Craig S. Lerner (George Mason University - Antonin Scalia Law School, Faculty) has posted Justice Scalia's Eighth Amendment Jurisprudence: The Failure of Sake-of-Argument
Originalism (Harvard Journal of Law and Public Policy, Vol. 42, No. 1, 2019) on SSRN. Here is the abstract: How is an originalist judge in the common law tradition [...]
Dawn E. Johnsen (Indiana University Maurer School of Law) has posted Windsor, Shelby County, and the Demise of Originalism: A Personal Account (Indiana Law Journal, Vol. 89,
No. 3, 2014) on SSRN. Here is the abstract: By the final day of the Supreme Court’s 2012–2013 Term, when the Court issued decisions in challenges to two laws [...]
Jeffrey M. Schmitt (University of Dayton - School of Law) has posted Limiting the Property Clause on SSRN. Here is the abstract: The Supreme Court has repeatedly held that
the Property Clause of the Constitution grants Congress the power to regulate the public lands “without limitation.” This Article argues that the Court’s interpretation [...]
Simon Stern (University of Toronto - Faculty of Law) has posted Literary Analysis of Law: Reorienting the Connections Between Law and Literature (5:2 Critical Analysis of Law
1 (2018)) on SSRN. Here is the abstract: This special issue of Critical Analysis of Law, devoted to new work in law and literature, features articles that dispense [...]
Daniel B. Rodriguez (Northwestern University - Pritzker School of Law) & Barry R. Weingast (Stanford University, Department of Political Science) have posted Engineering
the Modern Administrative State, Part I: Political Accommodation and Legal Strategy in the New Deal Era on SSRN. Here is the abstract: Administrative constitutionalism [...]
Frederick Schauer (University of Virginia School of Law) has posted One Small Step Towards a Metatheory of Evidence and Proof (International Journal of Evidence and Proof,
vol 23 (January 2019)) on SSRN. Here is the abstract: In recent years, some scholars of evidence and proof, Ronald Allen and Michael Pardo among them, have maintained [...]
Seth Barrett Tillman (National University of Ireland, Maynooth (NUI Maynooth) - Faculty of Law) has posted Understanding the Jefferson Diplomatic Gifts: A Response to Dr.
Andrew Fagal on SSRN. Here is the abstract: This paper is a response to Andrew Fagal, Thomas Jefferson and the Arabian Stallion: A Research Note on the Third President [...]
Introduction Early in the first year of law school, students are likely to realize that facts are crucially important. But the law school curriculum is designed so as to
make the process of legal factfinding almost invisible. The traditional first year courses focus on appellate cases and legal norms. The facts are givens. The [...]
The Legal Theory Bookworm recommendsDimensions of Normativity: New Essays on Metaethics and Jurisprudence, edited by by David Plunkett, Scott J. Shapiro, & Kevin Toh. Here
is a description: Understood one way, the branch of contemporary philosophical ethics that goes by the label "metaethics" concerns certain second-order questions [...]
Curtis Bradley (Duke University School of Law) & Neil Siegel (Duke University School of Law) have posted Historical Gloss, Madisonian Liquidation, and the Originalism Debate
on SSRN. Here is the abstract: The U.S. Constitution is old, relatively brief, and very difficult to amend. [...]
