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Shyamkrishna Balganesh (Columbia University – Law School) & Taisu Zhang (Yale University – Law School) have posted Legal Internalism as a Mode of Reasoning (American Journal of Jurisprudence, Vol. 71, forthcoming) on SSRN. Here is the abstract: Despite the influence of Legal Realism, within the realm of legal practice—judicial opinions and beyond—legal reasoning remains outwardly rule-driven, conceptual,
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Albert W. Alschuler (University of Chicago Law School) has posted The Justice Department's Reluctance to Prosecute, the Special Counsel's Regrettable Choices, and the Supreme Court's Unfortunate Immunity Decision: A History on SSRN. Here is the abstract: This Article examines Attorney General Merrick Garland’s initial reluctance to prosecute Donald Trump for the crimes of January 6, Special
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Abdulmaleek Kadiri (Obafemi Awolowo University) has posted Judicial Precedent and the Killy-loo Bird Analogy: Striking a Balance between Tradition and Progress on SSRN. Here is the abstract: Judicial precedents, often referred to as case law or legal precedent, play a crucial role in shaping and interpreting the legal landscape within a jurisdiction. This term paper explores
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Paula A. Monopoli (University of Maryland Francis King Carey School of Law) has posted A "New" New Departure (102 Washington University Law Review 1961 (2025)) on SSRN. Here is the abstract: In the wake of enactment of the Fourteenth and Fifteenth Amendments, women’s rights activists embarked on an exercise in popular constitutionalism known as “the New
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Mark Tushnet (Harvard Law School) has posted Judicial Time: A Research Note on SSRN. Here is the abstract: This Research Note is an effort to lay out some ways of thinking about the relation between political time and judicial time. Political time identifies two general categories of time periods: periods in which a political regime or
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Bojan Spaic (University of Belgrade – Faculty of Law) & Julieta A. Rabanos (University of Girona) have posted Schauer on Free Speech: A Lifelong Enquiry on SSRN. Here is the abstract: Over a career that spanned for decades, from his influential book Free Speech: A Philosophical Enquiry (1982) to very recent articles, Frederick Schauer developed a nuanced
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Ilana Redstone (University of Illinois at Urbana-Champaign – Department of Sociology) has posted The Unintended Consequences of Griggs V. Duke Power on SSRN. Here is the abstract: When the Supreme Court decided Griggs v. Duke Power in 1971, the justices gave power to the 1964 Civil Rights Act. They also institutionalized a fundamental redefinition of discrimination
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Howard Wasserman (Florida International University (FIU) – College of Law) has posted Constitutional Litigation After Trump v. CASA on SSRN. Here is the abstract: Trump v. CASA resolved a decade-old scholarly debate about whether federal courts can grant "universal" injunctions in constitutional cases-injunctions prohibiting the executive from enforcing the challenged law to all persons subject to
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Samantha Barbas (University of Iowa – College of Law) has posted The Story Of Beauharnais v. Illinois (Journal of Free Speech Law, Vol. 2, Issue 2, 2023) on SSRN. Here is the abstract: In 1952, the U.S. Supreme Court issued its landmark First Amendment decision in Beauharnais v. Illinois, upholding an Illinois hate speech law. Beauharnais,
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Jesse Cross (University of South Carolina School of Law) has posted The Amended Statute (92 U. Chi. L. Rev. 1291 (2025)) on SSRN. Here is the abstract: We live in a republic of amended statutes. In each Congress, our laws are amended tens of thousands of times. Individual statutes make amendments that number in the thousands.