"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.

4 days ago · David H. Schraub (Lewis & Clark Law School) has posted The Jurisprudence of Constitutional Entitlement on SSRN. Here is the abstract: Lawyers are accustomed to thinking of constitutional law as a familiar binary: Either a given governmental policy or practice is constitutional and therefore permitted, or unconstitutional and forbidden.

5 days ago · 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 ...

Jan 16, 2025 · Seth Barrett Tillman (National University of Ireland, Maynooth (NUI Maynooth) - Faculty of Law) has posted Misconstruing the Electoral Count Act: A Response to Evan A. Davis and David M. Schulte on SSRN. Here is the abstract: The core of Evan Davis and David Schulte’s position is that president-elect Trump is barred by Section 3 of the Fourteenth Amendment from becoming President.—Or, to ...

4 days ago · Keith E. Whittington (Yale Law School; Princeton University - Department of Political Science) has posted Diversity Statements, Academic Freedom, And The First Amendment on SSRN. Here is the abstract: Diversity statements have become a common component of applications for faculty positions and student admission at universities across the country.

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 ...

Allan Erbsen (University of Minnesota - Twin Cities - School of Law) has posted Constitutional Limits on the President's Authority to Adjourn Congress on SSRN. Here is the abstract: Can the President adjourn Congress, declare that the adjournment constitutes a recess, and appoint cabinet officers without the Senate’s consent?

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.

Jan 21, 2025 · Benjamin Keener (University of Pennsylvania Carey Law School) has posted Bonham's Case and Judicial Duty on SSRN. Here is the abstract: Bonham’s Case is perhaps one of the most famous cases in the common law tradition. It is also one of the most poorly understood. Chief Justice Edward Coke ...

Jan 17, 2025 · 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 ...