Lawrence B. Solum
Lawrence Byard Solum is an American legal theorist known for his work in the philosophy of law and constitutional theory.… more
Source: Wikipedia
H-index:
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Simon on the Concept of Race in the Students for Fair Admissions Cases
David Simson (New York Law School) has posted Conceptual Gerrymandering and the Weaponization of SFFA on SSRN. Here is the abstract: This Article makes two main contributions at the intersection of Constitutional Law and…
David Simson (New York Law School) has posted Conceptual Gerrymandering and the Weaponization of SFFA on SSRN. Here is the abstract: This Article makes two main contributions at the intersection of Constitutional Law and…
Simon on the Concept of Race in the Students for Fair Admissions Cases
David Simson (New York Law School) has posted Conceptual Gerrymandering and the Weaponization of SFFA on SSRN. Here is the abstract: This Article makes two main contributions at the intersection of Constitutional Law and critical analyses of race and racial (in)equality. First, and more narrowly, the Article provides an in-depth analysis and critique of the Supreme Court’s most recent affirmative action decision in Students for Fair Admission v.
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Randall Kennedy · You must do something: John Lewis fights for freedom buff.ly/JTvXarx
Randall Kennedy · You must do something: John Lewis fights for freedom
John Lewis and his peers wanted ‘Freedom Now!’ – freedom from the limitations imposed on their parents and freedom...
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Wadhia on Deference, Immigration, and Loper Bright
Shoba Sivaprasad Wadhia (Pennsylvania State University - Penn State Dickinson Law) has posted Deference in Immigration after Loper Bright on SSRN. Here is the abstract: In Loper Bright Enterprises v. Raimondo Security of Commerce, ET AL. (Loper…
Shoba Sivaprasad Wadhia (Pennsylvania State University - Penn State Dickinson Law) has posted Deference in Immigration after Loper Bright on SSRN. Here is the abstract: In Loper Bright Enterprises v. Raimondo Security of Commerce, ET AL. (Loper…
Wadhia on Deference, Immigration, and Loper Bright
Shoba Sivaprasad Wadhia (Pennsylvania State University - Penn State Dickinson Law) has posted Deference in Immigration after Loper Bright on SSRN. Here is the abstract: In Loper Bright Enterprises v. Raimondo Security of Commerce, ET AL. (Loper Bright), the Supreme Court held that the "Administrative Procedure Act requires courts to exercise their independent judgment in deciding whether an agency has acted within its statutory authority, and courts may not defer to an agency interpretation of law simply because a statute is ambiguous." The Court also explicitly overruled the "watershed" decision of Chevron U.S.A.
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Bamberger & Corren on Privacy and Competition
Kenneth A. Bamberger (University of California, Berkeley - School of Law) & Ella Corren (Bar-Ilan University - Faculty of Law) have posted Untangling Privacy and Competition (Forthcoming, Iowa Law Review, Volume 111 (2026)) on SSRN. Here is the…
Kenneth A. Bamberger (University of California, Berkeley - School of Law) & Ella Corren (Bar-Ilan University - Faculty of Law) have posted Untangling Privacy and Competition (Forthcoming, Iowa Law Review, Volume 111 (2026)) on SSRN. Here is the…
Bamberger & Corren on Privacy and Competition
Kenneth A. Bamberger (University of California, Berkeley - School of Law) & Ella Corren (Bar-Ilan University - Faculty of Law) have posted Untangling Privacy and Competition (Forthcoming, Iowa Law Review, Volume 111 (2026)) on SSRN. Here is the abstract: This Article argues that competition law, contrary to the hopes of policymakers and scholars that it offers a powerful tool to combat privacy harms, operates as an anti-privacy framework.
