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Jessica Owley (University of Miami – School of Law; University of Groningen – Faculty of Law) has posted Resilient Conservation Servitudes: Using Resilient Property Theory to Protect Environmental Amenities Without Leaving Social Values Behind (The Future of Housing, forthcoming) on SSRN. Here is the abstract: Conservation easements have become the dominant tool for conserving private land…
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Cass R. Sunstein (Harvard Law School; Harvard University – Harvard Kennedy School (HKS)) has posted Interpretation Is Many Things on SSRN. Here is the abstract: The word “interpretation” covers a range of practices, including but not limited to the identification of intended meaning; use of original public meaning; and efforts both to fit and to justify…
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Thomas C. Galligan (Louisiana State University, Baton Rouge – Paul M. Hebert Law Center) has posted Death in Admiralty on SSRN. Here is the abstract: This is an article about legal history: the development of the law governing recovery for wrongful death in American admiralty law. Simultaneously, because the discussion spans the time period from 1865…
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M. Henry Ishitani (Yale University – Law School; University of Tulsa College of Law; Yale University – Department of History) has posted Making Sense of Federal Recognition on SSRN. Here is the abstract: This Article offers the first comprehensive account of federal recognition power—the authority to recognize the sovereignty of other states. The recognition of foreign…
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David Schleicher (Yale University – Law School) has posted The Great American Property Tax Freak Out on SSRN. Here is the abstract: There has been a lot of news over the last two years, so it is understandable that neither the mass media nor the legal academy has focused on what is happening with the steady…
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Carmine Guerriero (Department of Economics, University of Bologna) and Yasir Amin (Alma Mater Studiorum University of Bologna; Erasmus University Rotterdam; University of Hamburg) have posted Climate Shocks and Property Rights to Land on SSRN. Here is the abstract: While the direct economic effects of adverse climate shocks are well-known, their indirect institutional impact is still unclear.…
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Fabrizio Cafaggi and Federico Pistelli (Trento University) have posted Due Diligence in Global Supply Chains: The Troubled Journey of the EU Legislation and the Global Perspective (Fordham International Law Journal) on SSRN. Here is the abstract: Global supply chains are undergoing a profound transformation. The traditional model, built around geographical fragmentation, functional specialization, and cost-efficiency outsourcing,…
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Michael Sevel (The University of Sydney Law School) has posted Joseph Raz’s The Authority of Law (Leading Works in Philosophy of Law, Routledge, forthcoming) on SSRN. Here is the abstract: Joseph Raz was one of the leading moral, legal, and political philosophers of the English-speaking world for more than a half-century, from the early 1970s until…
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Keith H. Hirokawa, Cinnamon Piñon Carlarne, and Lauren A. VanWagoner (all Albany Law School) have posted The Inevitability of Local Environmental Law (Fordham Environmental Law Review) on SSRN. Here is the abstract: The United States is entering a new era of environmental law. Within the first months of his second term, the Trump administration issued a…
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Cass R. Sunstein (Harvard Law School; Harvard University – Harvard Kennedy School (HKS)) has posted On Not Being “Trapped in Amber” on SSRN. Here is the abstract: In United States v. Rahimi, Chief Justice Roberts wrote that the meaning of the Constitution is not “trapped in amber.” But it is possible to object that the meaning…