Abstract
-
Marion Ho-Dac (Artois University) has posted The EU AI Act and the Challenge of Protecting Fundamental Rights on SSRN. Here is the abstract: While the Artificial Intelligence (AI) race is raging on the world market, several voices have called for effective regulation of this multifaceted technology and its ever increasing capabilities. In this context, the European…
-
Nia Johnson (Wake Forest University – School of Law) has posted The Misaligned Market of Health Influencing (Boston College Law Review, forthcoming) on SSRN. Here is the abstract: Healthcare has numerous challenges. First, it is costly, with the United States having the highest healthcare expenses in the Western world. It is also time-consuming; an emergency room…
-
Larry Catá Backer (Pennsylvania State University, Penn State Dickinson Law) has posted Power, Purpose, and Control—the Corporation as Platform, Router, and Control/Compliance Space in an Emerging World Order on SSRN. Here is the abstract: This essay reconsiders the conventional narrative of a ‘fracturing world order’ by shifting the unit of analysis from the state to the…
-
Eric R. Claeys (George Mason University) has posted Analytical Aristotelianism and Analytical Jurisprudence (American Journal of Jurisprudence, forthcoming) on SSRN. Here is the abstract: This essay, part of a symposium on New Natural Law and analytical Thomism, studies how teleological analytical methods have enriched analytical jurisprudence. Those “analytical Aristotelian” methods have inspired two promising arguments in…
-
Agustin V. Startari (Universidad de la Republica) has posted Delegation to a Probability Distribution: Rethinking Legal Authority in Stochastic Systems on SSRN. Here is the abstract: This article develops a jurisprudential account of delegation to stochastic decision architectures. Existing work on automated public decision-making has already established that algorithmic systems can disrupt familiar doctrines of delegation,…
-
Emad H. Atiq (Cornell University – Law School; Cornell University – Sage School of Philosophy) has posted Constitutional Rights as Allocations of Moral Authority (Iowa Law Review, forthcoming) on SSRN. Here is the abstract: When one generation entrenches a constitutional right intended to bind subsequent generations, whose moral reasoning should govern its application? Constitutional theory usually…
-
Jay M. Feinman (Rutgers Law School) has posted The Purposes of Insurance Law Revisited on SSRN. Here is the abstract: This paper was presented at a symposium celebrating the illustrious career of Professor Kenneth S. Abraham, using as a marker the fortieth anniversary of the publication of his book, Distributing Risk: Insurance, Legal Theory, and Public…
-
Ayomikun Kuewumi (Adekunle Ajasin University) has posted The Legal Status of LGBTQIA+ Persons in Nigeria: A Critical Examination of Criminalisation, Fundamental Rights and Human Rights on SSRN. Here is the abstract: The legal position of lesbian, gay, bisexual, transgender, queer/questioning, intersex and asexual persons in Nigeria cannot be accurately stated by the bare proposition that ‘LGBTQIA+…
-
Çağrı Gürkanlı (Bilkent University Law School) has posted Two Paradigms of Constitutional Legitimacy in Turkey: Constituent Power Between the ‘National Will’ and Strong Constitutionalism (Cambridge Handbook on Constituent Power and its Limits, forthcoming) on SSRN. Here is the abstract: Modern constituent power theory promises that a constitution is legitimate when it issues from the will of…
-
Sara C. Bronin (George Washington University – Law School) has posted Keeping AI in its Zone (Yale Law & Policy Review, forthcoming) on SSRN. Here is the abstract: With zoning-reform fever sweeping local governments, state legislatures, and even Congress, there is an urgent push to understand exactly how zoning works. Unfortunately, zoning is a particularly opaque…