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 ...

M. Burke Craighead (Harvard University - Harvard Law School) has posted Note, The Paradox of Precedent About Precedent (Harvard Law Review, Volume 138, No. 3, p. 797, 2025) on SSRN. Here is the ...

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 ...

The Legal Theory Bookworm recommends Defending Due Process: Why Fairness Matters in a Polarized World by Brandon L. Garrett. Here is a description: We all feel unfairness deeply when treated in rash ...

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 ...

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 ...

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 ...

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 ...

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 ...