2026
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Simon Stern (University of Toronto – Faculty of Law) has posted Personable Reasons, Reasonable Persons, and Legal Fictions on SSRN. Here is the abstract: Persons in law can be formed in four ways, explained by reference to standing, capacity, identity based on a trait, and imaginary figures. Although any of these may motivate the claim
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Bruce P. Frohnen (Ohio Northern University College of Law) has posted Undermining the Essentials of Self-Government: The Impact of the Administrative State on Constitutional Structure, Legal Virtue, and the Rule of Law on SSRN. Here is the abstract: This article begins by establishing the textual and historical basis for a common-sensical but surprisingly controversial understanding
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Richard W. Garnett (Notre Dame Law School) and Savannah Shoffner have posted The Original Meaning and Understanding of the Investigative Power of the Grand Jury in the Constitution of Alaska on SSRN. Here is the abstract: The Alaska Constitution, correctly interpreted, would seem to protect the right of the grand jury to use its reporting
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Dan Simon (University of Southern California Gould School of Law) and David Melnikoff (Stanford Graduate School of Business) have posted Zeal Spillovers: The Adversarial Bias in Simulated Pre-Trial Decision Making on SSRN. Here is the abstract: The adversarial legal procedure is one of the defining characteristics of Anglo-American law. Adversarialism is lauded for its capacity
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Reva Siegel (Yale Law School) and Mary Ziegler (University of California, Davis — School of Law) have posted Dismantling Equality Rights Through “Biological-Sex” Talk (Yale Law School, Public Law Research Paper) on SSRN. Here is the abstract: In rejecting the sex-discrimination claims of transgender claimants in United States v. Skrmetti (2025), the Supreme Court introduced
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Patrick Murphree (Jacksonville University) has posted Ascertaining Ascertainability (Louisiana Law Review, Volume 86, No. 2, pp. 365-403) on SSRN. Here is the abstract: Led by the Third Circuit, many federal courts enforce a so-called “ascertainability” requirement that must be met before a court may certify a class action. This Article develops a typology of the
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Andrea Stazi (University San Raffaele Roma; National University of Singapore — Faculty of Law) has posted Towards a University of Hybrid Intelligence, Techno Polis Policy Brief no. 2/2026, on SSRN. Here is the abstract: The integration of Generative Artificial Intelligence into higher education represents a structural transformation in how knowledge is created and transmitted. This
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Gonzalo E. Basante Pereira (University of New Hampshire) and Ina Simonovska (University of California – Davis; National Bureau of Economic Research) have posted Contract Enforcement and Young Firm Capital Structure: A Global Perspective, CESifo Working Paper No. 12596, on SSRN. Here is the abstract: We develop a framework to measure the severity of financial constraints
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Alexander Adam Grose (Independent researcher) has posted Constitutional Containment of Artificial Intelligence in Justice Systems: The Three-Pillar Doctrine on SSRN. Here is the abstract: Existing AI governance frameworks have largely concentrated upon ethical principles, regulatory risk classification, and transparency obligations. This article argues that such approaches, while necessary, do not supply a constitutional containment architecture
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Richard K. Sherwin (New York Law School) has posted Law as simulacrum: Legitimation is the heart of the matter on SSRN. Here is the abstract: The heart of the matter concerning the proliferation of visual evidence in a society of techno-digital spectacle is both the crux and its normative key. It is above all a