Lawrence Solum

Correct link: bit.ly/PartyPresent...

Macey, Richardson, & Ramakirshnan on General Law Contitutionalism Joshua Macey (Yale University - Law School), Brian Richardson (Cornell University - Law School), & Ketan Ramakrishnan (Yale University - Law School) have posted Against General Law Constitutionalism (University of Chicago Law Review (forthcoming)) on SSRN. Here is the abstract: This Article considers when and under what circumstances the "general law," a species of unwritten law grounded in legal customs and practices shared across different legal jurisdictions, might be used in modern constitutional interpretation.

Macey, Richardson, & Ramakirshnan on General Law Contitutionalism

Joshua Macey (Yale University - Law School), Brian Richardson (Cornell University - Law School), & Ketan Ramakrishnan (Yale University - Law School) have posted Against General Law Constitutionalism (University of Chicago Law Review…

Nunn on Aricle III and Facfinding G. Alexander Nunn (Texas A&M University School of Law) has posted The Article III Factfinding Power (111 Minnesota Law Review __ (forthcoming 2027)) on SSRN. Here is the abstract: Factual disputes of national consequence dominate modern federal dockets. In recent years, federal judges have been asked to determine whether widespread fraud occurred in a presidential election, whether politically charged abortion restrictions are medically sound, whether climate regulations rest on scientific data, whether FDA-approved vaccines caused injury, and whether recent deportations have any factual justification at all.

Nunn on Aricle III and Facfinding

G. Alexander Nunn (Texas A&M University School of Law) has posted The Article III Factfinding Power (111 Minnesota Law Review __ (forthcoming 2027)) on SSRN. Here is the abstract: Factual disputes of national consequence dominate modern federal dockets. In recent…

Lloyd on Bowers v. Hardwick at 40 Harold Anthony Lloyd (Wake Forest University School of Law) has posted Bowers v. Hardwick Postmortems at Forty: Timely Dissections of Its Tradition, Enumeration, and Other Errors (William & Mary Bill of Rights Journal, Volume 35 (Forthcoming)) on SSRN. Here is the abstract: The fortieth anniversary of Bowers v. Hardwick, 478 U.S. 186 (1986), and troubling recent opinions at the Court call for current Hardwick postmortems.

Lloyd on Bowers v. Hardwick at 40

Harold Anthony Lloyd (Wake Forest University School of Law) has posted Bowers v. Hardwick Postmortems at Forty: Timely Dissections of Its Tradition, Enumeration, and Other Errors (William & Mary Bill of Rights Journal, Volume 35 (Forthcoming)) on SSRN. Here is the…

De Benedetto & Peruzzi on Cross-Examination and Higher Order Evidence Matteo De Benedetto (IMT School for Advanced Studies Lucca) & Edoardo Peruzzi (Leibniz University Hannover) have posted Higher-Order Evidence and Legal Cross-Examination (Forthcoming in Synthese) on SSRN. Here is the abstract: This paper aims to show the central role that higher-order evidence plays in an established cultural practice in our society, namely, legal cross-examination. First, we will show how legal cross-examination can be epistemologically reconstructed as an epistemic practice that has the higher-order defeat of a witness's testimony as its main goal.

De Benedetto & Peruzzi on Cross-Examination and Higher Order Evidence

Matteo De Benedetto (IMT School for Advanced Studies Lucca) & Edoardo Peruzzi (Leibniz University Hannover) have posted Higher-Order Evidence and Legal Cross-Examination (Forthcoming in Synthese) on SSRN. Here is the abstract:…

Nzang & Wang on Collective Action and Russian Aggression Julio Cesar Obiang Sima Nzang (Northwest University of Political Science and Law) & Yingying Wang (Northwest University of Political Science and Law) have posted When Sovereignty Collides With Solidarity: Legal Boundaries Of Collective Action In Response To Russia's Aggression Against Ukraine on SSRN. Here is the abstract: The aggression of Russia towards Ukraine has put the strength of the international legal order that regulates the use of force and collective security.

