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 ...

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 ...

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 ...

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 ...

Hanoch Dagan (University of California, Berkeley - School of Law; Berkeley Law School) & Molly S. Van Houweling (University of California, Berkeley - School of Law ...

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 ...

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: ...

Kalvis Golde (Columbia Law School) has posted The Decline of Summary Reversals at the U.S. Supreme Court (Forthcoming, Columbia Law Review) on SSRN. Here is the abstract: Summary reversals have a long ...

David L. Sloss (Santa Clara University - School of Law) has posted Murthy v. Missouri: Jawboning, Social Media and the First Amendment on SSRN. Here is the abstract: In Murthy v. Missouri, two states ...

Carlos Chevere-Lugo (St. Mary's University Law School) has posted Plenary Powers in the Classroom: The Case for Territorial Law in Legal Curricula on SSRN. Here is the abstract: The Insular Cases have ...

Grégoire Webber (Queen's University - Faculty of Law; London School of Economics - Law School) has posted Modes of Collaboration in a Collaborative Constitution on SSRN. Here is the abstract: This ...