Legal Theory Blog
Farah Peterson (University of Chicago Law School) has posted The Fourteenth Amendment and the Vénus Noire (66 William & Mary Law Review 191 (2024)) on SSRN. Here is the abstract: This Essay reflects on art to make two points. It first argues that originalism is not a promising path for progressive causes. It then argues that as the Constitution...
Christine Kexel Chabot (Marquette University - Law School) has posted The Power of the Purse and the Constitution's Missing Text on SSRN. Here is the abstract: Congress’s power of the purse has become a new focal point in high-profile separation-of-powers disputes. In Consumer Financial Protection Bureau v. Community Financial Services Ass’n, the Supreme...
Harold Anthony Lloyd (Wake Forest University School of Law) has posted Recasting Canons of Construction Into “Canonical” Queries: Canons and Queries Of Meaning, Spirit, Letter, and Text on SSRN. Here is the abstract: This article builds upon my two prior articles addressing deficiencies in the canons of construction and the need to convert such canons...
Emmie Hine (Yale University - Digital Ethics Center; University of Bologna- Department of Legal Studies; KU Leuven - Centre for IT & IP Law (CiTiP)), David Wong (University of Oxford - Oxford Internet Institute), & Luciano Floridi (Yale University - Digital Ethics Center; University of Bologna- Department of Legal Studies) have posted The Impact...
Hans H. B. Vedder (University of Groningen - Faculty of Law) & Jan H. Jans (University of Groningen - Department of Administrative Law and Public Administration, Faculty of Law) have posted European Environmental Law on SSRN. Here is the abstract: This book describes and analyses the environmental law of the European Union and the European Union...
Michael S. McGinniss (University of North Dakota - School of Law) has posted Declaring Independence to Secure Integrity: The Supreme Court Justices' Code of Conduct (Federalist Society Review, Volume 25, pp. 272-302 (2024)) on SSRN. Here is the abstract: In late 2023, the nine current members of the U.S. Supreme Court adopted the Code of Conduct for...
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