Abstract
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Rafał Mańko (University of Wrocław) has posted From Ideology to the Common Good: Reconsidering the Critical Theory of Adjudication (Krytyka Prawa) on SSRN. Here is the abstract: This paper reconsiders the critical (agonistic) theory of adjudication by revising its normative thesis concerning ideology as a source of judicial guidance in cases of genuine indeterminacy. It retains…
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M. C. Loureiro (Leicester Law School) has posted Critical Citizenship Theory: Law, Race and Rights Through the Portuguese Empire (Colonial Citizenship, Bristol University Press, forthcoming) on SSRN. Here is the abstract: Critical Citizenship Theory advances critical citizenship theory organised around the concept of negatory nationality and colonial citizenship. It argues that citizenship operates through three constituents…
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Thomas A. Smith (University of San Diego School of Law) has posted The Ruler’s Equity: Common-Good Constitutionalism and the Reoccupation of Jurisdiction on SSRN. Here is the abstract: This article argues that the classical legal tradition rests on two commitments, an account of the ends of law and an account of the form of authority, and…
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Lucinda Vandervort (University of Saskatchewan College of Law) has posted Sexual consent by ambush? Absent ab initio (Criminal Law Quarterly, forthcoming) on SSRN. Here is the abstract: What subjective sexual consent is, is one question. How its presence or absence is proven in the context of a sexual assault trial is a quite different question. This…
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Martin Lockman (William & Mary Law School) has posted Can State Constitutional Amendments Be Takings? (Michigan Law Review, forthcoming) on SSRN. Here is the abstract: Property is protected against government seizure by the Fifth Amendment, which provides that private property may not be “taken for public use, without just compensation.” However, property entitlements are primarily defined…
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John Linarelli (University of Pittsburgh School of Law) has posted Theorizing a Transnational Contract Law: What Role for the CISG? (25 Wash. U. Global Stud. L. Rev. 435 (2026)) on SSRN. Here is the abstract: This article investigates whether a coherent transnational contract law can be said to exist and examines the role of the Convention…
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Ernest Young (Duke University School of Law) has posted The Unitary Executive and Congress’s Options in Delegating Power to Enforce Federal Law on SSRN. Here is the abstract: The central separation of powers issue of our time is the tension between ensuring democratic accountability of the administrative state and checking the ever-growing power of the President.…
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Andy Yu (University of Western Ontario) has posted What is Canada’s ‘Always Speaking’ Principle of Statutory Interpretation? (Alberta Law Review, forthcoming) on SSRN. Here is the abstract: Although Canada has long recognized the principle from England that statutes are “always speaking”, the judicial and scholarly discussion of the principle in Canada has been limited. The limited…
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Bartosz Biskup (European University Institute — Department of Law; Jagiellonian Center for Law, Language and Philosophy; Jagiellonian University in Cracow) has posted On Legal Artefacts (Journal of Social Ontology) on SSRN. Here is the abstract: In this paper, I argue that conventionalised social kinds, including legal institutions like marriage, operate through collective recognition rather than functional…
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Anne van Aaken (University of Hamburg, Law School) and Betül Simsek (University of Hamburg) have posted The Situated Universality of Emotions, Cognition, and International Law: A Biocultural Analogy on SSRN. Here is the abstract: Debates about universality are central to both emotions in affective science and international law. Psychology and neuroscience ask whether emotions are universal…