2026
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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
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Dan Simon (University of Southern California Gould School of Law) has posted The Adversarial Bias on SSRN. Here is the abstract: Adversarial legal procedure is one of the defining features of the American legal system. Adversarialism has long been criticized for breeding a combative style of lawyering that precipitates a host of injurious effects that
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Stuart P. Green (Rutgers Law School), Stefanie Bock (University of Marburg), and Findlay Stark (University of Cambridge) have posted “Grading” Murder (in Kai Ambos et al. eds., Core Concepts in Criminal Law and Justice, vol. V (Hart Publishing), forthcoming) on SSRN. Here is the abstract: All homicides everywhere involve the same basic actus reus—namely, causing
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Alexander Zhang (The University of Texas School of Law) has posted Directly Constitutional Statutory Interpretation, 101 N.Y.U. L. Rev. (forthcoming Oct. 2026) on SSRN. Here is the abstract: The last half century of American statutory interpretation theory grew out of a U.S. Constitution that never prescribes how to read statutes. This has compelled the mistaken
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Daryl Lim (Pennsylvania State University, Dickinson Law; Fordham University – Fordham Intellectual Property Institute) has posted Equitable Progress and the Regulation of AI on SSRN. Here is the abstract: This chapter argues that equitable progress should underpin the regulation of artificial intelligence (AI), ensuring that technological advancements promote justice, inclusivity, and human dignity. Drawing on