"All the theory that fits." Gopal Sreenisavan (Duke University) has posted Rights in Rem and the Multital Ménagerie (Singapore Journal of Legal Studies, Sep 2024, pp 361–376) on SSRN. Here is the abstract: Unlike rights in personam, which are held against a limited number of people (paradigmatically, one), rights in rem are held against everyone else in the world.

Oct 24, 2024 · Youngjae Lee (Fordham University School of Law) has posted Proportionalities (Notre Dame Law Review Reflection, Volume 99, Pp. 191-228) on SSRN. Here is the abstract: "Proportionality" is ubiquitous. The idea that punishment should be proportional to crime is familiar in criminal law and has a lengthy history.

Jan 18, 2025 · The Download of the Week is The Supreme Court’s Crisis of Authority: Law, Politics, and the Judiciary Act of 1925 by Robert Post. Here is the abstract: This paper is written for a forthcoming symposium on the Judiciary Act of …

2 days ago · Richard J. Pierce (George Washington University Law School) has posted To Predict the Post-Chevron World, You Must Understand the Pre-Chevron World and Then Add Extreme Political Polarity on SSRN. Here is the abstract: In this contribution to a symposium on the Supreme Court’s opinion in Loper Bright Enterprises v.

Jan 22, 2025 · Jeffrey A. Van Detta (Atlanta's John Marshall Law School) has posted Heresies, Heretics, and Hermeneutics: The Battle of Textualism Against Pragmatism-And Itself-On the Roberts Court on SSRN. Here is the abstract: This article examines the ongoing contest between textualism and pragmatism in statutory interpretation on the Roberts Court, focusing on the fissures within textualist methodology ...

Jan 25, 2025 · Ratna Kapur (School of Law) has posted On Violence, Revolution and the Self (Postcolonial Studies, volume 24, issue 2) on SSRN. Here is the abstract: This article examines the integral relationship between epistemic violence and power, specifically at the level of the conception of the individual subject in law.

Jan 17, 2025 · Brian Highsmith (Harvard University - Harvard Law School; Harvard University, Department of Government ; Arthur Liman Center for Public Interest Law) has posted Governing the Company Town (77 Stan. L. Rev. (forthcoming 2025)) on SSRN. Here is the abstract: This Article explores the forms of public ...

Jan 15, 2025 · Lawrence B. Solum (University of Virginia School of Law) & Randy E. Barnett (Georgetown University Law Center) have posted Originalism and the Party Presentation Principle on SSRN. Here is the abstract: The Supreme Court sometimes adheres to what it calls the “party presentation principle ...

Jan 24, 2025 · James Macleod (Columbia University - Law School) has posted Standard Textualism on SSRN. Here is the abstract: For as long as legal scholars have been writing about the rules-versus-standards distinction, textualism has been presumed to …

Jan 16, 2025 · Seth Barrett Tillman (National University of Ireland, Maynooth (NUI Maynooth) - Faculty of Law) has posted Misconstruing the Electoral Count Act: A Response to Evan A. Davis and David M. Schulte on SSRN. Here is the abstract: The core of Evan Davis and David Schulte’s position is that president-elect Trump is barred by Section 3 of the Fourteenth Amendment from becoming President.—Or, to ...