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The Legal Theory Stack for Thursday, May 7, has been published. The weekday edition provides the content of Legal Theory Blog for the previous weekday. On Sundays, the Stack includes the Download of the Week, the Legal Theory Bookworm, and the new or revised entry in the Legal Theory Lexicon. Here is the link: https://lsolum.substack.com/p/legal-theory-stack-thursday-may-7…
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The fourth edition of Legal Theory Musings has been sent to paid subscribers of Legal Theory Stack. This week’s Musings was inspired by Jocelyn Simonson and Sabeel Rahman’s The Part IV Problem in Legal Scholarship, forthcoming in the Columbia Law Review Forum. For more information on the stack, see https://lsolum.substack.com/.
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The third installment of the Legal Theory Musings is available to paid subscribers of Legal Theory Stack. Here is a link: https://lsolum.substack.com/p/legal-theory-musings-no-3-the-party
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The Legal Theory Stack is up! Here is a link: https://lsolum.substack.com/p/legal-theory-stack-friday-april-24. If you sign up for a free subscription, a summary of Legal Theory Blog will be delivered to your email inbox every weekday. On Sunday, the Download of the Week, the Legal Theory Bookworm, and the new or updated Legal Theory Lexicon are summarized!
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The second edition of the Legal Theory Musings is now available to paid subscribers on substack. This week I am musing about disarray in the doctrines governing stare decisis. Here is a link to the homepage for Legal Theory Stack: https://lsolum.substack.com/.
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Today’s edition of the Legal Theory Stack is out: https://lsolum.substack.com/p/legal-theory-stack-wednesday-april You scan get a free subscription, with a summary of the posts on Legal Theory Blog delivered to your inbox. A paid subscription includes early access to the Legal Theory Musings, opinionated discussions of current developments in legal scholarship. The first Legal Theory Musings issue will be out this…
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Lawrence B. Solum (University of Virginia School of Law) has posted For Constitutional Theory (California Law Review (forthcoming 2026)) on SSRN. Here is the abstract: Since the publication of James Bradley Thayer’s “The Origin and Scope of the American Doctrine of Constitutional Law” in 1893 there has been an outpouring of theorizing about constitutionalism in the…
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Stuart Babcock has posted Cabining Criminal Omission Liability on SSRN. Here is the abstract: This article aims to elucidate questions, both legal and philosophical, concerning criminal liability for inaction, formally known as omission liability. In particular, this article aims to show that a person’s omission liability for a victimizing outcome does arise, legally, and should arise,…
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Kuan-ting Chen (Cornell University – Law School; National Chengchi University (NCCU) – College of Law) has posted Historical Injustice in the Property Law Domain: A Theoretical Examination on Taiwan’s Indigenous Reserved Land Policy on SSRN. Here is the abstract: This essay provides a normative evaluation of Taiwan’s Indigenous Reserved Land policy, a singular affirmative action regime…
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Dominique Fischer (University of Malaya (UM)) has posted Has Santa Claus a Good Long-Term Memory on SSRN. Here is the abstract: If Santa Claus had a good long-term memory, she would remember who had consistently been good in the previous years and would reward them accordingly. She would not only rely on the current year…