Introduction One of the most famous distinctions in contemporary legal theory was made popular by Guido Calabresi & A. Douglas Melamed's famous article, Property Rules, Liability Rules, and ...

Early Lessons in Judicial Self-Protection by Curtis Bradley & Neil Siegel. Here is the abstract: This Essay explores how the U.S. Supreme Court, despite being vulnerable to defiance ...

The Legal Theory Bookworm recommends The Cambridge Handbook of Experimental Jurisprudence, edited by Kevin Tobia. Here is a description: This handbook introduces readers to the emerging field of ...

Alon Harel (Hebrew University of Jerusalem - Faculty of Law) have posted Constitutionalism and Majoritarianism Reconciled on SSRN. Here is the abstract: This paper defends the view that ...

Prashant Mahajan (R. C. Patel Institute of Technology) has posted The Soul of the AI: Governance, Ethics, and the Future of Human–AI Integration on SSRN. Here is the abstract: Background and Aims This ...

An Argument for User Responsibility on SSRN. Here is the abstract: As AI seeps into nearly every digital application we use, it remains fraught with controversy. This paper argues ...

Bijal Shah (Boston College Law School) has posted Judicial Administration (UC Irvine Law Review (forthcoming)) on SSRN. Here is the abstract: “Presidential administration” has been discussed for the ...

Graham Ryan (Jones Walker, LLP) has posted Generative AI Will Break the Internet: Beyond Section 230 (Harvard Journal of Law & Technology, Volume 37, Digest Spring 2024) on SSRN. Here is the abstract: ...

I am saddened to learn of the passing of Richard Fallon, the Story Professor Law, at Harvard Law School. I have known Dick for more than 40 years. I was in his Federal Courts class during his first ...

Introduction There are many different theories of constitutional interpretation, but the most controversial and also perhaps the most influential is "originalism." Originalism is actually a family of ...

Introduction This week the Legal Theory Lexicon entry focuses on "ambiguity" and "vagueness"--two important concepts for the theory of interpretation. Some legal texts are ambiguous--they contain ...

Introduction This week the Legal Theory Lexicon entry focuses on "ambiguity" and "vagueness"--two important concepts for the theory of interpretation. Some legal texts are ambiguous--they contain ...