Abstract
-
Mnotho Ngcobo (University of Louisville – Louis D. Brandeis School of Law) has posted How Judicial Independence Enables Constitutional Fidelity on SSRN. Here is the abstract: Judicial independence is commonly defended as insulation from political pressure, but that account leaves unanswered a more fundamental question: independent for what purpose. This Article argues that judicial independence is
-
William M. Carter, Jr. (University of Pittsburgh – School of Law) has posted Universities, Free Speech, and Tyranny on SSRN. Here is the abstract: The Trump Administration has relentlessly attacked freedom of speech. The First Amendment rights of university students, faculty, and staff have been especially targeted. In far too many cases, university leaders have not
-
Jayanth K. Krishnan (Indiana University Maurer School of Law) has posted Advice without Lawyers? Immigrants, Legal Deserts, and Reflections on Who Can Practice Law (William & Mary Law Review, Volume 68 (Forthcoming 2027)) on SSRN. Here is the abstract: Immigration law exposes the depth of America’s access-to-justice crisis. During periods of intensified enforcement, including the recent
-
Tascha Shahriari-Parsa has posted The Constrained Override: Canadian Lessons for American Judicial Review (137 Harv. L. Rev. 1725 (2024)) on SSRN. Here is the abstract: Since the turn of the century, the U.S. Supreme Court has claimed to have the last word on what the Constitution means. But in Canada, the “notwithstanding clause” allows legislatures to
-
Jeff Pojanowski has posted Faces of Formalism on the Virginia Law Review website. Here is the abstract: Formalist approaches to legal interpretation, such as textualism and originalism, are ascendant in federal statutory and constitutional law. Yet with success have come uncertainty and dissatisfaction. Formalists and their critics observe that textualism and originalism can seem as
-
Jill E. Family (Widener University – Commonwealth Law School) has posted The Sky Is Falling: Immigration Law and Agency Adjudicator Independence (2026 Utah L. Rev., forthcoming) on SSRN. Here is the abstract: This article examines the degradation of agency decisional independence under unitary executive theory through the experience of immigration law. The Supreme Court is expected
-
Qin (Sky) Ma (Max Planck Institute for the Study of Crime, Security and Law) has posted Non-Independent Impartiality: Unveiling the Subtle Resistance to Judicial Independence in China forthcoming in Columbia Journal of Asian Law 2026 (accepted in 2024) on SSRN. Here is the abstract: This article uses legal cultural and historical analysis to reveal the notion
-
Václav Janeček (University of Bristol – School of Law) & Giovanni Sartor (European University Institute Law Department; University of Bologna – CIRSFID) have posted Legal Interpretation and AI: From Expert Systems to Argumentation and LLMs on SSRN. Here is the abstract: AI and Law research has encountered legal interpretation in different ways, in the context of its
-
James M. Oleske (Lewis & Clark Law School – Paul L Boley Law Library; Lewis & Clark College – Lewis & Clark Law School) has posted Mahmoud, Skrmetti, and 303 Creative: Ignoring Original Meaning, Rewriting Precedent, and Discounting Harm to LGBTQ People (26 Hous. J. Health L. & Pol’y (forthcoming)) on SSRN. Here is the abstract:
-
Wayne Sandholtz (University of Southern California – School of International Relations; University of Southern California Gould School of Law) & Christopher A. Whytock (University of California, Irvine, School of Law) have posted Are Foreign Affairs (Still) Different? An Empirical Analysis of the Political Question Doctrine (94 University of Chicago Law Review (forthcoming 2027)) on SSRN. Here is