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Andrias on Plutocracy and Constitutional Labor Rights
Kate Andrias (Columbia University - Law School) has posted The Contested Constitution: Plutocrats, Right-Wing Populists, and Labor Rights in the U.S. (Rivista Di Diritti Comparati, 2025) on SSRN. Here is the abstract: Constitutional labor…
Kate Andrias (Columbia University - Law School) has posted The Contested Constitution: Plutocrats, Right-Wing Populists, and Labor Rights in the U.S. (Rivista Di Diritti Comparati, 2025) on SSRN. Here is the abstract: Constitutional labor…
Andrias on Plutocracy and Constitutional Labor Rights
Kate Andrias (Columbia University - Law School) has posted The Contested Constitution: Plutocrats, Right-Wing Populists, and Labor Rights in the U.S. (Rivista Di Diritti Comparati, 2025) on SSRN. Here is the abstract: Constitutional labor rights have long been negligible in the United States. Now, with the ascendance of Donald Trump’s right-wing authoritarianism, even statutory labor rights are under threat. Yet there is an apparent paradox: While the Trump Administration seeks to declare the NLRB unconstitutional and has decimated federal workers’ rights, Trump’s “Make America Great Again” (MAGA) movement rose to power in part by invoking the plight of the American worker.
legaltheoryblog.com
Krištofík on AI Bias
Andrej Krištofík (Masaryk University) has posted Bias in AI (Supported) Decision Making: Old Problems, New Technologies on SSRN. Here is the abstract: Recently different regulations and recommendations for the use of AI-based technology, especially in the judiciary, have…
Andrej Krištofík (Masaryk University) has posted Bias in AI (Supported) Decision Making: Old Problems, New Technologies on SSRN. Here is the abstract: Recently different regulations and recommendations for the use of AI-based technology, especially in the judiciary, have…
Krištofík on AI Bias
Andrej Krištofík (Masaryk University) has posted Bias in AI (Supported) Decision Making: Old Problems, New Technologies on SSRN. Here is the abstract: Recently different regulations and recommendations for the use of AI-based technology, especially in the judiciary, have become more prevalent. One major concern is addressing bias in such systems. In 2016, ProPublica published a damning report on the use of AI-based technology in making decisions about people’s rights and obligations, revealing that such systems tend to replicate and amplify existing biases.
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Krištofík on Indeterminacy of Legal Language and AI
Andrej Krištofík (Masaryk University) has posted Indeterminacy of Legal Language as a Guide Towards Ideally Algorithmisable Areas of Law (Law, Technology and Humans, volume 6, issue 2, 2024) on SSRN. Here is the abstract: This article delves into…
Andrej Krištofík (Masaryk University) has posted Indeterminacy of Legal Language as a Guide Towards Ideally Algorithmisable Areas of Law (Law, Technology and Humans, volume 6, issue 2, 2024) on SSRN. Here is the abstract: This article delves into…
Krištofík on Indeterminacy of Legal Language and AI
Andrej Krištofík (Masaryk University) has posted Indeterminacy of Legal Language as a Guide Towards Ideally Algorithmisable Areas of Law (Law, Technology and Humans, volume 6, issue 2, 2024) on SSRN. Here is the abstract: This article delves into the relationship between language in law and the automation of legal decision-making processes. The conflict arises between the indeterminate language of the law and the necessary precision ofalgorithmic language, where the first needs to be translated into the other during the process of automation.
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Katz on Justice Russell Brown
Larissa M. Katz (University of Toronto - Faculty of Law) & Preston Jordan Lim (Villanova University - Charles Widger School of Law) have posted Justice Russell Brown's Rule of Law Thought on SSRN. Here is the abstract: Justice Russell Brown approached private and…
Larissa M. Katz (University of Toronto - Faculty of Law) & Preston Jordan Lim (Villanova University - Charles Widger School of Law) have posted Justice Russell Brown's Rule of Law Thought on SSRN. Here is the abstract: Justice Russell Brown approached private and…
Katz on Justice Russell Brown
Larissa M. Katz (University of Toronto - Faculty of Law) & Preston Jordan Lim (Villanova University - Charles Widger School of Law) have posted Justice Russell Brown's Rule of Law Thought on SSRN. Here is the abstract: Justice Russell Brown approached private and public law issues through a uniform philosophical framework. This framework is a modern offshoot of what legal historian Richard Risk identified as the "rule of law thought" characteristic of British and Canadian jurists in the late 19th and early 20th centuries.