Nzang & Wang on Collective Action and Russian Aggression

Julio Cesar Obiang Sima Nzang (Northwest University of Political Science and Law) & Yingying Wang (Northwest University of Political Science and Law) have posted When Sovereignty Collides With Solidarity: Legal Boundaries Of Collective…

Ford on Trust in Regulation Cristie Ford (Peter A. Allard School of Law; European Corporate Governance Institute (ECGI)) has posted Trust in Regulation in a Time of Revolution (Regulation and Governance, forthcoming) on SSRN. Here is the abstract: In a moment when big-P Politics feel practically catastrophic, the suggestion that we should be focusing on regulation could seem foolish, or worse: it could seem like some kind of self-serving effort to pretend our work rearranging deck chairs continues to matter.

Ford on Trust in Regulation

Cristie Ford (Peter A. Allard School of Law; European Corporate Governance Institute (ECGI)) has posted Trust in Regulation in a Time of Revolution (Regulation and Governance, forthcoming) on SSRN. Here is the abstract: In a moment when big-P Politics feel practically…

Barnett and Solum on the Party Presentation Principle Randy E. Barnett (Georgetown University Law Center) & Lawrence B. Solum (University of Virginia School of Law) have posted Making the Party Presentation Principle Safe for Originalism (forthcoming 174 U. Pa. L. Rev. (2026)) on SSRN. Here is the abstract: The Supreme Court sometimes adheres to what it calls the “party presentation principle”—terminology that dates back to 2008. Although judicial articulations of the principle have been inconsistent and imprecise, the gist is the familiar notion that courts should resolve cases on the basis of the issues and reasons presented by the parties to the dispute.

Barnett and Solum on the Party Presentation Principle

Randy E. Barnett (Georgetown University Law Center) & Lawrence B. Solum (University of Virginia School of Law) have posted Making the Party Presentation Principle Safe for Originalism (forthcoming 174 U. Pa. L. Rev. (2026)) on SSRN. Here is the…

Slocum on Normative Canons of Criminal Law Brian G. Slocum (Florida State University - College of Law) has posted The Normative Canons of Criminal Law (79 Vanderbilt Law Review (forthcoming)) on SSRN. Here is the abstract: The rule of lenity is an ancient maxim directing that ambiguities in criminal statutes be interpreted in favor of defendants. Courts rarely rely on the rule of lenity though, and its future is currently being debated.

Slocum on Normative Canons of Criminal Law

Brian G. Slocum (Florida State University - College of Law) has posted The Normative Canons of Criminal Law (79 Vanderbilt Law Review (forthcoming)) on SSRN. Here is the abstract: The rule of lenity is an ancient maxim directing that ambiguities in…

Neibart on Birthright Citizenship and Indians Elias Neibart has posted Indians and Citizenship: Territorial Birth & Parental Status in Contemporaneous Caselaw on the web. Here are two paragraphs from the introduction: Originalist scholars have weighed in. On one side of the debate is Professor Ilan Wurman. He has argued that “birthright citizenship depended largely, even if not exclusively, on the status of the parents as being within the allegiance and under the protection of the sovereign.” If a parent was “within the allegiance and under the protection of the sovereign,” he was subject to the sovereign’s complete “municipal jurisdiction.” And, if that were the case, any children that parent had would be bona fide citizens of the polity.

Neibart on Birthright Citizenship and Indians

Elias Neibart has posted Indians and Citizenship: Territorial Birth & Parental Status in Contemporaneous Caselaw on the web. Here are two paragraphs from the introduction: Originalist scholars have weighed in. On one side of the debate is Professor…

Kolt on Superintelligence and Law Noam Kolt (Hebrew University of Jerusalem) has posted Superintelligence and Law (Harvard Journal of Law & Technology (forthcoming)) on SSRN. Here is the abstract: The prospect of artificial superintelligence—AI agents that can generally outperform humans in cognitive tasks and economically valuable activities—will transform the legal order as we know it. Operating autonomously or under only limited human oversight, AI agents will assume a growing range of roles in the legal system.

