John Ip (University of Auckland - Faculty of Law) has posted The Travel Ban, Judicial Deference, and the Legacy of Korematsu ((2020) 63 Howard Law Journal 153) on SSRN.
Here is the abstract: In Trump v. Hawaii, a 5-4 majority of the Supreme Court, adopting a highly deferential posture, upheld the third version of President Trump’s [...]
Introduction One of the most basic ideas in legal theory is the distinction between "communicative content" and "legal content." That sounds fancy, but this fundamental idea
is very simple. Legal texts of all kinds communicate; they say things. Roughly, what they say is their linguistic meaning--the meaning of the words and phrases [...]
The Legal Theory Bookworm recommends The Cycles of Constitutional Time by Jack M. Balkin What will happen to American democracy? The nation's past holds vital clues for understanding
where we are now and where we are headed. In The Cycles of Constitutional Time, the eminent constitutional theorist Jack Balkin explains how America's constitutional [...]
The "Download of the Week" is Antisubjugation and the Equal Protection of the Laws by Evan D. Bernick. Here is the abstract: This Article challenges 150 years of conventional
wisdom regarding whether the Fourteenth Amendment protects people against “private” violence and secures “positive” rights to governmental aid. [...]
Manish Oza (University of Toronto - Department of Philosophy) has posted Review of Irit Samet, Equity: Conscience Comes to Market ((2020) University of Toronto Law Journal
7(2): 216-222) on SSRN. Here is the abstract: A review of Irit Samet's Equity: Conscience Goes to Market (Oxford University Press, 2018). [...]
G. Alex Sinha (Quinnipiac University School of Law) has posted Virtuous Law-Breaking on SSRN. Here is the abstract: A rapidly growing body of scholarship embraces virtue
jurisprudence, a series of (often ad hoc) attempts to incorporate the philosophical tradition of virtue ethics into legal theory. [...]
Lawrence B. Solum (University of Virginia School of Law) & Cass R. Sunstein (Harvard Law School; Harvard University - Harvard Kennedy School (HKS)) have posted Chevron as Construction
(Cornell Law Review, Vol. 105, No. 1465, 2020) on SSRN. Here is the abstract: In 1984, the Supreme Court declared that courts should uphold agency interpretations [...]
Christopher Jon Sprigman (New York University School of Law; New York University (NYU) - Engelberg Center on Innovation Law & Policy) has posted Congress's Article III Power
and the Process of Constitutional Change (New York University Law Review, Vol. 95, No. [...]
Shima Baradaran Baughman (University of Utah - S.J. Quinney College of Law) & Megan S. Wright (The Pennsylvania State University (University Park) – Penn State Law) have
posted Prosecutors and Mass Incarceration (Southern California Law Review, Forthcoming) on SSRN. Here is the abstract: It has long been postulated that America’s [...]
Evan D. Bernick (Georgetown University Law Center) has posted Antisubjugation and the Equal Protection of the Laws on SSRN. Here is the abstract: This Article challenges
150 years of conventional wisdom regarding whether the Fourteenth Amendment protects people against “private” violence and secures “positive” rights to governmental [...]
