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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
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Neal Feigenson (Quinnipiac University – School of Law) has posted Video Decidendi: Judicial Performance as Jurisprudence on SSRN. Here is the abstract: In a 2025 Ninth Circuit case involving a constitutional challenge to a California law banning the possession of large-capacity magazines, Judge Lawrence VanDyke did something no judge has ever done before: He made a
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Shalev Gad Roisman (University of Arizona – James E. Rogers College of Law) has posted The Exclusive Powers Presidency on SSRN. Here is the abstract: Over the last decade, the Roberts Court has quietly transformed separation of powers law by centering the President’s “exclusive” powers. Yet the Court does not seem to understand what it means
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James Toomey (University of Iowa – College of Law) has posted Zombies, AI, and the “Objective” Theory of Contracts (Harvard Journal of Law & Technology (forthcoming 2026)) on SSRN. Here is the abstract: “Agentic” “AI” that can pass the “Turing Test” might behave in ways externally indistinguishable from persons but without our subjectivity or mental states.
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Thomas P. Schmidt (Columbia University – Law School) & Kellen Funk (Columbia University – Law School) have posted The Equity Docket (101 N.Y.U. L. Rev. (forthcoming 2026)) on SSRN. Here is the abstract: The Supreme Court has two sides. On its ordinary docket, the Court answers questions of law after briefing and oral argument. On its extraordinary
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Alex Stein (Israel Supreme Court) has posted The Inevitability of Marbury v. Madison (ICL – Vienna Journal on International Constitutional Law (forthcoming in 2026)) on SSRN. Here is the abstract: This Article uncovers three pivotal insights from Marbury v. Madison, highlighting their universal significance and enduring relevance in contemporary constitutional practice. Specifically, it argues that Chief
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Braden Boucek (Southeastern Legal Foundation) has posted Reclaiming the Genius of a Free State, Tennessee’s Forgotten Anti-Monopolies Clause (Belmont Law Review | Vol. 13: 1 | 2025) on SSRN. Here is the abstract: Since its founding in 1796, Tennessee has constitutionally prohibited monopolies—they “shall not be allowed.” Yet, to the detriment of entrepreneurs, consumers, and citizens
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David Landau (Florida State University – College of Law) has posted Judging Emergencies (105 Texas Law Review __ (forthcoming 2026)) on SSRN. Here is the abstract: Presidents have increasingly leaned on emergency statutes to enact their policy goals. President Trump across his two terms has wielded emergency provisions to enact tariffs on nearly every country, deploy