David Enoch (Hebrew University - The Philosophy Department and the Law School) has posted Playing the Hand You're Dealt: How Moral Luck Is Different from Morally Significant
Plain Luck (And Probably Doesn’t Exist) on SSRN. Here is the abstract: What you ought to do is sensitive to circumstances that are not under your control, or [...]
Introduction Today's Legal theory Lexicon is about the "reasonable person." The notion of a "reasonable person" usually makes its first appearance in the Torts course. The
context, of course, is the tort of negligence, where the "reasonable person" is used to define the standard of care that triggers liability for unintentional harms. [...]
Tara Leigh Grove (William & Mary Law School) has posted The Supreme Court's Legitimacy Dilemma (124 Harv. L. Rev. ___ (forthcoming 2019) on SSRN. Here is the abstract: The
past few years have not been good for the Supreme Court. In the wake of divisive confirmation battles, there are cries that the Court is no longer a “legitimate” [...]
The Legal Theory Bookworm recommends The Right to Do Wrong: Morality and the Limits of Law by Mark Osiel. Here is a description: Common morality―in the form of shame,
outrage, and stigma―has always been society’s first line of defense against ethical transgressions. [...]
The Download of the Week is Ethics and Public Health of Driverless Vehicle Collision Programming by Samantha Godwin. Here is the abstract: Driverless vehicles present
a core ethical dilemma: there is a public health necessity and moral imperative to encourage the widespread adoption of driverless vehicles once they become demonstrably [...]
Julian Velasco (Notre Dame Law School) has posted Fiduciary Principles in Corporate Law (Evan J. Criddle, Paul B. Miller, and Robert H. Sitkoff, eds., THE OXFORD HANDBOOK
OF FIDUCIARY LAW (New York: Oxford University Press, 2018)) on SSRN. Here is the abstract: This chapter examines fiduciary duty in corporate law. [...]
Ori Sharon (Duke University, School of Law) has posted Fields of Dreams: An Economic Democracy Framework for Addressing NIMBYism (Environmental Law Reporter, Vol. 49, No.
3, 2019) on SSRN. Here is the abstract: Local opposition to the development of socially desirable facilities is one of the most important policy challenges in the [...]
Louis Kaplow (Harvard Law School; National Bureau of Economic Research (NBER)) has posted Balancing Versus Structured Decision Procedures: Antitrust, Title VII Disparate Impact,
and Constitutional Law Strict Scrutiny (Forthcoming, University of Pennsylvania Law Review, Vol. [...]
Samantha Godwin (Yale University - Law School) has posted Ethics and Public Health of Driverless Vehicle Collision Programming (86 Tenn. L. Rev. 135 (2018)) on SSRN. Here
is the abstract: Driverless vehicles present a core ethical dilemma: there is a public health necessity and moral imperative to encourage the widespread adoption [...]
Papers Being Accepted for the Thirteenth Amendment and Racial Justice ConferenceWednesday, April 10, 2019Chicago-Kent College of Law at Illinois Institute of Technology is
hosting the Thirteenth Amendment and Racial Justice Conference on November 9–10, 2019. [...]
