Abstract
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Joshua Macey (Yale University – Law School), Ketan Ramakrishnan (Yale University – Law School), & Brian Richardson (Cornell University – Law School) have posted Against General Law Constitutionalism (University of Chicago Law Review (forthcoming)) on SSRN. Here is the abstract: This Article considers when and under what circumstances the “general law,” a species of unwritten law grounded
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G. Alexander Nunn (Texas A&M University School of Law) has posted The Article III Factfinding Power (111 Minnesota Law Review __ (forthcoming 2027)) on SSRN. Here is the abstract: Factual disputes of national consequence dominate modern federal dockets. In recent years, federal judges have been asked to determine whether widespread fraud occurred in a presidential election,
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Harold Anthony Lloyd (Wake Forest University School of Law) has posted Bowers v. Hardwick Postmortems at Forty: Timely Dissections of Its Tradition, Enumeration, and Other Errors (William & Mary Bill of Rights Journal, Volume 35 (Forthcoming)) on SSRN. Here is the abstract: The fortieth anniversary of Bowers v. Hardwick, 478 U.S. 186 (1986), and troubling recent
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Matteo De Benedetto (IMT School for Advanced Studies Lucca) & Edoardo Peruzzi (Leibniz University Hannover) have posted Higher-Order Evidence and Legal Cross-Examination (Forthcoming in Synthese) on SSRN. Here is the abstract: This paper aims to show the central role that higher-order evidence plays in an established cultural practice in our society, namely, legal cross-examination. First, we
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Julio Cesar Obiang Sima Nzang (Northwest University of Political Science and Law) & Yingying Wang (Northwest University of Political Science and Law) have posted When Sovereignty Collides With Solidarity: Legal Boundaries Of Collective Action In Response To Russia’s Aggression Against Ukraine on SSRN. Here is the abstract: The aggression of Russia towards Ukraine has put the strength
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Cristie Ford (Peter A. Allard School of Law; European Corporate Governance Institute (ECGI)) has posted Trust in Regulation in a Time of Revolution (Regulation and Governance, forthcoming) on SSRN. Here is the abstract: In a moment when big-P Politics feel practically catastrophic, the suggestion that we should be focusing on regulation could seem foolish, or worse:
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Randy E. Barnett (Georgetown University Law Center) & Lawrence B. Solum (University of Virginia School of Law) have posted Making the Party Presentation Principle Safe for Originalism (forthcoming 174 U. Pa. L. Rev. (2026)) on SSRN. Here is the abstract: The Supreme Court sometimes adheres to what it calls the “party presentation principle”—terminology that dates back to
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Brian G. Slocum (Florida State University – College of Law) has posted The Normative Canons of Criminal Law (79 Vanderbilt Law Review (forthcoming)) on SSRN. Here is the abstract: The rule of lenity is an ancient maxim directing that ambiguities in criminal statutes be interpreted in favor of defendants. Courts rarely rely on the rule of
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Elias Neibart has posted Indians and Citizenship: Territorial Birth & Parental Status in Contemporaneous Caselaw on the web. Here are two paragraphs from the introduction: Originalist scholars have weighed in. On one side of the debate is Professor Ilan Wurman. He has argued that “birthright citizenship depended largely, even if not exclusively, on the status
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Noam Kolt (Hebrew University of Jerusalem) has posted Superintelligence and Law (Harvard Journal of Law & Technology (forthcoming)) on SSRN. Here is the abstract: The prospect of artificial superintelligence—AI agents that can generally outperform humans in cognitive tasks and economically valuable activities—will transform the legal order as we know it. Operating autonomously or under only limited