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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

Levin Güver (University College London, Faculty of Law) has posted The Unity of Motive on SSRN. Here is the abstract: The role of intention in criminal law stands in stark contrast to that of motive.

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 ...

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 ...

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 ...

David S. Schwartz (University of Wisconsin Law School) has posted The Rhetoric of Deception: Madison's Federalist 37 and the Structure of the Ratification Debates on SSRN. Here is the abstract: James ...