One of the most powerful ideas that legal theory borrows from economics is the idea of a "public good." Sooner or later law students learn that within the framework of contemporary neoclassical ...

Carlos Chevere-Lugo (St. Mary's University Law School) has posted State Action and the Exclusionary Rule: How States Can Eliminate the Public/Private Distinction on SSRN. Here is the abstract: Why is ...

The Download of the Week is Faces of Formalism by Jeffrey A. Pojanowski. Here is the abstract: Formalist approaches to legal interpretation, such as textualism and originalism, are ascendant in ...

Kalvis Golde (Columbia Law School) has posted The Decline of Summary Reversals at the U.S. Supreme Court (Forthcoming, Columbia Law Review) on SSRN. Here is the abstract: Summary reversals have a long ...

Jake Mazeitis has posted The Duty to Ask: Embracing the Gubernatorial Advisory Power (59 Ga. L. Rev. ___ (2025 forthcoming)) on SSRN. Here is the abstract: Establishing new state constitutional rights ...

Carlos Chevere-Lugo (St. Mary's University Law School) has posted Plenary Powers in the Classroom: The Case for Territorial Law in Legal Curricula on SSRN. Here is the abstract: The Insular Cases have ...

Grégoire Webber (Queen's University - Faculty of Law; London School of Economics - Law School) has posted Modes of Collaboration in a Collaborative Constitution on SSRN. Here is the abstract: This ...

Ester Herlin-Karnell (University of Gothenburg, School of Law) has posted Privatisation and Climate Change: a Question of Duties? on SSRN. Here is the abstract: If the state outsources a ...

Andrew Ingram (University of Texas at Austin - Department of Philosophy) has posted The Janus Face of Criminal Law on SSRN. Here is the abstract: Criminal law has two faces: a mundane one that opposes ...

Jed H. Shugerman (Boston University - School of Law) has posted The Major Questions Doctrine, Post-Chevron?: Skidmore, Loper-Bright, and a Good-Faith Emergency Question Doctrine (Harvard Journal of ...

Curtis Bradley (The University of Chicago Law School) has posted Sovereign Power Constitutionalism on SSRN. Here is the abstract: The constitutional text seems to be missing a host of governmental ...

David L. Sloss (Santa Clara University - School of Law) has posted Murthy v. Missouri: Jawboning, Social Media and the First Amendment on SSRN. Here is the abstract: In Murthy v. Missouri, two states ...