2026
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Tianxiang Chen (Zhejiang University – Guanghua Law School) has posted Thinking Like a Scientist: A Theory of the Right to Science in Algorithmic Governance on SSRN. Here is the abstract: The “science” in algorithmic governance and digital law research is often simplistically understood, failing to address how human right to science can be embedded in
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Sara Migliorini and João Ilhão Moreira (University of Macau – Faculty of Law) have posted Clashing Frameworks: the EU AI Act and Arbitration, published in the European Journal of Risk Regulation, volume 17, issue 1 (2026), on SSRN. Here is the abstract: The EU AI Act (Regulation (EU) 2024/1689) represents a significant departure from the
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Brannon P. Denning (Samford University – Cumberland School of Law) has posted Judicial Reaction to Private Gun Control: Preliminary Thoughts on SSRN. Here is the abstract: One of the biggest legal stories of 2021 was the attempt by Texas to limit abortion rights in the state and authorize enforcement of those restrictions via a civil
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Stephen M. Griffin (Tulane University Law School) has posted The Supreme Court’s New Map of Federalism, 53 UC Law Constitutional Quarterly 518 (2026), on SSRN. Here is the abstract: Is the United States truly one nation? Or two? Or perhaps three? We should take such questions seriously in light of the new map the Supreme
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Paul J. Larkin (Advancing American Freedom; George Washington University) has posted Federalism and Global Climate Change: The Suncor Energy Case on SSRN. Here is the abstract: For most of the last century, federal common law provided the rule for decision in interstate pollution cases because no one state possessed the authority to impose its own
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William Baude (University of Chicago Law School) has posted Abuse of Power in the Second Trump Administration (23 University of St. Thomas Law Journal, forthcoming 2026) on SSRN. Here is the abstract: The law firm orders are not the most unconstitutional thing the Trump administration has done to date. But they are emblematic of a
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Case Thomason (University of Michigan Law School) has posted Scalpels, Not Hatchets: Beyond Access Bans and Toward a Design-Based Framework for Social Media Regulation on SSRN. Here is the abstract: State legislatures have enacted more than a dozen statutes restricting minors’ access to social media platforms in response to mounting evidence of harm to minors’
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Maddalena Castellani has posted How Much Is My Voice Worth to an Algorithm? Synthetic Voices, Embodied Agents, and the Right to Freedom from Vocal Identity Confusion on SSRN. Here is the abstract: Contemporary voice-cloning systems learn the perceptual structure of a voice and generate novel utterances indistinguishable from the original speaker. When embedded in embodied
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Joseph Donahue (University of Seattle) has posted Trump v. Barbara: Temporal Territorial Bubbles on SSRN. Here is the abstract: Barbara revealed a Court genuinely wrestling with a constitutional question that existing doctrine has not cleanly resolved: what does “subject to the jurisdiction thereof” mean for children born to parents whose presence in the United States
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Amanda Harmon Cooley (South Texas College of Law Houston) has posted Subjugating Liberty on SSRN. Here is the abstract: Constitutional conflicts are central to the Supreme Court’s jurisprudence. In reaffirming the principle of judicial review established in Marbury v. Madison, the Justices have consistently emphasized the need for principled decision-making to fulfill the Court’s Article