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The AALS Section on Law and Religion seeks nominations for the 2025 Harold Berman Award for Excellence in Scholarship. This annual award recognizes a paper that has made an outstanding scholarly contribution to the field of law and religion. To be eligible, a paper must have been published between July 15, 2024, and November 15,…
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Richard M. Re (Harvard University – Harvard Law School) & Yoav Paz-Priel (Williams & Connolly LLP) have posted The Standing Realignment on SSRN. Here is the abstract: For many years, liberals have favored broad standing and conservatives narrow standing. Yet that pattern has disappeared and may be reversing. We studied the Supreme Court justices’ votes on standing…
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Jed H. Shugerman (Boston University – School of Law) & Gary Lawson (University of Florida Levin College of Law) have posted Presidential Removal as Article I, Not Article II on SSRN. Here is the abstract: As a matter of original public meaning, Article I’s Necessary and Proper clause is the starting point for both Congress’s power to…
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Cass R. Sunstein (Harvard Law School; Harvard University – Harvard Kennedy School (HKS)) has posted How to Disagree on SSRN. Here is the abstract: How should one respond to an argument that one believes to be wrong, or egregiously wrong? What is the proper tone? Does disagreement have an internal morality? Does contempt have a…
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Ashwini Vasanthakumar (Queen’s University – Faculty of Law) has posted The Political Obligations of Oppressed Citizens: Resistance, Refusal, and the Politics of Transformation on SSRN. Here is the abstract: In this chapter, I explore the political obligations of oppressed citizens. Oppressed citizens typically are excluded from accounts of political obligation; indeed, it is assumed that…
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Brian Flanagan (National University of Ireland, Maynooth (NUI Maynooth) – Faculty of Law), Njogu Mbau (Strathmore Business School, Strathmore University), Daniel Chen (University of Toulouse Capitole – Toulouse School of Economics), & Kenneth Silver (Trinity College Dublin – Trinity Business School) has posted What Precedent Reveals About Group Agency: Evidence from Discursive Dilemmas on the…
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Farrah Ahmed (University of Melbourne – Law School) has posted The Sting of Toleration on SSRN. Here is the abstract: In a 2008 essay ‘On Being Tolerated’, Leslie Green offers a powerful and compelling strategy for soothing the sting of toleration: attempting to understand the meaning that the tolerated attach to their tolerated conduct. But…
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Neil Siegel (Texas A&M University School of Law) has posted Legalist Versus Realist Accounts of United States v. Skrmetti ( University of Illinois Law Review, Forthcoming 2026) on SSRN. Here is the abstract: Although the Supreme Court is increasingly adopting an understanding of sex discrimination that is biologically focused and/or formalistic, this Article argues that…
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Marc Canellas (Maryland Office of The Public Defender) has posted Machine-Generated Evidence on SSRN. Here is the abstract: Our legal system is being rewritten in code. In the criminal legal system, from AI-authored police reports to face recognition and DNA software, carceral machines–systems built from hardware, software and AI–now generate the suspicion, evidence, and convictions.…
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Seth Barrett Tillman (National University of Ireland, Maynooth (NUI Maynooth) – Faculty of Law) has posted Matters of Debate-The Foreign Emoluments Clause Reached Only Appointed Officers (2016; updated 2025) on SSRN. Here is the abstract: In 1966, Congress enacted the Foreign Gifts and Decorations Act, 5 U.S.C. § 7342. The 1966 Act provides elected and…