equity, and Inclusion (DEI) reveals, the concept of racial equality is sufficiently malleable that what used to be viewed as remedies for discrimination against racial minorities can now be recharacterized as reverse discrimination against the White majority.
legaltheoryblog.com
Spann on Distributional Reinforcement Theory
Girardeau A. Spann (Georgetown University Law Center) has posted Distributional Reinforcement Theory on SSRN. Here is the abstract: As Donald Trump's assault on Diversity, Equity, and Inclusion (DEI) reveals, the concept of racial equality is…
Girardeau A. Spann (Georgetown University Law Center) has posted Distributional Reinforcement Theory on SSRN. Here is the abstract: As Donald Trump's assault on Diversity, Equity, and Inclusion (DEI) reveals, the concept of racial equality is…
Belavusau on “Constitutionalizing Transitional Justice, edited by Huang
Uladzislau Belavusau (T.M.C. Asser Institute - University of Amsterdam) has posted Review of a Book by Cheng-Yi Huang (ed.). Constitutionalizing Transitional Justice: How Constitutions and Constitutional Courts Deal with Past Atrocity (Routledge, 2024). (International Journal of Constitutional Law, 24(3), 2026 (accepted and forthcoming)) on SSRN. Here is the abstract: A paradox at the heart of contemporary constitutionalism is that, despite its inherently forward-looking and aspirational orientation, constitutional courts must continually anchor their legitimacy in constant engagement with the past: not as historians, but either as architects of political transition or as interpreters of the foundational lessons, symbols, and doctrines bequeathed by constitutional "(grand-)fathers".
legaltheoryblog.com
Belavusau on “Constitutionalizing Transitional Justice, edited by Huang
Uladzislau Belavusau (T.M.C. Asser Institute - University of Amsterdam) has posted Review of a Book by Cheng-Yi Huang (ed.). Constitutionalizing Transitional Justice: How Constitutions and Constitutional Courts Deal with Past…
Uladzislau Belavusau (T.M.C. Asser Institute - University of Amsterdam) has posted Review of a Book by Cheng-Yi Huang (ed.). Constitutionalizing Transitional Justice: How Constitutions and Constitutional Courts Deal with Past…
Gazal-Ayal, Elyoseph, & Solomon on LLMs as Judicial Decision-Makers
Oren Gazal-Ayal (University of Haifa - Faculty of Law), Zohar Elyoseph (University of Haifa), & Adir Solomon (University of Haifa) have posted Evaluating Large Language Models as Judicial Decision-Makers (Justice Quarterly (Forthcoming)) on SSRN. Here is the abstract: Large Language Models (LLMs) are increasingly shaping various domains, yet their ability to align with human judgment remains a critical challenge. This study explores the extent to which LLMs can serve as judicial decision-makers by comparing their sentencing decisions to those of 123 retired judges on two fictional cases involving rape and violence.
legaltheoryblog.com
Gazal-Ayal, Elyoseph, & Solomon on LLMs as Judicial Decision-Makers
Oren Gazal-Ayal (University of Haifa - Faculty of Law), Zohar Elyoseph (University of Haifa), & Adir Solomon (University of Haifa) have posted Evaluating Large Language Models as Judicial Decision-Makers (Justice Quarterly…
Oren Gazal-Ayal (University of Haifa - Faculty of Law), Zohar Elyoseph (University of Haifa), & Adir Solomon (University of Haifa) have posted Evaluating Large Language Models as Judicial Decision-Makers (Justice Quarterly…
Walker on the Constitution and Protective Companion Animals
Steve Walker has posted Protective Companions and the Constitution: Living Guardians of the Household and Community on SSRN. Here is the abstract: From the Founding to the present, dogs have served as entrusted companions within human protective communities, including households, militias, military units, and police forces. Despite this continuity, modern constitutional doctrine often treats dogs as fungible personal property when they serve private human communities, while recognizing their significance as trusted partners when they serve public ends.
legaltheoryblog.com
Walker on the Constitution and Protective Companion Animals
Steve Walker has posted Protective Companions and the Constitution: Living Guardians of the Household and Community on SSRN. Here is the abstract: From the Founding to the present, dogs have served as entrusted companions within human…
Steve Walker has posted Protective Companions and the Constitution: Living Guardians of the Household and Community on SSRN. Here is the abstract: From the Founding to the present, dogs have served as entrusted companions within human…