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Bruce Ackerman (Yale University – Law School) has posted Barrett’s Red Flag: Why the Court Should Order Re-argument in Trump v. Slaughter on SSRN. Here is the abstract: While there are a host of essays dealing with the Slaughter and Cox cases presently under consideration by the Supreme Court, this is the first one exploring a
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Jonathan David Shaub (University of Kentucky – J. David Rosenberg College of Law) has posted Congress’s Power Of Inquiry In Impeachment (112 Virginia Law Review (forthcoming 2026)) on SSRN. Here is the abstract: The nature and scope of Congress’s constitutional power of inquiry in impeachment has rarely been discussed and never been satisfactorily analyzed. Impeachment is
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William M. Carter, Jr. (University of Pittsburgh – School of Law) has posted Standing Up for Free Speech (Boston University Law Review (forthcoming)) on SSRN. Here is the abstract: The Trump Administration and its allies have systematically attacked the First Amendment rights of higher education institutions and their students, faculty, and staff. University leaders have not
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Jeremy Christiansen (Regent University – Regent University School of Law) has posted Proprius Effectus Legis: Saving Substantive Canons and Presumptions Through a Presumption of Legislative and Executive Morality on SSRN. Here is the abstract: In its recent decision in Loper Bright, the Supreme Court made an interesting observation about the role of presumption, i.e., that they
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Felipe Jiménez (USC Gould School of Law) has posted Truly General Jurisprudence (Forthcoming in Legal Theory) on SSRN. Here is the abstract: There has been a recent turn towards a new form of nonpositivism in Anglo-American jurisprudence. This paper focuses on the theories articulated by Mark Greenberg and Scott Hershovitz (I label their views as the
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Michael L. Smith (University of Oklahoma – College of Law) has posted Interpretive Facades (77 Case Western Reserve Law Review (Forthcoming 2027)) on SSRN. Here is the abstract: When interpreting constitutional provisions, courts frequently proclaim rules of interpretation at the outset of their analysis that purportedly govern and guide the subsequent inquiry into constitutional meaning. Yet
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Tyler Moore (University of South Dakota Law School) has posted What is the Point of Legal Interpretation? (21 FIU Law Rev. __ (forthcoming 2026)) on SSRN. Here is the abstract: What is the point of legal interpretation? Or what fundamental purpose (or purposes) should judges seek to accomplish when they exposit and apply legal texts? Ronald
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Steven Arrigg Koh (Boston University School of Law) has posted The Punishment Paradox (100 Southern California Law Review __ (forthcoming 2026)) on SSRN. Here is the abstract: What does criminal punishment do? Across centuries of criminal legal thought, a shared answer persists: punishment incapacitates the wrongdoer. And yet punishment sometimes yields its opposite. Paradoxically, punishment sometimes
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Claudio Novelli (Yale University – Digital Ethics Center), Luciano Floridi (Yale University – Digital Ethics Center; University of Bologna- Department of Legal Studies), Stefan Larsson (Royal Institute of Technology (KTH)), Mariarosaria Taddeo (University of Oxford – Oxford Internet Institute), & Steven L. Winter (Wayne State University Law School) have posted The Artificial in “Artificial Intelligence”: How Imagination Shapes AI
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Michael Palmieri (University of New Hampshire School of Law (formerly Franklin Pierce Law Center)) has posted Consent Without Continuity: Psychedelic-Assisted Therapy and the Structural Failure of Informed Consent Doctrine on SSRN. Here is the abstract: American informed consent doctrine rests on an unexamined premise: the stable-agent assumption—that the patient who authorizes a medical intervention and the