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 ...

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 ...

The Legal Theory Bookworm recommends Defending Due Process: Why Fairness Matters in a Polarized World by Brandon L. Garrett. Here is a description: We all feel unfairness deeply when treated in rash ...

Andrew Ingram (University of Texas at Austin - Department of Philosophy) has posted The Janus Face of Criminal Law on SSRN. Here is the abstract: Criminal law has two faces: a mundane one that opposes ...

Paulo Carvao (Harvard University - Harvard Kennedy School (HKS)), Slavina Ancheva (Harvard University - Harvard Kennedy School (HKS)), Yam Atir (Harvard University - Harvard Kennedy School (HKS)), ...

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 ...

Yehonatan Givati (Hebrew University of Jerusalem - Faculty of Law) & aharon garber have posted Juristocracy in the Court of Public Opinion (American Law and Economics Review, Forthcoming) on SSRN.

Erin Ryan (Florida State University, College of Law) has posted The Four Horsemen of the New Separation of Powers: The Environmental Law Implications of West Virginia, Sackett, Loper Bright, and ...

Abbe R. Gluck (Yale University - Law School) & Laila Robbins have posted THE ENDURING RELEVANCE OF CONGRESS DESPITE THE COURT’S SHIFT TO “ORDINARY READER” STATUTORY INTERPRETATION (32 Journal of Law & ...

Jake Mazeitis has posted The Duty to Ask: Embracing the Gubernatorial Advisory Power (59 Ga. L. Rev. ___ (2025 forthcoming)) on SSRN. Here is the abstract: Establishing new state constitutional rights ...

Rachel E. Barkow (New York University School of Law) has posted OF TWO MINDS: THE SUPREME COURT'S DIVERGENT APPROACH TO CONSTITUTIONAL MENS REA on SSRN. Here is the abstract: Constitutional law is ...

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 ...