Philipp Hacker (European University Viadrina Frankfurt (Oder) - European New School of Digital Studies), Atoosa Kasirzadeh (Carnegie Mellon University), & Lilian Edwards (Newcastle Law School) have posted AI, Digital Platforms, and the New Systemic Risk on SSRN. Here is the abstract: As artificial intelligence (AI) becomes increasingly embedded in digital, social, and institutional infrastructures, and AI and platforms are merged into hybrid structures, systemic risk has emerged as a critical but undertheorized challenge.

Juliette Zeidan (Media University for Applied Sciences) & Azza ElHassan (Media University for Applied Sciences) have posted The Ethics of Creativity: Human Artists and the Rise of AI on SSRN. Here is the abstract: Artificial intelligence (AI) is rapidly transforming the world around us, and the art world is no exception. From generating images to composing music and even writing poetry, AI is pushing the boundaries of artistic expression and challenging our very notion of what it means to be creative, nevertheless this technological revolution is not without its ethical dilemmas.

James B. Speta (Northwestern University - Pritzker School of Law) has posted The FCC Lacks Authority To Punish Broadcasters for their Viewpoints (Yale Journal on Regulation Notice & Comment, Sept. 26, 2025) on SSRN. Here is the abstract: Does the federal government have the power to punish broadcasters, by exercising its power over their licenses to use the airwaves, for speech the government does not like, including speech that criticizes the government?

Ashraf Ahmed (Columbia University - Law School) has posted The Two Faces of Representation (California Law Review, Forthcoming 2026) on SSRN. Here is the abstract: In pluralistic democracies, representation is the process that mediates difference and translates the preferences of free and equal citizens into political will. Despite broad judicial and scholarly agreement that representation is central to election law, the Supreme Court is deeply ambivalent in how it treats the concept.

Large social groups face many grave problems, such as violence, injustice, disorder, public bads, and war, that require a coordinated collective response. Because disagreement about the nature of and…

Jonathan David Shaub, White House Inspection, 103 Wash. U. L. Rev. __ (forthcoming 2026) available at SSRN (Feb. 25, 2025).Margaret KwokaAllegations of illegality—sometimes quite serious in…

The Supreme Court has largely left Warren Court precedents in place, but is consistently undoing precedents from the Burger Court.

While conservative criticisms of the Burger Court may be justified, those criticisms do not apply to the "The Chief." He had only one vote on the Court ... and, too often, too little support from his…

Jed H. Shugerman (Boston University - School of Law) has posted The Fed, Offices as Property, and the Meaning of "Cause" on SSRN. Here is the abstract: The Federal Reserve Act states that "each member shall hold office for a term of fourteen years from the expiration of the term of his predecessor, unless sooner removed for cause by the President." 12 U.S.C.

Joshua Macey (Yale University - Law School) & Brian Richardson (Cornell University - Law School) have posted Structural Indeterminacy and the Separation of Powers on SSRN. Here is the abstract: Despite ongoing disagreement about how the Constitution allocates powers among the different branches, the two dominant schools of thought in American separation-of-powers debates— formalism and functionalism—agree on three premises: Certain powers inhere in certain government branches, some powers are vested exclusively in one or another branch, and the judiciary is the final arbiter of separation-of-powers disputes.

Davide Baldini (Maastricht University - Faculty of Law; University of Florence - Law School) & Jacopo Dirutigliano have posted The Right to Explanation: Legal Challenges and the Future of Fairness in Automated Decision-Making on SSRN. Here is the abstract: This article examines the legal foundations, scope, and practical challenges of the emerging "Right to Explanation" (RTE) in the European Union's regulatory framework on Artificial Intelligence (AI).

Tyler J. VanderWeele (Harvard University; Harvard T.H. Chan School of Public Health) & Jonathan Teubner (Harvard University - Institute for Quantitative Social Science) have posted Flourishing Considerations for AI on SSRN. Here is the abstract: We put forward principled considerations concerning flourishing and AI that are oriented towards ensuring AI technologies are conducive to human flourishing, rather than impeding it. The considerations are intended to help guide discussions around the development of, and engagement with, AI technologies so as to orient them towards the promotion of individual and societal flourishing.

Raul Madden (Queen Mary University of London, School of Law) has posted The Dignity of Legal Education vs Artificial Intelligence in Australian Law Schools (Forthcoming in ANU Journal of Law and Technology, Volume 6, Issue 1 (2025)) on SSRN. Here is the abstract: In recent years, law schools have struggled to adapt in pace with advancements in artificial intelligence (‘AI’). This article argues that schools should contextualise this effort within the larger battle for the dignity of legal education against a trend toward its reduction into a mere income-generating technique.

David M. Schizer (Columbia University - Law School) & Steven G. Calabresi (Northwestern University - Pritzker School of Law) have posted Wealth Taxes Under the Constitution: An Originalist Analysis (77 Fla. L. Rev. 1401 (2025)) on SSRN. Here is the abstract: A federal wealth tax is high on the wish list of progressives, but is it constitutional? This Article shows that under the original public meaning of the Constitution, a wealth tax is a "direct tax" that must be apportioned.

Ganesh Sitaraman (Vanderbilt Law School) has posted The Secular Decline of the American State (N.Y.U. L. Rev. (forthcoming 2025)) on SSRN. Here is the abstract: The Trump administration's assault on the administrative state has received significant attention. But it is a mistake to interpret the weakening of the administrative state during the first or second Trump administration as exceptional, or as a cyclical, asymmetric phenomenon that characterizes Republican administrations.

Jeremy Kessler (Columbia University - Law School) has posted Does Law Constitute Society? (87 Law and Contemporary Problems (2025)) on SSRN. Here is the abstract: This Essay identifies three senses in which law might be said to “constitute” society. First, law might be constitutive in that it is necessary to explain how humans experience the relative distribution of power within a given society (C1).

Sumanta Narayan Podder (Independent Legal Researcher; University of Burdwan) has posted Ontological Human Being in the CRISPR Era: A Jurisprudential Outlook on SSRN. Here is the abstract: The advent of CRISPR-Cas9 technology precipitates fundamental ontological questions concerning human nature, extending beyond bioethics into jurisprudential ontology. This paper examines how gene editing technologies challenge established legal conceptions of personhood, human dignity, and the boundaries of legal subjectivity.

The University of Lille will host a conference from 21st to the 22nd May 2026 as part of the Cross Disciplinary Project entitled Decision-making Processes under Extreme Radical Uncertainties…

One subject that is ripe for revision is grand jury law. The way grand juries operate now is sharply at odds with how they worked in 1791. To take one example, federal judges used to give public in…

[1.] There's a lot going on in the Trump Administration's proposed "Compact," and there's a lot that we might want…

Introduction One of the most basic ideas in legal theory is the distinction between "communicative content" and "legal content."  That sounds fancy, but this fundamental idea is very simple.  Legal texts of all kinds communicate; they say things.  Roughly, what they say is their linguistic meaning--the meaning of the words and phrases in context.  Some legal texts, those that are valid, create legal norms.