Adam Perry (University of Oxford - Faculty of Law) has posted Pardons (Oxford Studies in Political Philosophy (Forthcoming in Vol. 8)) on SSRN. Here is the abstract: Pardon
powers are common but difficult to justify. A pardon power is, roughly, a power that is (a) possessed by a non-judicial official, (b) used to cancel legal liability [...]
Zina Makar (Georgetown University Law Center) has posted Detention, Disenfranchisement, and Doctrinal Integration on SSRN. Here is the abstract: On any given day, over 750,000
individuals are incarcerated in jails, many of whom are eligible voters. The majority of state and local governments do not affirmatively provide incarcerated voters [...]
Assaf Likhovski (Tel Aviv University - Buchmann Faculty of Law) has posted The Rise and Demise of Constitutional Duties in Israel (Forthcoming in the American Journal of Legal
History published by Oxford University Press) on SSRN. Here is the abstract: In many constitutions, constitutional duties appear alongside constitutional rights. [...]
Benjamin Douglas has posted Antisocial Justice: Pathologies of the Standing Doctrine (Charleston Law Review (Forthcoming)) on SSRN. Here is the abstract: The standing doctrine
envisions an ideal plaintiff who cares about the individual rather than the collective, concrete interests rather than social values, and the short-term rather than [...]
Llezlie Green (American University - Washington College of Law) has posted Outsourcing Discrimination (Harvard Civil Rights- Civil Liberties Law Review (CR-CL), Vol. 55, No.
3, 2020) on SSRN. Here is the abstract: The significant growth in employers’ use of labor intermediaries—that is, third parties that stand between the workers [...]
Zina Makar (Georgetown University Law Center) has posted Unnecessary Incarceration (Oregon Law Review, Vol. 98, No. 607, 2020) on SSRN. Here is the abstract: Every pretrial
detainee is presumed innocent. Despite this presumption, an individual accused of a crime may be detained prior to trial. [...]
Dan Priel (York University - Osgoode Hall Law School) has posted COVID-19: Cost-Benefit Analysis and Politics (56 Osgoode Hall L.J. (2020/21)) on SSRN. Here is the abstract:
The COVID-19 pandemic forced governments around the world to make tough political decisions about the cost of saving lives and the limits of doing so. [...]
Richard Ashby Wilson (University of Connecticut School of Law; Department of Anthropology, University of Connecticut) has posted Justice after Atrocity (The Oxford Handbook
of Law and Anthropology, Edited by Marie-Claire Foblets, Mark Goodale, Maria Sapignoli, and Olaf Zenker, 2020) on SSRN. Here is the abstract: Anthropologists have [...]
Introduction Sometimes a case is referred to as "canonical." It is one of the cases that is clearly correct. Brown v. Board is frequently cited as a canonical case. Other
times, the opposite point is made: a case is call "anti-canonical." It is clearly wrong. An example is Lochner v. [...]
The Legal Theory Bookworm recommends Systemic Corruption: Constitutional Ideas for an Anti-Oligarchic Republic by Camila Vergara. Here is a description: This provocative
book reveals how the majority of modern liberal democracies have become increasingly oligarchic, suffering from a form of structural political decay first conceptualized [...]
