Abstract
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Kevin P. Lee (North Carolina Central University School of Law) has posted AI and the Rule of Law: The End of the Political on SSRN. Here is the abstract: Western legal systems traditionally rest on a foundational claim: that the legal subject is a moral agent endowed with reason and capable of normative participation. Today, the
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Ethan Seidenberg (University of Michigan at Ann Arbor, College of Literature, Science & the Arts, Department of Philosophy, Students) has posted Rights-Based Tort Reform on SSRN. Here is the abstract: Although “rights-based” tort theory has flourished as an academic subject over the past fifty years by offering a philosophical alternative to law and economics, the movement
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Henry Zhuhao Wang (Florida State University – College of Law) has posted Inference Rules Reconsidered (102 Indiana Law Journal __ (forthcoming 2027)) on SSRN. Here is the abstract: Evidence law is built around gates of admissibility. Its core doctrines regulate what information may be heard, excluded, or conditionally admitted. But in modern adjudication—dominated by bench trials,
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Ahesan Kabir (Institute of Social Welfare and Research, University of Dhaka; Supreme Court of Bangladesh) has posted The Institutional Authority of Law: Reconstructing Legal Positivism beyond Command and Coercion on SSRN. Here is the abstract: Scholars of jurisprudence have, since its earliest stages, attempted to define what law is. Yet many of the definitions that have
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Jonathan Crowe (University of Southern Queensland – School of Law and Justice) has posted Pseudolaw, Folk Law and Natural Law: How to Tell the Difference on SSRN. Here is the abstract: Pseudolaw presents false or distorted, but superficially plausible, claims about legal doctrine. It is a dangerous and costly social phenomenon, with the potential to undermine
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L. Ali Khan (Washburn University – School of Law; Legal Scholar Academy) has posted Epstein and Legal Black Holes on SSRN. Here is the abstract: Because black holes emit no light, scientists cannot see them with telescopes. Instead, they confirm their existence by observing signs, such as the extreme distortions they cause in the visible matter
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Elettra Bietti (Northeastern University (USA) – School of Law) has posted Egalitarian Antitrust on SSRN. Here is the abstract: Egalitarian political thought can re-center antitrust law toward its social mission at a time of growing inequality and economic consolidation. Seen through an egalitarian lens, antitrust has social function: to rectify monopolistic excesses, to remove barriers to
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Cass R. Sunstein (Harvard Law School; Harvard University – Harvard Kennedy School (HKS)) has posted Does AI Have Rights? on SSRN. Here is the abstract: Does Artificial Intelligence (AI) have rights? A plausible answer depends on the answer to another question: Is AI capable of experiencing emotions, such as sadness, pleasure, regret, anxiety, joy, and distress?
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Mailyn Fidler (University of New Hampshire Franklin Pierce School of Law) has posted Crime by Tech (Columbia Law Review (forthcoming)) on SSRN. Here is the abstract: American law has long struggled to identify when the means of committing a crime should matter to punishment. With digital technology, any hesitation seems to be eroding. Many states separately
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Ankesh Chandaria (University of Cambridge; University of Cambridge – Leverhulme Centre for the Future of Intelligence) has posted De Legis Utopiae: Law and Law-Making in Literary Utopia on SSRN. Here is the abstract: This paper examines the role of law in literary utopian thought through a comparative reading of Utopia (1516) and A Modern Utopia (1905).