Lawrence B. Solum
Lawrence Byard Solum is an American legal theorist known for his work in the philosophy of law and constitutional theory.… more
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Hacker, Kasirzadeh, & Edward on AI and Systemic Risk
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…
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…
Hacker, Kasirzadeh, & Edward on AI and Systemic Risk
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.
legaltheoryblog.com
Zeidan & ElHassan on Human Artists and AI
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…
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…
Zeidan & ElHassan on Human Artists and AI
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.
legaltheoryblog.com
Speta on FCC Authority and Broadcaster Viewpoints
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…
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…
Speta on FCC Authority and Broadcaster Viewpoints
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?
legaltheoryblog.com
Ahmed on Two Theories of Representative Democary
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…
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…
Ahmed on Two Theories of Representative Democary
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.
legaltheoryblog.com
Stanford Encyclopedia of Philosophy: Authority (Stanford Encyclopedia of Philosophy) buff.ly/w9ytliU
Authority (Stanford Encyclopedia of Philosophy)
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…
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Jotwell: Informational Accountability for the President - Administrative Law buff.ly/9Wkunxl
Informational Accountability for the President - Administrative Law
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…
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Chief Justice Burger Set the Stage for the Originalist Revolution reason.com/volokh/2025/...
Chief Justice Burger Set the Stage for the Originalist Revolution
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…
reason.com
Shugerman on Removal of Federal Reserve Members
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…
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…
Shugerman on Removal of Federal Reserve Members
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.
legaltheoryblog.com
Macey & Richardson on Separations of Powers
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…
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…
Macey & Richardson on Separations of Powers
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.
legaltheoryblog.com
Baldini & Jacopo on AI and a Right to Explanation
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…
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…
Baldini & Jacopo on AI and a Right to Explanation
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).
legaltheoryblog.com
VanderWeele & Teubner on AI & Human Flourishing
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…
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…
VanderWeele & Teubner on AI & Human Flourishing
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.
legaltheoryblog.com
Madden on the Dignity of Legal Education & AI
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…
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…
Madden on the Dignity of Legal Education & AI
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.
legaltheoryblog.com
Schizer & Calabresi on the Constitutionality of Wealth Taxes
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.…
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.…
Schizer & Calabresi on the Constitutionality of Wealth Taxes
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.
legaltheoryblog.com
Sitaraman on the Secular Decline of the American State
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…
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…
Sitaraman on the Secular Decline of the American State
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.
legaltheoryblog.com
This is just a reminder that both Legal Theory Blog and the Legal Theory Lexicon have migrated to Wordpress. The Lexicon has a table of contents which is linked below. The new web address for Legal Theory Blog is http:/legaltheoryblog.com.
Kessler on the Constitution of Society by Law and a Historical Materialist Account
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…
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…
Kessler on the Constitution of Society by Law and a Historical Materialist Account
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).
legaltheoryblog.com
Podder on the Ontology of the Human and CRISPR
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…
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…
Podder on the Ontology of the Human and CRISPR
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.
legaltheoryblog.com
The Legitimacy of Legal Decisions Adopted under Radical Uncertainties - Völkerrechtsblog buff.ly/52yYS2Y
The Legitimacy of Legal Decisions Adopted under Radical Uncertainties
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…
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Grand Jury Originalism – PrawfsBlawg prawfsblawg.com/grand-jury-o...
Grand Jury Originalism
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…
prawfsblawg.com
The Proposed "Compact for Academic Excellence in Higher Education" and the First Amendment reason.com/volokh/2025/...
The Proposed "Compact for Academic Excellence in Higher Education" and the First Amendment
[1.] There's a lot going on in the Trump Administration's proposed "Compact," and there's a lot that we might want…
reason.com
Legal Theory Lexicon: Communicative Content and Legal Content
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…
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…
Legal Theory Lexicon: Communicative Content and Legal Content
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.
legaltheoryblog.com
Having just completed the transition to WordPress, I can testify that it is complex and takes some time. Hopefully, we will see the return of the blog soon.
Table of Contents for the Legal Theory Lexicon, legaltheorylexicon.com/table-of-con... The New TOC for the Lexicon can always be accessed from the new home page--top left corner.
