Download of the Week
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The Download of the Week is Tort Law at the Frontier of Artificial Intelligence by Ketan Ramakrishnan. Here is the abstract: The frontier of contemporary AI development is dominated by AI systems built on foundation models – highly versatile algorithms, trained in the first instance on broad swathes of data, that can function as tools and…
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The Download of the Week is Aggregation and the “Universal” Injunction by Portia Pedro & Adam Steinman. Here is the abstract: In this Essay, we begin with a brief summary of the CASA decision’s holding regarding the availability of “universal” injunctions. Part II discusses the relationship between remedies and judicial review and the important role that…
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The Download of the Week is The Constitution of Racial Repair: A Reconstructed History by Joy Milligan. Here is the abstract: If affirmative action is dead, we should remember it accurately. Dominant narratives claim that bureaucrats invented affirmative action in the 1970s as a policy of voluntary racial preferences in jobs and university admissions, undermining merit…
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The Download of the Week is Prosecuting Contempt by Samuel L. Bray and Aditya Bamzai. Here is the abstract: Under Supreme Court precedent and the Federal Rules of Criminal Procedure, federal courts may appoint prosecutors for criminal contempt. In this way, and many others, contempt prosecutions depart from the ordinary, adversarial model associated with criminal…
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The Download of the Week is Authoritative Disagreement: Meta-Legal Theory and the Semantics of Adjudication by Andrej Kristan and Giulia Pravato. Here is the abstract: Legal disagreements have been one of the main topics of contemporary jurisprudence over the last four decades. Nevertheless, this chapter deals with the problem of their intelligibility from a largely…
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The Download of the Week is The Limits of Text by Farah Peterson. Here is the abstract: Let’s say the “laws” are the rules that actually constrain power, organize government, and coerce people. That is, let’s define the law as the system of rules we experience, and not just the system of rules our statutes, precedents,…
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The Download of the Week is Empirical Constitutional Studies: The State of the Field by Mila Versteeg. Here is the abstract: This Foreword takes stock of the rapid rise of empirical studies on constitutions and constitutional law. It traces the field’s development from large-scale coding of written constitutional texts to more recent data collection efforts…
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The Download of the Week is Power and Immunity in Youngstown and Trump v. United States by Katherine Shaw. Here is the abstract: In Chief Justice John Roberts’s opinion for the Court in Trump v. United States, granting ex-presidents broad immunity from criminal prosecution, Justice Robert Jackson’s famous concurrence in Youngstown Sheet & Tube Company…
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DotW is Blame and Punishment: The Difference Duty Makes by Michelle Madden Dempsey. Here is the abstract: When it comes to blaming and punishing, what difference does it make if the blame and punishment are in response to a breach of duty rather than simply a failure to conform to an ordinary reason? Put in…
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DotW is Old Textualism, New Juristocracy by Marco Basile. Here is the abstract: This Article traces the emergence of text-centric theories of legal interpretation in the early nineteenth century amid an increasingly writing-based legal culture. While many scholars and judges associate textualism with the Founding period’s enactment of written constitutions and innovation in the separation…