Kolt on Superintelligence and Law

Noam Kolt (Hebrew University of Jerusalem) has posted Superintelligence and Law (Harvard Journal of Law & Technology (forthcoming)) on SSRN. Here is the abstract: The prospect of artificial superintelligence—AI agents that can generally outperform humans in…

Legal Theory Lexicon: General Law Introduction The idea of "general law" or "general common law" is usually introduced to law students in the course on Civil Procedure in connection with Erie Railroad v. Tomkins, 304 U.S. 64 (1938). In that course, students might learn about the distinction between two kinds of common law, local and general. Local common law was particular to a given state or region: for example, local customs or practices might form the basis of common law norms governing property law.

Legal Theory Lexicon: General Law

Introduction The idea of "general law" or "general common law" is usually introduced to law students in the course on Civil Procedure in connection with Erie Railroad v. Tomkins, 304 U.S. 64 (1938). In that course, students might learn about the distinction…

Reva Siegel on the Originalist Argument for Prenatal Personhood Michael Ramsey – The Originalism Blog originalismblog.com/reva-siegel-...

Legal Theory Bookworm: “Bernard Williams on Law and Jurisprudence,” edited by Peixoto Murata, Rabanos, & Rodriguez-Blanco The Legal Theory Bookworm recommends Bernard Williams on Law and Jurisprudence: From Agency and Responsibility to Methodology, edited by Daniel Peixoto Murata, Julieta A Rabanos, & Veronica Rodriguez-Blanco. Here is a description: This book is the first collection of essays on Bernard Williams' moral and political philosophy to shed light on the nature of law, and key legal concepts.

Legal Theory Bookworm: “Bernard Williams on Law and Jurisprudence,” edited by Peixoto Murata, Rabanos, & Rodriguez-Blanco

The Legal Theory Bookworm recommends Bernard Williams on Law and Jurisprudence: From Agency and Responsibility to Methodology, edited by Daniel Peixoto Murata, Julieta A…

Download of the Week: “Legal Internalism” by Balganesh & Zhang The Download of the Week is Legal Internalism: A Behavioral Theory by Shyamkrishna Balganesh & Taisu Zhang. Here is the abstract: This Article argues that legal systems, regardless of socioeconomic, political, cultural, or ideological context, naturally drift towards jurisprudential internalism. We define “legal internalism” as a behavioral paradigm in which legal actors treat legal rules as normative, epistemologically self-contained, and systemically coherent.

Download of the Week: “Legal Internalism” by Balganesh & Zhang

The Download of the Week is Legal Internalism: A Behavioral Theory by Shyamkrishna Balganesh & Taisu Zhang. Here is the abstract: This Article argues that legal systems, regardless of socioeconomic, political, cultural, or ideological…

Yip on Terrorism Double Standards Ka Lok Yip (Hamad Bin Khalifa University) has posted Gazing into Terror – A Phenomenological Investigation into the Double Standards on ‘Terrorism’ in International Law on SSRN. Here is the abstract: This article investigates the experience of 'double standards' on 'terrorism' in international law phenomenologically by analysing the structure of this experience. It describes, from the first-person perspective of an international lawyer applying two 'terrorism' suppression conventions, how the legal characterisations of some entities or actions, but not others, as 'terrorist' appear to involve the phenomenon of double standards.

