Abstract
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Ann Eisenberg (West Virginia University College of Law; University of South Carolina – Joseph F. Rice School of Law) has posted Clean Energy and Enclosure on SSRN. Here is the abstract: Rural land has become a sought-after commodity. Whether used as a financial asset, a megafarm, a target for a new data center, or a site…
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Aziz Z. Huq (University of Chicago – Law School) has posted Patrimonial Constitutionalism on SSRN. Here is the abstract: The means and the ends of federal power are experiencing a sea-charge. Pardons are freely granted—but only to political allies or political foes who might be coaxed into switching sides. Baseless federal criminal investigations are opened against…
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Jay Pil Choi (Michigan State University – Department of Economics; CESifo) and Byung-Cheol Kim (University of Alabama) have posted The Right to Resell Digital Goods on SSRN. Here is the abstract: Digital goods are typically sold as durable but non-transferable access rights, with digital rights management (DRM) preventing resale. Should policy restore resale rights? In a…
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Guido Westkamp (Queen Mary University of London; University of Münster) has posted The Freedom to Mine and Train Artificial Intelligence Models and the Limits of Copyright and Personality Rights Law on SSRN. Here is the abstract: It seems, as things stand under the EU AI Act, almost impossible to develop counter-rights based on personality interests (which…
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Johannes Kruse (Max Planck Institute for Behavioral Economics) has posted Small-World Simulations: A New Method to Test the Effect of Legal Rules on SSRN. Here is the abstract: Small-world simulation exposes an artificial society to a legal rule and observes what its members do. The agents are driven by language models: their conduct is not stipulated…
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Sonali Maitra (Stanford Law School) has posted Code Without Copyright on SSRN. Here is the abstract: Congress should remove computer programs from copyrightable subject matter. Code entered the statute in 1980 on a flawed justification, and four decades of case law have hollowed the protection to a residue courts can barely administer. AI code generation finishes…
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Rachel Landy (Yeshiva University – Benjamin N. Cardozo School of Law) has posted Deal Killers on SSRN. Here is the abstract: Up to 40% of M&A deals are believed to die during diligence, but there is scant literature examining why—until now. Using original interviews with practitioners, this Article examines what causes buyers of private companies to…
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Joel S. Johnson (Pepperdine University – Rick J. Caruso School of Law) has posted Legality Canons (Vanderbilt Law Review, forthcoming) on SSRN. Here is the abstract: Critics charge that “substantive canons”—interpretive tools said to import values from beyond the text—cannot be squared with textualism, an interpretive method that treats enacted text as the exclusive source of…
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John A. Lovett (Louisiana State University, Baton Rouge – Paul M. Hebert Law Center) has posted Variations on Property and Power: Corporations, Absolute Dominium, and Partus Sequitur Ventrem in the 1825 Louisiana Civil Code (Journal of Civil Law Studies) on SSRN. Here is the abstract: Over the past year, the Louisiana legal community has celebrated the…
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Jack M. Balkin (Yale University – Law School) has posted Stuck in the Middle with You: The Constitution between Regimes on SSRN. Here is the abstract: This essay uses the theories developed in my 2020 book, The Cycles of Constitutional Time, to explain the current moment in American democracy (the fall of 2026). The United States…