Feb 1, 2025 · Debadatta Bose (University of California, Berkeley - School of Law) has posted The Tort of Irresponsible Contracting: Supply Chain Liability Explained Through Begum v Maran (Forthcoming in Cambridge Handbook on Law and Responsible Business (Cambridge University Press, 2025)) on SSRN. Here is the abstract: This book chapter challenges the notion that business decisions are isolated from human ...

Jan 17, 2025 · Retributive Justice and the Demands of Democratic Citizenship by Dan Markel; Interpretive Modesty by Heidi Kitrosser; The Constitution of Authority by Michael Sevel

Jan 15, 2025 · Lawrence B. Solum (University of Virginia School of Law) & Randy E. Barnett (Georgetown University Law Center) have posted Originalism and the Party Presentation Principle on SSRN. Here is the abstract: The Supreme Court sometimes adheres to what it calls the “party presentation principle ...

Aug 30, 2024 · Daniel Gilligan (Trinity College (Dublin)) has posted Damages and the "Essence" of False Imprisonment (Legal Studies (2024, forthcoming)) on SSRN. Here is the abstract: GE v Commissioner of An Garda Síochána, Ireland’s Supreme Court …

Jan 17, 2025 · Brian Highsmith (Harvard University - Harvard Law School; Harvard University, Department of Government ; Arthur Liman Center for Public Interest Law) has posted Governing the Company Town (77 Stan. L. Rev. (forthcoming 2025)) on SSRN. Here is the abstract: This Article explores the forms of public ...

Dec 9, 2024 · Justice R. Patrick DeWine (Government of the State of Ohio) has posted Ohio Constitutional Interpretation (86 Ohio State L.J. (forthcoming 2025)) on SSRN. Here is the abstract: There has been a good deal written about why state courts should independently interpret state constitutions.

Feb 4, 2025 · J. Joel Alicea (Catholic University of America (CUA) - Columbus School of Law) has posted Bruen Was Right on SSRN. Here is the abstract: New York State Rifle & Pistol Association v. Bruen is one of the most methodologically significant—and widely maligned—constitutional law decisions of the ...

Oct 24, 2024 · Youngjae Lee (Fordham University School of Law) has posted Proportionalities (Notre Dame Law Review Reflection, Volume 99, Pp. 191-228) on SSRN. Here is the abstract: "Proportionality" is ubiquitous. The idea that punishment should be proportional to crime is familiar in criminal law and has a lengthy history.

4 days ago · Owen Smitherman has posted Grounding the Party Presentation Principle on SSRN. Here is the abstract: The party presentation principle provides that parties, not courts, define the content and scope of a judicial controversy. On the surface, the principle is important to the American adversarial ...

5 days ago · Shelley Ross Saxer (Pepperdine University - Rick J. Caruso School of Law) has posted Forfeiture Takings on SSRN. Here is the abstract: Forfeiture laws allow law enforcement to seize property that has been used or possessed in violation of legal rules, often before an owner has a chance to contest the government’s seizure in court.