Yip on Terrorism Double Standards

Ka Lok Yip (Hamad Bin Khalifa University) has posted Gazing into Terror – A Phenomenological Investigation into the Double Standards on ‘Terrorism’ in International Law on SSRN. Here is the abstract: This article investigates the experience of 'double standards'…

McJunkin on Reckless Accomplices Ben A. McJunkin (Arizona State University (ASU) - Sandra Day O'Connor College of Law) has posted Reckless Accomplices on SSRN. Here is the abstract: In recent years, criminal prosecutors have pursued homicide charges against the parents of teenaged school shooters. Two high-profile cases—one from Michigan and one from Georgia—provide paradigmatic examples. In each case, the parents provided their children with weapons and ammunition despite obvious signs of their children’s dangerousness and instability.

McJunkin on Reckless Accomplices

Ben A. McJunkin (Arizona State University (ASU) - Sandra Day O'Connor College of Law) has posted Reckless Accomplices on SSRN. Here is the abstract: In recent years, criminal prosecutors have pursued homicide charges against the parents of teenaged school shooters.…

What is (Real) Law?

Baby don't hurt me, don't hurt me, no more

Latest from @christianturner.bsky.social, "Deeply interesting and sophisticated. Highly recommended. Download it while it’s hot!"

Thanks so much to @lsolum.bsky.social for the kind words. I only hope some journal editors agree! I've made an audio version of the paper available here: www.hydratext.com/blog/2026/2/... — and a critical faculty workshop made with my app enTalkenator here: entalkenator.com/podcast/arti...

Moreau on Structural Injustice

(strukturelle Diskriminierung)

Be Careful What You Wish For: How Conservative Groups Learned from Liberal Cause Lawyers - Legal Profession Ann Southworth, Conservative Legal Advocacy: Organizations and Constitutional Change in the Roberts Court, 93 Fordham L. Rev. 1239 (2025).Rebecca RoipheMany scholars have written about the role of…

Jotwell:

Johnston on Balancing Mitchell Johnston (Boston College - Law School; Yale University, Law School) has posted A (Partial) Defense of Balancing on SSRN. Here is the abstract: Balancing tests the bête noire of those committed to a rules-based jurisprudence. Because comparisons between factors are impossible, critics allege that balancing “tests” are ultimately a fig leaf for the judge’s preferences. Justice Scalia famously was a critic of balancing for, in part, this reason and, therefore, it is no wonder that the current Supreme Court is keen to suggest that it is abandoning balancing as fast as it can.

Johnston on Balancing

Mitchell Johnston (Boston College - Law School; Yale University, Law School) has posted A (Partial) Defense of Balancing on SSRN. Here is the abstract: Balancing tests the bête noire of those committed to a rules-based jurisprudence. Because comparisons between factors are…

Cannan on the King of the Treatise Writers John Cannan, Villanova University Charles Widger School of Law , on Joel Bishop's Reign as King of the Treatise Writers and What it Means fo...

Cannan on the King of the Treatise Writers legalhistoryblog.blogspot.com/2026/03/cann...

Kolber on Provisional Sentencing before Trial Adam J. Kolber (Brooklyn Law School) has posted Wonderland Sentencing: Therapeutic Perspectives on Pretrial Provisional Sentences (Virginia Law Review (forthcoming, 2026)) on SSRN. Here is the abstract: In Alice’s Adventures in Wonderland, the Knave of Hearts is accused of stealing tarts. The Queen of Hearts insists that they should “sentence first” and hear the verdict afterwards. Alice derides “[t]he idea of having the sentence first!” because, of course, nothing would be more absurd.

Kolber on Provisional Sentencing before Trial

Adam J. Kolber (Brooklyn Law School) has posted Wonderland Sentencing: Therapeutic Perspectives on Pretrial Provisional Sentences (Virginia Law Review (forthcoming, 2026)) on SSRN. Here is the abstract: In Alice’s Adventures in Wonderland, the Knave of…

Mugamba on Genealogical Culpability Elemegious Mugamba (Autonomous University of Barcelona; University of London) has posted The Jurisprudence of 'Hereditary Suspects': Deconstructing the Shift from Jus Soli to Genealogical Culpability on SSRN. Here is the abstract: This article interrogates the emerging U.S. administrative jurisprudence of the "Hereditary Suspect", a legal subject whose citizenship is rendered provisional through the weaponisation of genealogical origin. Deconstructing the executive shift from jus soli (territorial birthright) to a "cultural determinism" that views the descendants of "failed states" as carriers of intergenerational pathology, the research argues this constitutes a violation of the Fourteenth Amendment's anti-caste principle.

