Paolo Carozza (Notre Dame Law School) has posted The Problematic Applicability of Subsidiarity to International Law and Institutions (The American Journal of Jurisprudence,
(2016), pp. 1–17) on SSRN. Here is the abstract: This article seeks to explore some of the reasons why the principle of subsidiarity, although applicable in some [...]
Talia Einhorn (Tel Aviv University - Faculty of Management; Hebrew University of Jerusalem - Center for the Study of Rationality) has posted Book Review: Proportionality in
Private Law. Ed. by Franz Bauer, Ben Koehler. -Tuebingen: Mohr Siebeck 2023. XIII, 219pp. [...]
Introduction Constitutional discourse in both the academy and the public sphere has recently included quite a bit of talk about "originalism." But what about originalism's
great historic rival, "living constitutionalism?" What is living constitutionalism and how is it different from originalism? A preliminary answer to that question [...]
The Legal Theory Bookworm recommends The Collective-Action Constitution by Neil Siegel. Here is a description: The United States Constitution was established primarily
because of the widely recognized failures of its predecessor, the Articles of Confederation, to adequately address "collective-action problems" facing the states. [...]
The Download of the Week is The Lost History of 'History and Traditio by Dov Fox & Mary Ziegler. Here is the abstract: The Supreme Court has decided one blockbuster after
another by appeal to “history and tradition,” deploying this trope to remake key features of the constitutional landscape: from overturning Roe to abolishing [...]
Evan Matthew Gelobter (Southern University Law Center) has posted Defending the Peculiar Institution: The Driving Force Behind Louisiana's Secession on SSRN. Here is the abstract:
This paper explores the driving force behind Louisiana's secession, challenging the "Lost Cause" narrative which suggests that secession was primarily about states' [...]
Jani McCutcheon (The University of Western Australia Law School) has posted Are Generative AI Models Infringing Imported ‘Articles’ Under Copyright Law? on SSRN. Here
is the abstract: This article is the first to consider the novel question of whether a large artificial intelligence model could be an infringing imported article [...]
Kimberly West-Faulcon (Loyola Law School Los Angeles; University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law) has posted The
SFFA v. Harvard Trojan Horse Admissions Lawsuit (Seattle University Law Review, Vol. [...]
Robert L. Tsai (Boston University - School of Law) has posted Becoming Steve Bright (Kentucky Law Journal, Vol. 113, 2024) on SSRN. Here is the abstract: This is a "Director's
Cut" version of material that appears in condensed form in Robert L. Tsai, "Demand the Impossible: One Lawyer's Pursuit of Equal Justice for All" (Norton 2024). [...]
Lois A. Weithorn (UC Law SF) has posted The Intrusive State: Restrictions on Gender-Affirming Healthcare for Minors, Exceptions to the Doctrine of Parental Consent, and Reliance
on Science and Medical Expertise (75 UC Law Journal 713 (2024)) on SSRN. Here is the abstract: The provision of gender-affirming medical care to transgender or gender [...]
