Download of the Week
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The Download of the Week is The Promise and Peril of Direct Democracy After Dobbs by Melissa Murray and Katherine Shaw. Here is the abstract: In Dobbs v. Jackson Women’s Health Organization, the Supreme Court announced that it was leaving the power to regulate abortion “to the people and their elected representatives.” In the wake of…
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The Download of the Week is The Executive Order by Elena Chachko. Here is the abstract: Executive orders have been a defining feature of the second Trump presidency. Hundreds of orders and proclamations have introduced sweeping policies and an exceptionally broad view of presidential control over the administrative state. Yet existing scholarship on executive orders offers…
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The Download of the Week is Unprincipled Adjudication by Richard M. Re. Here is the abstract: What is unprincipled adjudication and when, if ever, is it justified? In addressing those questions, this essay attempts to complete a project begun with Professor Fred Schauer. Highly recommended! Download it while it’s hot! To receive new posts from Legal Theory…
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The Download of the Week is Restoration Narratives by Cass R. Sunstein. Here is the abstract: There are narratives of constitutional restoration. They have immense appeal, and they appear to be on the ascendency. They take the following stylized form: “At the time of the founding, a constitutional provision meant X. Almost everyone understood that it…
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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,…