Abstract
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Cameron C. McCulloch (University of Chicago, Law School) has posted False Light and the Misattribution Interest on SSRN. Here is the abstract: False light invasion of privacy is a tort with a troubled history. First named by William Prosser and codified at § 652E of the Second Restatement of Torts, false light has long been criticized…
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Benjamin Keener (University of Pennsylvania Carey Law School; Faculty of History, University of Cambridge) and Keith E. Whittington (Yale University – Law School) have posted Demystifying Birthright Citizenship on SSRN. Here is the abstract: Executive Order 14160 and the litigation it generated in Trump v. Barbara have thrust birthright citizenship back to the center of American…
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Andrew Ziaja (University of Baltimore – School of Law) has posted Machinists Preemption in the New Administrative Law, 48 Seattle University Law Review 989 (2025) on SSRN. Here is the abstract: This Article assesses Machinists preemption—a labor-specific form of implied field preemption—while freshly considering implications both for and of new developments in administrative law. The radical…
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Robert L. Glicksman (George Washington University – Law School) has posted Climate Change Adaptation at the Nexus of the Federal Land Management Systems on SSRN. Here is the abstract: The federal government owns approximately 30 percent of the surface land area in the United States. Congress has allocated responsibility for managing these lands to four principal…
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Amy J. Cohen (Temple University, James E. Beasley School of Law) and Ilana Gershon (Rice University) have posted Living Under Contract: An LPE Analysis of American Democracy, 93 U. Chi. L. Rev. 327 (2026) on SSRN. Here is the abstract: Is President Donald Trump appealing in part because he has made contracts seem like provisional arrangements…
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Andreas Kulick (Johannes Gutenberg University Mainz – Faculty of Law and Economics) has posted International Courts and World Disorder on SSRN. Here is the abstract: What do international courts have to offer when faced with raw power? In a state of international disorder, respect for international law erodes and so does the respect for international courts…
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Heni Rothstein Cohen (Tel Aviv University – Buchmann Faculty of Law) has posted Human Roles Across the AI Lifecycle: Shifting Beyond the “Human Supervision” Paradigm, Northwestern Journal of Technology and Intellectual Property, Vol. 24, forthcoming on SSRN. Here is the abstract: Human supervision is widely regarded as a cornerstone of trustworthy AI in decision-making. To mitigate…
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Ming Hsu Chen (UC Law, San Francisco) has posted Paradox of Privilege for Asian Guestworkers in Silicon Valley, 51 B.Y.U. Law Review on SSRN. Here is the abstract: This Article examines the liminality of temporary workers in the technology industry. Based on the experiences of technology workers who hold the H-1B work visa at prominent tech…
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Audra Savage (Wake Forest University – School of Law) has posted Slavery and the Myth of Religious Liberty, 51 BYU L. Rev. 1363 (2026) on SSRN. Here is the abstract: This is a story about two ships. One is semi-mythical. The other is half-forgotten but brutally real. The first ship is the story of early settlers…
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Shannon Roesler (University of Iowa – College of Law) has posted Fairness Without Fault: Takings, Torts, and Climate Adaptation on SSRN. Here is the abstract: This Article examines whether federal takings doctrine should impose constitutional liability on governments for property damage arising from infrastructure design and climate adaptation decisions. As climate disruption intensifies, state and…