Table of Contents
Visit the post for more.
legaltheorylexicon.com
by Anna O. Law — Reposted by: Lawrence B. Solum, Southern Africa, Anna O. Law
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Reposted by: Lawrence B. Solum
Does anyone know if the Originalism Blog found a new server home yet? I haven't seen anything.
Legal Theory Bookworm:
The Legal Theory Bookworm recommends Born Equal: Remaking America’s Constitution, 1840–1920 by Akhil Reed Amar. Here is a description: From “one of our most prodigious constitutional scholars” (Jonathan Eig), the definitive history of how the ideal of birth equality reshaped…
The Legal Theory Bookworm recommends Born Equal: Remaking America’s Constitution, 1840–1920 by Akhil Reed Amar. Here is a description: From “one of our most prodigious constitutional scholars” (Jonathan Eig), the definitive history of how the ideal of birth equality reshaped…
Legal Theory Bookworm:
The Legal Theory Bookworm recommends Born Equal: Remaking America’s Constitution, 1840–1920 by Akhil Reed Amar. Here is a description: From “one of our most prodigious constitutional scholars” (Jonathan Eig), the definitive history of how the ideal of birth equality reshaped the American Constitution, from antebellum debates over slavery and secession, to the Civil War and emancipation, to women’s suffrage In 1840, millions of Black Americans groaned in the chains of slavery.
legaltheoryblog.com
Download of the Week: “Remedies in the Officer Removal Cases” by Bray
The Download of the Week is Remedies in the Officer Removal Cases by Samuel L. Bray. Here is the abstract: When a federal officer challenges her removal by the president, what forms of interim relief and what final remedies are…
The Download of the Week is Remedies in the Officer Removal Cases by Samuel L. Bray. Here is the abstract: When a federal officer challenges her removal by the president, what forms of interim relief and what final remedies are…
Download of the Week: “Remedies in the Officer Removal Cases” by Bray
The Download of the Week is Remedies in the Officer Removal Cases by Samuel L. Bray. Here is the abstract: When a federal officer challenges her removal by the president, what forms of interim relief and what final remedies are available? This Article considers those questions. It shows that the appropriate remedy for a prevailing officer will typically be a declaratory one, either a declaratory judgment or quo war-ranto.
legaltheoryblog.com
Pierce on Red Lion v. FCC
Richard J. Pierce (George Washington University Law School) has posted The Supreme Court Should Overrule Red Lion on SSRN. Here is the abstract: In this essay Professor Pierce uses the Jimmy Kimbell incident as the point of entry for his argument that the Supreme Court’s…
Richard J. Pierce (George Washington University Law School) has posted The Supreme Court Should Overrule Red Lion on SSRN. Here is the abstract: In this essay Professor Pierce uses the Jimmy Kimbell incident as the point of entry for his argument that the Supreme Court’s…
Pierce on Red Lion v. FCC
Richard J. Pierce (George Washington University Law School) has posted The Supreme Court Should Overrule Red Lion on SSRN. Here is the abstract: In this essay Professor Pierce uses the Jimmy Kimbell incident as the point of entry for his argument that the Supreme Court’s 1969 opinion in Red Lion v. FCC is inconsistent with today’s reality and dangerous. He urges the Court to overrule it.
legaltheoryblog.com
Mullenix on the Erie Doctrine and Berk v. Choy
Linda S. Mullenix (University of Texas School of Law) has posted Wading into Erie's Murky Waters in a Shady Grove: Must a Federal Court Apply a State Law Requirement That an Expert Witness Affidavit Accompany a Complaint? (Issue No.1 Vol 53 Preview of…
Linda S. Mullenix (University of Texas School of Law) has posted Wading into Erie's Murky Waters in a Shady Grove: Must a Federal Court Apply a State Law Requirement That an Expert Witness Affidavit Accompany a Complaint? (Issue No.1 Vol 53 Preview of…
Mullenix on the Erie Doctrine and Berk v. Choy
Linda S. Mullenix (University of Texas School of Law) has posted Wading into Erie's Murky Waters in a Shady Grove: Must a Federal Court Apply a State Law Requirement That an Expert Witness Affidavit Accompany a Complaint? (Issue No.1 Vol 53 Preview of United States Supreme Court Cases 9 (Oct. 6, 2025)) on SSRN. Here is the abstract: This article considers the Supreme Court appeal in Berk v.
legaltheoryblog.com