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: ...
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 ...
Hanoch Dagan (University of California, Berkeley - School of Law; Berkeley Law School) & Molly S. Van Houweling (University of California, Berkeley - School of Law ...
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 ...
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 ...
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 ...
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 ...
M. Burke Craighead (Harvard University - Harvard Law School) has posted Note, The Paradox of Precedent About Precedent (Harvard Law Review, Volume 138, No. 3, p. 797, 2025) on SSRN. Here is the ...
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 ...
The Legal Theory Bookworm recommends Defending Due Process: Why Fairness Matters in a Polarized World by Brandon L. Garrett. Here is a description: We all feel unfairness deeply when treated in rash ...
Ester Herlin-Karnell (University of Gothenburg, School of Law) has posted Privatisation and Climate Change: a Question of Duties? on SSRN. Here is the abstract: If the state outsources a ...
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