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Yoo on an Instrumental Case for Originalism
John Yoo (University of California at Berkeley School of Law; The University of Texas at Austin, TX, USA; American Enterprise Institute) has posted Rational Judicial Review: Constitutions as Power-sharing Agreements, Secession, and the Problem of Dred…
John Yoo (University of California at Berkeley School of Law; The University of Texas at Austin, TX, USA; American Enterprise Institute) has posted Rational Judicial Review: Constitutions as Power-sharing Agreements, Secession, and the Problem of Dred…
Yoo on an Instrumental Case for Originalism
John Yoo (University of California at Berkeley School of Law; The University of Texas at Austin, TX, USA; American Enterprise Institute) has posted Rational Judicial Review: Constitutions as Power-sharing Agreements, Secession, and the Problem of Dred Scott on SSRN. Here is the abstract: Scholars have engaged in a sharp argument over whether the judiciary should follow the original understanding in interpreting the Constitution.
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by Lawrence B. Solum — Reposted by Lawrence B. Solum
Coan on Executive Defiance of Court Orders
Andrew Coan (University of Arizona, James E. Rogers College of Law) has posted The Appellate Void (111 Cornell Law Review __ (forthcoming 2026)) on SSRN. Here is the abstract: What would it actually look like for the executive branch to defy a court…
Andrew Coan (University of Arizona, James E. Rogers College of Law) has posted The Appellate Void (111 Cornell Law Review __ (forthcoming 2026)) on SSRN. Here is the abstract: What would it actually look like for the executive branch to defy a court…
Coan on Executive Defiance of Court Orders
Andrew Coan (University of Arizona, James E. Rogers College of Law) has posted The Appellate Void (111 Cornell Law Review __ (forthcoming 2026)) on SSRN. Here is the abstract: What would it actually look like for the executive branch to defy a court order? The standard picture involves a dramatic confrontation between the President and the Supreme Court. But recent events suggest a more mundane possibility that has been largely overlooked: After an adverse ruling, the government might simply ignore the district court’s order and refuse to appeal.
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Law and Politics Book Review: THE SUPREME COURT AND THE PHILOSOPHER: HOW JOHN STUART MILL SHAPED U.S. FREE SPEECH PROTECTIONS
THE SUPREME COURT AND THE PHILOSOPHER: HOW JOHN STUART MILL SHAPED U.S. FREE SPEECH PROTECTIONS
Vol. 35 No. 02 (October 2025) pp. 20-24 THE SUPREME COURT AND THE PHILOSOPHER: HOW JOHN STUART MILL SHAPED U.S. FREE SPEECH PROTECTIONS, ...
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Asuri on Jurisdiction Stripping and Non-Article III Courts
Hari Asuri (Columbia Law School) has posted Asymmetric Divestment: The Discord between Jurisdiction Stripping and Non-Article III Adjudication on SSRN. Here is the abstract: Article III of the Constitution allows Congress to invest federal…
Hari Asuri (Columbia Law School) has posted Asymmetric Divestment: The Discord between Jurisdiction Stripping and Non-Article III Adjudication on SSRN. Here is the abstract: Article III of the Constitution allows Congress to invest federal…
Asuri on Jurisdiction Stripping and Non-Article III Courts
Hari Asuri (Columbia Law School) has posted Asymmetric Divestment: The Discord between Jurisdiction Stripping and Non-Article III Adjudication on SSRN. Here is the abstract: Article III of the Constitution allows Congress to invest federal courts with jurisdiction to hear cases and controversies. This includes the jurisdiction of the lower federal courts, as well as the appellate jurisdiction of the Supreme Court.
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Werner on the ECJ, EU Law, and National Law
Swen Werner (My Digital Truth) has posted The ECJ Whisperer on SSRN. Here is the abstract: The Court of Justice of the European Union does not operate through a strict hierarchy of Treaty, secondary law, and national law. Instead, once a competence is…
Swen Werner (My Digital Truth) has posted The ECJ Whisperer on SSRN. Here is the abstract: The Court of Justice of the European Union does not operate through a strict hierarchy of Treaty, secondary law, and national law. Instead, once a competence is…
Werner on the ECJ, EU Law, and National Law
Swen Werner (My Digital Truth) has posted The ECJ Whisperer on SSRN. Here is the abstract: The Court of Justice of the European Union does not operate through a strict hierarchy of Treaty, secondary law, and national law. Instead, once a competence is triggered, the Court treats secondary law as a self-contained system, unless a claimant identifies a precise error in conferral.
