"All the theory that fits." Gopal Sreenisavan (Duke University) has posted Rights in Rem and the Multital Ménagerie (Singapore Journal of Legal Studies, Sep 2024, pp 361–376) on SSRN. Here is the abstract: Unlike rights in personam, which are held against a limited number of people (paradigmatically, one), rights in rem are held against everyone else in the world.

2025年1月15日 · 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 ...

2025年1月27日 · Joshua Galperin (Pace University - School of Law) has posted 4Cs at 4°C: Counting, Contestation, Communication, and Consideration for Collectively Constructing Concepts of Climate Change (In Adapting to High-Level Warming: Law, Governance, and Equity (Katrina F. Kuh and Shanon M. Roesler, eds) (2024)) on SSRN. Here is the abstract: Constructive criticism of the nation’s environmental laws ...

2024年10月24日 · 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.

2025年1月25日 · Ratna Kapur (School of Law) has posted On Violence, Revolution and the Self (Postcolonial Studies, volume 24, issue 2) on SSRN. Here is the abstract: This article examines the integral relationship between epistemic violence and power, specifically at the level of the conception of the individual subject in law.

2025年1月25日 · Dan Friedman (Appellate Court of Maryland) has posted Miles to Go: A Response to Dr. Nicholas Cole’s Speech at the Third Annual Robert F. Williams Lecture on State Constitutional Law on SSRN. Here is the abstract: The article is a short response to Dr. Nicholas Cole’s speech, entitled “Writing America’s Constitutions: Understanding the Drafting and Re-Drafting of America’s ...

2025年1月23日 · Aditya Bamzai (University of Virginia School of Law) has posted The Path of Administrative Law Remedies (98 Notre Dame Law Review 2037 (2023)) on SSRN. Here is the abstract: The question whether the term “set aside” in the Administrative Procedure Act (APA) authorizes a federal court to vacate a rule universally—as opposed to setting aside the rule solely as to the plaintiffs—is a ...

2025年1月23日 · Ann Woolhandler (University of Virginia School of Law) has posted Private Injuries and Standing on SSRN. Here is the abstract: The prevalent scholarly view—often associated with Professor Cass Sunstein-—is that a legal right to sue rather than a factual injury suffices for standing under Article III.

2024年7月26日 · Mark Mancini (Thompson Rivers University - Faculty of Law) has posted TWO USES OF PURPOSE IN STATUTORY INTERPRETATION (Statute Law Review (forthcoming)) on SSRN. Here is the abstract: Despite apparent agreement on the approach to the interpretation of statutes in Canada, a system of presumptive parliamentary sovereignty, judges differ on a fundamental point: how purpose is used in interpretation.

2025年1月17日 · Alma Diamond (University of Michigan Law School) has posted Hares or Hounds? Originalism's Dilemma: Legal Formalism, or Judicial Neutrality on SSRN. Here is the abstract: The increased influence of originalism on the Supreme Court has brought radical changes to constitutional law in recent years ...