Mugamba on Genealogical Culpability

Elemegious Mugamba (Autonomous University of Barcelona; University of London) has posted The Jurisprudence of 'Hereditary Suspects': Deconstructing the Shift from Jus Soli to Genealogical Culpability on SSRN. Here is the abstract: This article interrogates the…

Armendariz on AI Hallucinations Matt Armendariz has posted Ungrounded Divergence: A Philosophical Framework for Understanding AI Hallucination on SSRN. Here is the abstract: This paper argues that what the AI field calls “hallucination” in large language models is better understood through Kripke’s rule-following paradox. LLMs learn from finite training data and extrapolate to novel inputs. This is structurally identical to the problem Kripke identified in Wittgenstein on Rules and Private Language: any finite set of examples is compatible with multiple rules, and nothing in the data alone determines which rule the learner has internalized.

Armendariz on AI Hallucinations

Matt Armendariz has posted Ungrounded Divergence: A Philosophical Framework for Understanding AI Hallucination on SSRN. Here is the abstract: This paper argues that what the AI field calls “hallucination” in large language models is better understood through…

Leshem on Ships as Legal Persons Ela A. Leshem (Fordham University School of Law) has posted Normative Transplants: The Case of Ships as Legal Persons (Forthcoming in Legal Personhood in Private Law (Paul B. Miller, Christopher Essert & Eva Micheler eds., Cambridge University Press 2026)) on SSRN. Here is the abstract: What does the legal personhood of ships contribute to theories of legal persons? Ships became legal persons in U.S.

Leshem on Ships as Legal Persons

Ela A. Leshem (Fordham University School of Law) has posted Normative Transplants: The Case of Ships as Legal Persons (Forthcoming in Legal Personhood in Private Law (Paul B. Miller, Christopher Essert & Eva Micheler eds., Cambridge University Press 2026)) on SSRN.…

Litman on the Passive Vices Leah Litman (University of Michigan Law School) has posted The Passive Vices (115 Georgetown Law Journal (forthcoming)) on SSRN. Here is the abstract: Alexander Bickel celebrated the Supreme Court's mechanisms for deciding not to decide a matter as the Court's "passive virtues." Using case studies on the modern Court's decisions not to decide matters during the second Trump administration, this Article revisits Bickel's influential work and develops an account of the "passive vices." The passive vices are occasions where passivity carries significant costs that Bickel either overlooked or undervalued.

Litman on the Passive Vices

Leah Litman (University of Michigan Law School) has posted The Passive Vices (115 Georgetown Law Journal (forthcoming)) on SSRN. Here is the abstract: Alexander Bickel celebrated the Supreme Court's mechanisms for deciding not to decide a matter as the Court's "passive…

Moreau on Structural Injustice Sophia Moreau (New York University School of Law) has posted A Fully Systemic Approach to Structural Injustices on SSRN. Here is the abstract: This paper argues for the importance of a system-wide and diachronic approach to structural injustices, using as a case study the position of Indigenous women in Canada. I explain what a fully systemic approach involves, and I argue that such an approach can result in a more complete picture of the vulnerable social positions occupied by marginalized groups across different contexts, as well as a more precise understanding of the reinforcement mechanisms through which these vulnerabilities subtly and often invisibly reinforce each other.

Moreau on Structural Injustice

Sophia Moreau (New York University School of Law) has posted A Fully Systemic Approach to Structural Injustices on SSRN. Here is the abstract: This paper argues for the importance of a system-wide and diachronic approach to structural injustices, using as a case…