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Aburabia on Secularism and Palestine
Rawia Aburabia (Sapir Academic College) has posted Beyond the Liberal/Non-Liberal: Reclaiming Secularism in the Palestinian Society on SSRN. Here is the abstract: In August 2019, the local council of Umm al-Fahem, Israel, cancelled a scheduled performance of…
Rawia Aburabia (Sapir Academic College) has posted Beyond the Liberal/Non-Liberal: Reclaiming Secularism in the Palestinian Society on SSRN. Here is the abstract: In August 2019, the local council of Umm al-Fahem, Israel, cancelled a scheduled performance of…
Aburabia on Secularism and Palestine
Rawia Aburabia (Sapir Academic College) has posted Beyond the Liberal/Non-Liberal: Reclaiming Secularism in the Palestinian Society on SSRN. Here is the abstract: In August 2019, the local council of Umm al-Fahem, Israel, cancelled a scheduled performance of the known Palestinian rapper Tamer Nafar, claiming that Nafar's artistic work did not meet with the town's accepted religious, moral, and social norms. Subsequently, residents of the town and the Association for Civil Rights in Israel, petitioned the Court against the local council's interference with Nafar's freedom of artistic expression.
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Sharfman on Ambiguity in SEC Disclosure Authority
Bernard S. Sharfman (Law & Economics Center at George Mason University’s Antonin Scalia Law School) has posted Reducing Ambiguity in the SEC's Disclosure Authority on SSRN. Here is the abstract: Much of the SEC’s disclosure authority is derived…
Bernard S. Sharfman (Law & Economics Center at George Mason University’s Antonin Scalia Law School) has posted Reducing Ambiguity in the SEC's Disclosure Authority on SSRN. Here is the abstract: Much of the SEC’s disclosure authority is derived…
Sharfman on Ambiguity in SEC Disclosure Authority
Bernard S. Sharfman (Law & Economics Center at George Mason University’s Antonin Scalia Law School) has posted Reducing Ambiguity in the SEC's Disclosure Authority on SSRN. Here is the abstract: Much of the SEC’s disclosure authority is derived from two very important but undefined terms—“in the public interest” and “for the protection of investors.” The time is now ripe for the SEC and the federal circuit courts to focus on providing definitions for these terms.
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Anderson on the Evolution of the Poison Pill
Robert Anderson (University of Arkansas, Fayetteville - School of Law) has posted THE EVOLUTION OF THE POISON PILL on SSRN. Here is the abstract: One of the most important developments in corporate law occurred forty years ago when the Delaware Supreme…
Robert Anderson (University of Arkansas, Fayetteville - School of Law) has posted THE EVOLUTION OF THE POISON PILL on SSRN. Here is the abstract: One of the most important developments in corporate law occurred forty years ago when the Delaware Supreme…
Anderson on the Evolution of the Poison Pill
Robert Anderson (University of Arkansas, Fayetteville - School of Law) has posted THE EVOLUTION OF THE POISON PILL on SSRN. Here is the abstract: One of the most important developments in corporate law occurred forty years ago when the Delaware Supreme Court approved an early version of the poison pill, a potent antitakeover device. The pill started as an untested, risky strategy to counter a particular type of potentially abusive tender offer.
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Tyler on Originalism, Levels of Generality, and the Second Amendment
Amanda L. Tyler (University of California, Berkeley - School of Law) has posted Levels of Generality, the Limits of Originalism, and the Supreme Court's Second Amendment Jurisprudence on SSRN. Here is the abstract: Just how…
Amanda L. Tyler (University of California, Berkeley - School of Law) has posted Levels of Generality, the Limits of Originalism, and the Supreme Court's Second Amendment Jurisprudence on SSRN. Here is the abstract: Just how…
Tyler on Originalism, Levels of Generality, and the Second Amendment
Amanda L. Tyler (University of California, Berkeley - School of Law) has posted Levels of Generality, the Limits of Originalism, and the Supreme Court's Second Amendment Jurisprudence on SSRN. Here is the abstract: Just how originalist is the Court’s Second Amendment jurisprudence after United States v. Rahimi? This is perhaps one of the biggest questions left in the decision’s wake. As it turns out, the answer is not altogether clear postRahimi.
