Abstract
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Regina Lambert Hillman (University of Memphis – Cecil C. Humphreys School of Law) has posted Boosted By Bostock: LGBTQ1 Title Ix Protections on SSRN. Here is the abstract: This article addresses the effect of the Supreme Court’s decision in Bostock v. Clayton County, Georgia, holding that Title VII’s prohibition on sex discrimination includes discrimination based on
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Gary Lawson (University of Florida Levin College of Law) has posted The Written Constitution of Enumeration on SSRN. Here is the abstract: While originalists disagree among themselves about many things, most agree that the proper object of constitutional interpretation is the written Constitution and that the Constitution enumerates the powers of federal institutions, such as Congress.
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Darius Rostam (Bucerius Law School) has posted Web Scraping in Culture and Law on SSRN. Here is the abstract: This article examines the practice of web scraping through its under-illuminated cultural dimension. It situates scraping within internet culture, identifying semiotic markers of both openness and enclosure. Web scraping occupies an ambivalent position between these cultures, laden
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Ezra Wasserman Mitchell (Shandong University) has posted The Relational Foundations of Contractual Obligation on SSRN. Here is the abstract: American contract law treats relational autonomy as prior to assent. Contractual obligation becomes intelligible only when the parties’ interaction preserves relational adequacy, meaning each has a meaningful capacity to refuse and a meaningful capacity to participate in
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Scott Fruehwald has posted Theory-Induced Blindness in Legal Scholarship: A Critical Thinking Solution on SSRN. Here is the abstract: The truth matters, and, consequently, how scholars seek the truth matters. Scholars often use theory as a framework to help them attain the truth. Accordingly, a scholar’s theoretical approach must be accurate; it must not be tainted
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Andrew Jennings (Emory University School of Law) has posted The Law of Quitting on SSRN. Here is the abstract: Throughout life, people enter countless positions of authority and trust in relation to one another and society at large. These positions include, among many others, being a public official, being a corporate director, and being an employee.
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G. Edward White (University of Virginia School of Law) has posted Taking Stock of Justice Souter on SSRN. Here is the abstract: With Justice David Souter’s death in May, 2025 there has been a revival of interest in his life and career on the Supreme Court, but Souter remains largely unknown to the general public and
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Gabrielle Girgis (University of Notre Dame) has posted The Establishment Clause After Kennedy: Principles and Applications on SSRN. Here is the abstract: In Bremerton v. Kennedy, the Supreme Court appears to have fully rejected its “Lemon test” for interpreting the Establishment Clause, in favor of a new “hallmarks test” developed from the influential work of Michael
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Haim Abraham (University College London – Faculty of Laws) has posted No Man’s Property Is a Normative Island: On Property Law in the Society of Equals on SSRN. Here is the abstract: Christopher Essert’s Property Law in the Society of Equals is a thought-provoking, rigorous, and eloquent manuscript that offers an explanation and justification for why
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William C. Houze has posted Agency, Tools, and Authorship in the Age of Large Language Models: A Demonstration and Analysis on SSRN. Here is the abstract: This paper examines the nature of human authorship in an era of sophisticated large language model systems. Through a designed experiment in AI-assisted composition, it demonstrates that LLMs function as