Recent Articles

Legal Theory at the European University Institute in Fiesole

Lawrence Solum
March 22, 2012 13:23

This week I am teaching a short intensive course on Legal Theory at the European University Institute in Fiesole (near Florence). This is surely one of the most beautiful spots to study law on the planet--making it all the more... This week I am teaching a short intensive course on Legal Theory at...

Alexander on Yoo on War Powers

Lawrence Solum
March 22, 2012 12:41

Janet Cooper Alexander (Stanford Law School) has posted John Yoo’s War Powers: The Law Review and the World (California Law Review, Forthcoming) on SSRN. Here is the abstract: John Yoo’s 1996 The Continuation of Politics by Other Means: The Original...Janet Cooper Alexander (Stanford Law School)...

Roosevelt on The Slaughterhouse Cases & Counterfactual Legal History

Lawrence Solum
March 22, 2012 11:52

Kermit Roosevelt III (University of Pennsylvania Law School) has posted What If Slaughter-House Had Been Decided Differently? (Indiana Law Review, Vol. 45, p. 61, 2011) on SSRN. Here is the abstract: In The Slaugherhouse Cases, the Supreme Court gutted the...Kermit Roosevelt III (University of...

Chesterman on Outsourcing Intelligence

Lawrence Solum
March 22, 2012 03:41

Simon Chesterman (National University of Singapore (NUS) - Faculty of Law) has posted The Turn to Outsourcing in U.S. Intelligence (Simon Chesterman, ONE NATION UNDER SURVEILLANCE: A NEW SOCIAL CONTRACT TO DEFEND FREEDOM WITHOUT SACRIFICING LIBERTY, Oxford University Press, 2011)...Simon Chesterman...

Maclin & Rader on the Demise of the Exclusionary Rule

Lawrence Solum
March 21, 2012 23:56

Tracey Maclin (Boston University - School of Law) & Jennifer Marie Rader have posted No More Chipping Away: The Roberts Court Uses an Axe to Take Out the Fourth Amendment Exclusionary Rule on SSRN. Here is the abstract: This article...Tracey Maclin (Boston University - School of Law) & Jennifer...

Bruhl & Leib on Elected Judges & Statutory Interpretation

Lawrence Solum
March 21, 2012 20:23

Aaron-Andrew P. Bruhl (University of Houston Law Center) & Ethan J. Leib (Fordham Law School) have posted Elected Judges and Statutory Interpretation (University of Chicago Law Review, Forthcoming) on SSRN. Here is the abstract: This Article considers whether differences in...Aaron-Andrew P. Bruhl...

Dubber on the Foundations of Criminal Justice in the U.S.

Lawrence Solum
March 21, 2012 15:20

Markus D. Dubber (University of Toronto - Faculty of Law) has posted Criminal Justice in America: Constitutionalization Without Foundation on SSRN. Here is the abstract: Criminal justice in America lacks foundation in three senses: historical, political, and substantive. The U.S....Markus D. Dubber...

Sylvain on Broadband Localism

Lawrence Solum
March 21, 2012 11:13

Olivier Sylvain (Fordham University School of Law) has posted Broadband Localism (Ohio State Law Journal, Vol. 73, No. 4, 2013) on SSRN. Here is the abstract: Today, local governments are supplying broadband service to residents to fill the service gap...Olivier Sylvain (Fordham University School...

Stein on Kahneman's "Thinking Fast and Slow"

Lawrence Solum
March 21, 2012 07:02

Alex Stein (Yeshiva University - Benjamin N. Cardozo School of Law) has posted Are People Probabilistically Challenged? Book Review of Thinking, Fast and Slow by Daniel Kahneman (Michigan Law Review, Vol. 111, 2013) on SSRN. Here is the abstract: Thinking,...Alex Stein (Yeshiva University -...

Kapp on Human Biological Research Materials

Lawrence Solum
March 21, 2012 03:47

Marshall B. Kapp (Florida State University, College of Law and College of Medicine) has posted Legal Approach to the Use of Human Biological Materials for Research Purposes on SSRN. Here is the abstract: Human Biological Materials (HBM) come from individuals...Marshall B. Kapp (Florida State...