Daniel Epps (Washington University in St. Louis - School of Law) & Marin K. Levy (Duke University School of Law) have posted Judicial Reform from the Inside Out (101 Notre Dame Law Review (forthcoming ...
Federico Picinali (London School of Economics - Law School) has posted Epistemic Injustice in the Criminal Trial: Engaging with Gonzales Rose, Herdy, Jalloh and Owusu-Bempah on SSRN. Here is the ...
Arie Rosen (University of Auckland - Faculty of Law) has posted Political Reasons and the Limits of Political Authority (Legal Theory, volume 29, issue 1, 2023) on SSRN. Here is the abstract: ...
One of the most powerful ideas that legal theory borrows from economics is the idea of a "public good." Sooner or later law students learn that within the framework of contemporary neoclassical ...
Hanoch Dagan (University of California, Berkeley - School of Law; Berkeley Law School) & Molly S. Van Houweling (University of California, Berkeley - School of Law ...
Jack Malich (Columbia Law School) has posted The Judiciary's Arbitrary and Capricious Problem on SSRN. Here is the abstract: The Supreme Court has not been shy in its efforts to change, and in some ...
Andrew Ingram (University of Texas at Austin - Department of Philosophy) has posted The Janus Face of Criminal Law on SSRN. Here is the abstract: Criminal law has two faces: a mundane one that opposes ...
Carlos Chevere-Lugo (St. Mary's University Law School) has posted State Action and the Exclusionary Rule: How States Can Eliminate the Public/Private Distinction on SSRN. Here is the abstract: Why is ...
The Download of the Week is Faces of Formalism by Jeffrey A. Pojanowski. Here is the abstract: Formalist approaches to legal interpretation, such as textualism and originalism, are ascendant in ...
Rachel E. Barkow (New York University School of Law) has posted OF TWO MINDS: THE SUPREME COURT'S DIVERGENT APPROACH TO CONSTITUTIONAL MENS REA on SSRN. Here is the abstract: Constitutional law is ...
Jake Mazeitis has posted The Duty to Ask: Embracing the Gubernatorial Advisory Power (59 Ga. L. Rev. ___ (2025 forthcoming)) on SSRN. Here is the abstract: Establishing new state constitutional rights ...
Paulo Carvao (Harvard University - Harvard Kennedy School (HKS)), Slavina Ancheva (Harvard University - Harvard Kennedy School (HKS)), Yam Atir (Harvard University - Harvard Kennedy School (HKS)), ...