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In Memorium: William Twining
William Twining has passed. Twining served as the Quain Professor of Jurisprudence at the Faculty of Laws, University College London and was the author of many important monographs and articles, including General Jurisprudence: Understanding Law from a Global…
William Twining has passed. Twining served as the Quain Professor of Jurisprudence at the Faculty of Laws, University College London and was the author of many important monographs and articles, including General Jurisprudence: Understanding Law from a Global…
In Memorium: William Twining
William Twining has passed. Twining served as the Quain Professor of Jurisprudence at the Faculty of Laws, University College London and was the author of many important monographs and articles, including General Jurisprudence: Understanding Law from a Global Perspective. For a rememberance, visit In memory of William Twining (1934-2025) by Raymundo Gama Leyva.
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Balkinization: Why a President Might Decline to Appeal balkin.blogspot.com/2025/10/why-...
Balkinization: Why a President Might Decline to Appeal
A group blog on constitutional law, theory, and politics
balkin.blogspot.com
NYT on Caleb Nelson on the unitary executive,
www.nytimes.com/2025/10/13/u...
www.nytimes.com/2025/10/13/u...
Originalist ‘Bombshell’ Complicates Case on Trump’s Power to Fire Officials
As the Supreme Court seems poised to expand the president’s power, a leading scholar whose work the justices have often cited issued a provocative dissent.
www.nytimes.com
Anwar on Relational Loss
Sania Anwar (Columbia University - Law School) has posted Rethinking Relational Loss on SSRN. Here is the abstract: The American common law has for centuries recognized relational consequences of a legal injury through the same singular approach. This approach relies on…
Sania Anwar (Columbia University - Law School) has posted Rethinking Relational Loss on SSRN. Here is the abstract: The American common law has for centuries recognized relational consequences of a legal injury through the same singular approach. This approach relies on…
Anwar on Relational Loss
Sania Anwar (Columbia University - Law School) has posted Rethinking Relational Loss on SSRN. Here is the abstract: The American common law has for centuries recognized relational consequences of a legal injury through the same singular approach. This approach relies on the law of loss-of-consortium. Its historical origins lie in the tort law remedy for the injury to a husband’s nonreciprocal personal and property rights in the “consortium” of his wife.
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Bell on Structural Erasure of the Cognitive Infrastructure for Multiracial Democracy
Russell Bell has posted The Weaponization of Presentism and Anti-Woke Discourse: A Critical Framework for Understanding Contemporary Structural Erasure on SSRN. Here is the abstract: This study employs critical…
Russell Bell has posted The Weaponization of Presentism and Anti-Woke Discourse: A Critical Framework for Understanding Contemporary Structural Erasure on SSRN. Here is the abstract: This study employs critical…
Bell on Structural Erasure of the Cognitive Infrastructure for Multiracial Democracy
Russell Bell has posted The Weaponization of Presentism and Anti-Woke Discourse: A Critical Framework for Understanding Contemporary Structural Erasure on SSRN. Here is the abstract: This study employs critical race theory, institutional analysis, and counter-hegemonic frameworks to examine how contemporary anti-woke discourse weaponizes presentist interpretations of history to facilitate structural erasure through epistemological warfare. Using a novel collaborative methodology that combines traditional critical scholarship with AI-assisted research verification, this analysis demonstrates that the systematic dismantling of Diversity, Equity, and Inclusion (DEI) initiatives represents a coordinated institutional response to challenges against white supremacist structures.
legaltheoryblog.com
Legal Theory Lexicon: Narrative and Normativity
Introduction Many law students learn about "narrative" at some point in law school. Of course, narratives (or more simply "stories") are all over the law. Individual cases include narratives in their recitation of the facts and procedural history.…
Introduction Many law students learn about "narrative" at some point in law school. Of course, narratives (or more simply "stories") are all over the law. Individual cases include narratives in their recitation of the facts and procedural history.…
Legal Theory Lexicon: Narrative and Normativity
Introduction Many law students learn about "narrative" at some point in law school. Of course, narratives (or more simply "stories") are all over the law. Individual cases include narratives in their recitation of the facts and procedural history. Sequences of cases can be studied as narratives, with events both internal and external to the law woven into a story about how and why the law changed.
