Download of the Week
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The Download of the Week is Hohfeld Deconstructed by Simone M. Sepe. Here is the abstract: An account limited to what a person may or must do does not identify to whom a duty is owed or what legal effects an act produces. A public duty need not give an individual a private claim. An owner…
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The Download of the Week is Back to Philadelphia? The Uneasy Case for a New Constitutional Convention by Jamal Greene and David Pozen. Here is the abstract: No country has ever had a written constitution in longer continuous operation than the United States. Such resilience is cause for commemoration. But for constitutions, as for people, longevity…
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The Download of the Week is The General Law Renaissance and the Common Law by Neil Duxbury. Here is the abstract: Of late, there has emerged an important body of legal scholarship sympathetically reassessing the concept of “general law” — unwritten legal norms discoverable by courts. This article shows that these reassessments run up against a…
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The Download of the Week is Constitutional Rights as Allocations of Moral Authority by Emad H. Atiq. 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 treats this as a problem of political authority, with answers clustering around two…
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The Download of the Week is Discrimination as Bad Faith by Erik Encarnacion. Here is the abstract: Courts and commentators often treat antidiscrimination principles as alien to contract law and expressed exclusively by civil rights statutes. This Article argues that the separation is mistaken on contract law’s own terms: a wrongfully discriminatory exercise of contractual discretion…
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The Download of the Week is The Future of Classification by Deborah Hellman. Here is the abstract: Equal protection doctrine requires that laws which treat people differently on the basis of race and sex are subject to a higher level of judicial scrutiny than are other laws. Yet it is surprisingly unclear when that occurs. Indeed,…
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The Download of the Week is Corporate Virtue and Vice by Mihailis Diamantis. Here is the abstract: Authorities and academics primarily evaluate corporations through their behavior. But consumers, investors, and many corporate professionals implicitly evince an alternative perspective. For them, what matters is not just what corporations do, but also the deeper structures behind corporate behavior.…
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The Download of the Week is Why AIs (Might) Obey the Law by Pratik Sachdeva and Noam Kolt. Here is the abstract: AI models are no longer confined to producing content and increasingly operate as agents that take actions on behalf of users. A growing body of work empirically tests whether AI models when acting…
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The Download of the Week is The Fourth Amendment After Chatrie by Orin S. Kerr. Here is the abstract: At the end of the Supreme Court’s recent Term, the Court handed down a Fourth Amendment ruling in Chatrie v. United States about what is a Fourth Amendment “search.” Although the case has received little attention so…
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The Download of the Week is Fact Avoidance by Shalev Gad Roisman. Here is the abstract: The legality of the President’s exercise of statutory power depends on questions of both law and fact. Yet courts often focus exclusively on the former, without engaging with the latter. This Essay suggests that this is no coincidence—that one reason…