Abstract
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Siyi Lin (The Chinese University of Hong Kong (CUHK) – Faculty of Law) has posted Domestic and Foreign Illegality: Towards a Unified Flexible Approach? on SSRN. Here is the abstract: This article examines the recent movement towards a ‘unified’ approach to the law of illegality. Traditionally, the two main rules of foreign illegality established in Ralli…
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Jessica A. Clarke (University of Southern California Gould School of Law) has posted B.P.J.’s Deviation From Heightened Scrutiny (Yale Law Journal Forum, forthcoming) on SSRN. Here is the abstract: In West Virginia v. B.P.J., the Supreme Court upheld a state law barring transgender girls and women from girls’ and women’s sports. In doing so, it reasoned…
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Lance Walker (Walker Law, PLLC; University of Oklahoma College of Law) has posted “Not a Particle of Choctaw Blood”: Samuel Caldwell’s Four Citizenship Trials, 1896–1904 on SSRN. Here is the abstract: This Article recovers a case that has not been examined in the scholarly literature since the tribunal that decided it closed its doors in 1904:…
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Hanoch Dagan (University of California, Berkeley – School of Law) and Avihay Dorfman (University of Texas at Austin School of Law) have posted Why Relational Justice on SSRN. Here is the abstract: In “Relational Justice” (OUP 2024) we rethink the normative foundations of private law and chart the path for a just reconstruction. We claim that…
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William A. Fischel (Dartmouth College – Department of Economics) has posted The Origins of American Counties Part IV: The Great Plains and Mountain States: Counties as All-purpose Governments on SSRN. Here is the abstract: This is the fourth of five papers of a book in progress, “The Origins of American Counties.” For a full introduction, see…
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Julian Jonker (University of Pennsylvania – Legal Studies Department) has posted Stability in Contract on SSRN. Here is the abstract: Contract law involves the public and therefore coercive enforcement of private claims. The coercive nature of contract consists in the fact that contract enforcement goes beyond acknowledgement that the underlying claims are binding. This coercive element…
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Neil Duxbury (London School of Economics – Law School) has posted The General Law Renaissance and the Common Law (Notre Dame Law Review, forthcoming) on SSRN. Here is the abstract: Of late, there has emerged an important body of legal scholarship sympathetically reassessing the concept of “general law” — unwritten legal norms discoverable by courts. This…
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Sam Bookman (Harvard University, Law School, Students; University of Melbourne – Melbourne Law School) has posted Climate Presentism on SSRN. Here is the abstract: Climate-related harm affects real people. Yet too often, litigation and scholarship frame climate change as a future problem. In this article, I argue that US climate tort litigation should more squarely center…
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Arafat Rahman Akram (International Islamic University of Malaysia – Ahmad Ibrahim Kulliyyah of Laws) has posted Who Bears the Cost of Public Purpose? Compulsory Land Acquisition, Compensation and Judicial Review in Bangladesh through the ECHR Fair-Balance Principle on SSRN. Here is the abstract: Compulsory land acquisition sits at the point where development policy becomes an individual…
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Dave Owen (UC Law, San Francisco) and Eric Biber (University of California, Berkeley – School of Law) have posted Fixing Wildfire Law (Boston College Law Review, forthcoming) on SSRN. Here is the abstract: Wildfire law in the United States is an uncoordinated mess. Air quality laws generally do not address wildfire, even though wildfire smoke is…