legaltheoryblog.com
Legal Theory Bookworm: “People v. The Court” by Sloss
The Legal Theory Bookworm recommends People v. The Court by David L. Sloss on SSRN. Here is the abstract: The Constitution divides power between the government and We the People. It grants We the People an affirmative, collective right to…
The Legal Theory Bookworm recommends People v. The Court by David L. Sloss on SSRN. Here is the abstract: The Constitution divides power between the government and We the People. It grants We the People an affirmative, collective right to…
Legal Theory Bookworm: “People v. The Court” by Sloss
The Legal Theory Bookworm recommends People v. The Court by David L. Sloss on SSRN. Here is the abstract: The Constitution divides power between the government and We the People. It grants We the People an affirmative, collective right to exercise control over the government through our elected representatives. The Supreme Court has abused its power of judicial review and subverted popular control of the government.
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Download of the Week: “The Two Faces of Representation” by Ahmed
The Download of the Week is The Two Faces of Representation by Ashraf Ahmed. Here is the abstract: In pluralistic democracies, representation is the process that mediates difference and translates the preferences of free and equal…
The Download of the Week is The Two Faces of Representation by Ashraf Ahmed. Here is the abstract: In pluralistic democracies, representation is the process that mediates difference and translates the preferences of free and equal…
Download of the Week: “The Two Faces of Representation” by Ahmed
The Download of the Week is The Two Faces of Representation by Ashraf Ahmed. Here is the abstract: In pluralistic democracies, representation is the process that mediates difference and translates the preferences of free and equal citizens into political will. Despite broad judicial and scholarly agreement that representation is central to election law, the Supreme Court is deeply ambivalent in how it treats the concept.
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Ahmed on Fundamental Rights and the Constitution of Pakistan
Dr. Naveed Ahmed (University of the Punjab (PU) - Punjab University Law College) has posted A Critical Analysis of Fundamental Rights Under the Constitution of Pakistan, 1973 (Journal of Political Studies, Volume 28, No. 1. pp. 11-21) on…
Dr. Naveed Ahmed (University of the Punjab (PU) - Punjab University Law College) has posted A Critical Analysis of Fundamental Rights Under the Constitution of Pakistan, 1973 (Journal of Political Studies, Volume 28, No. 1. pp. 11-21) on…
Ahmed on Fundamental Rights and the Constitution of Pakistan
Dr. Naveed Ahmed (University of the Punjab (PU) - Punjab University Law College) has posted A Critical Analysis of Fundamental Rights Under the Constitution of Pakistan, 1973 (Journal of Political Studies, Volume 28, No. 1. pp. 11-21) on SSRN. Here is the abstract: In general sense the right is considered that source by using that a person is being entitled for all obligation intended to other persons as per the approved limitation of law.
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Davidson & Mulvaney on Per Se Non-Takings
Nestor M. Davidson (Harvard University - Harvard Graduate School of Design) & Timothy M. Mulvaney (Texas A&M University School of Law) have posted Per Se Non-Takings (Texas Law Review, Forthcoming) on SSRN. Here is the abstract: In the discourse on the…
Nestor M. Davidson (Harvard University - Harvard Graduate School of Design) & Timothy M. Mulvaney (Texas A&M University School of Law) have posted Per Se Non-Takings (Texas Law Review, Forthcoming) on SSRN. Here is the abstract: In the discourse on the…
Davidson & Mulvaney on Per Se Non-Takings
Nestor M. Davidson (Harvard University - Harvard Graduate School of Design) & Timothy M. Mulvaney (Texas A&M University School of Law) have posted Per Se Non-Takings (Texas Law Review, Forthcoming) on SSRN. Here is the abstract: In the discourse on the Takings Clause, disputes over methodology have long formed a kind of proxy war, with per se rules ordinarily underwriting strong constitutional protection for property rights and ad hoc standards more often vindicating public interests.
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