Curtis Bradley (The University of Chicago Law School) has posted Sovereign Power Constitutionalism on SSRN. Here is the abstract: The constitutional text seems to be missing a host of governmental ...

Jeffrey A. Pojanowski (Notre Dame Law School) has posted Faces of Formalism on SSRN. Here is the abstract: Formalist approaches to legal interpretation, such as textualism and originalism, are ...

Levin Güver (University College London, Faculty of Law) has posted Untangling the Gordian Knot of Motive on SSRN. Here is the abstract: The centrality of intention for criminal law is virtually ...

Robert Leider (George Mason University - Antonin Scalia Law School) has posted The Individual Right To Bear Arms For Common Defense on SSRN. Here is the abstract: The fundamental Second Amendment ...

The Legal Theory Bookworm recommends Climate Justice: What Rich Nations Owe the World―and the Future by by Cass R. Sunstein. Here is a description: The social cost of carbon: The most important number ...

Some ideas seem to be endlessly debated. We might all agree that "justice" is a good thing, but some of us think that justice boils down to counting the utility of each individual equally, while ...

Edward Plaut (University of Michigan Law School) has posted Spending Clause Standing (123 Mich. L. Rev. (forthcoming 2025)) on SSRN. Here is the abstract: The Biden Administration’s American Rescue ...

Alfred L. Brophy (University of North Carolina School of Law) has posted The Jurisprudence of Antebellum Phi Beta Kappa Addresses on SSRN. Here is the abstract: Ralph Waldo Emerson spoke at Harvard ...

The Download of the Week is Chevron's Legacy by Mila Sohoni. Here is the abstract: In June 2024, the Court in Loper Bright Enterprises v. Raimondo overruled Chevron. In her Response to Professor ...

Andrea Scoseria Katz (Washington University in St. Louis - School of Law) has posted Separation-of-Powers Lochnerism on SSRN. Here is the abstract: One hundred and twenty years ago, the Supreme Court ...

Kelvin Hiu Fai Kwok (The University of Hong Kong - Faculty of Law) has posted An Autonomy Theory of Consumer Protection Law (Antitrust Law Journal, Volume 86, Issue 2 (2024) pp. 411-472) on SSRN. Here ...

Ester Herlin-Karnell (University of Gothenburg, School of Law) has posted THE CONSTITUTIONAL CONCEPT OF SOLIDARITY IN EU LAW: SOME REFLECTIONS ON THE INTERRELATIONSHIP BETWEEN SOLIDARITY, CONSTITUENT ...