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Lawrence Solum

Law professor at the University of Virginia. Legal theory, originalism, textualism, virtue jurisprudence, artificial intelligence, philosophy of language, moral and political philosophy.

9,3 тыс. подписчиков104 подписок4,6 тыс. постов
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Lawrence Solum

Junqueira on Learning from Alien Legal Cultures Robert Junqueira (University of Minho - Research Centre for Justice and Governance) has posted Defying Our Cognitive Matrices: Learning from Alien Legal Cultures Without Flattening Them…...

Junqueira on Learning from Alien Legal CulturesRobert Junqueira (University of Minho - Research Centre for Justice and Governance) has posted Defying Our Cognitive Matrices: Learning from Alien Legal Cultures Without Flattening Them on SSRN. Here is the abstract: This paper argues that comparative legal reasoning fails when foreign law is treated as a detachable example, exotic contrast, or ready-made borrowing for the home legal system. Successful comparison is instead a disciplined encounter between cognitive matrices: the categories through which the comparatist sees, the self-understandings through which the foreign legal order reasons, and the institutional, linguistic, and living-law conditions that give legal materials their force.legaltheoryblog.com
Lawrence Solum

Narayan & Pradeep on Delimitation & SC/ST Representation Kishan Narayan (Northeastern University) and Anagha Pradeep (Jawaharlal Nehru University) have posted The Frozen Constituency: Delayed Delimitation and Denied Representation of SCs and STs…...

Narayan & Pradeep on Delimitation & SC/ST RepresentationKishan Narayan (Northeastern University) and Anagha Pradeep (Jawaharlal Nehru University) have posted The Frozen Constituency: Delayed Delimitation and Denied Representation of SCs and STs (61 Economic & Political Weekly 42 (2026)) on SSRN. Here is the abstract: The Indian Constitution’s promise of proportional political representation for Scheduled Castes and Scheduled Tribes has been systematically undermined by the delimitation freeze imposed in 1976.legaltheoryblog.com
Lawrence Solum

Boso on Animus and Authoritarianism Luke A. Boso (Southwestern Law School) has posted Animus and Authoritarianism on SSRN. Here is the abstract:...

Boso on Animus and AuthoritarianismLuke A. Boso (Southwestern Law School) has posted Animus and Authoritarianism on SSRN. Here is the abstract: Animus is an impermissible justification for government acts under any standard of judicial review. When officials intentionally target individuals and ideas out of hostility, the Supreme Court has—albeit inconsistently—deemed such acts irrational. At the heart of the animus doctrine are implicit limitations on the government’s power; at bare minimum, state actors must treat individuals with dignity and respect, and they must approach even unpopular ideas with neutrality.legaltheoryblog.com
Lawrence Solum

Gold & Helleringer on Finding Loyalty in Good Faith Andrew S. Gold (University of California, Irvine School of Law) and Genevieve Helleringer (University of Oxford - Institute of European and Comparative Law) have posted…...

Gold & Helleringer on Finding Loyalty in Good FaithAndrew S. Gold (University of California, Irvine School of Law) and Genevieve Helleringer (University of Oxford - Institute of European and Comparative Law) have posted Finding Loyalty in Good Faith (Theoretical Inquiries in Law, Vol. 27(2), 2026, forthcoming) on SSRN. Here is the abstract: The merits of contractual loyalty duties have been obscured by two leading views on loyalty. The first view, associated with the law and economics movement, tends to see fiduciary loyalty as contractual across the board.legaltheoryblog.com
Lawrence Solum

Siegal on Covert Constitutional Balancing Avi Siegal (Yale University - Law School) has posted Covert Constitutional Balancing on SSRN. Here is the abstract:...

Siegal on Covert Constitutional BalancingAvi Siegal (Yale University - Law School) has posted Covert Constitutional Balancing on SSRN. Here is the abstract: This Article maps out the context and contours of covert balancing in constitutional cases under today’s Supreme Court. Anti-balancers dominate the Court, as signaled by the ostensible originalist triumph of N.Y. State Rifle & Pistol Ass’n v. Bruen (2022). Recently retired Justice Breyer’s newest book, which praises constitutional balancing, seems like a kind of swan song for this judicial instrument.legaltheoryblog.com
Lawrence Solum

De Palma & Urevick-Ackelsberg on School Funding Challenges in Pennsylvania Claudia De Palma (Temple University Beasley School of Law) and Dan Urevick-Ackelsberg (Public Interest Law Centre) have posted…...

De Palma & Urevick-Ackelsberg on School Funding Challenges in PennsylvaniaClaudia De Palma (Temple University Beasley School of Law) and Dan Urevick-Ackelsberg (Public Interest Law Centre) have posted The Arc From Non-Justiciable to Fundamental: The History of School Funding Challenges in Pennsylvania (33 Widener Commonwealth Law Review (2024)) on SSRN. Here is the abstract: Pennsylvania has recognized the importance of public education since the Commonwealth’s inception in 1776. Although early versions of the Pennsylvania Constitution only contemplated a discretionary system of schools for poor children, in 1834 the state’s public education system was expanded through statute to provide schooling to all children.legaltheoryblog.com
Lawrence Solum

Harris on the New Indentured Servitude Jonathan F. Harris (Temple University Beasley School of Law) has posted The New Indentured Servitude (Georgetown Law Journal, Vol....

Harris on the New Indentured ServitudeJonathan F. Harris (Temple University Beasley School of Law) has posted The New Indentured Servitude (Georgetown Law Journal, Vol. 115, forthcoming 2027) on SSRN. Here is the abstract: Workers across the United States are increasingly bound by employment contracts that courts, policymakers, advocates, and the workers themselves are calling “modern indentured servitude.” These “stay-or-pay” contracts require workers to pay thousands or tens of thousands of dollars if they leave before completing a specified term of employment.legaltheoryblog.com
Lawrence Solum

Etheridge & Chatman on The End of Evidentiary Federalism Tammi S. Etheridge (Washington and Lee University School of Law) and Carliss Chatman (Southern Methodist University - Dedman School of Law) have posted…...

Etheridge & Chatman on The End of Evidentiary FederalismTammi S. Etheridge (Washington and Lee University School of Law) and Carliss Chatman (Southern Methodist University - Dedman School of Law) have posted The End of Evidentiary Federalism on SSRN. Here is the abstract: Across private law, liability often depends on facts that only public enforcement institutions can reliably generate. This Article names that dependence evidentiary federalism and argues that it is a pervasive but largely overlooked feature of modern private enforcement.legaltheoryblog.com
Lawrence Solum

Mundlak & Birnhack on Process-based Data Protection Law & the DPO Guy Mundlak and Michael Birnhack (Tel Aviv University - Buchmann Faculty of Law) have posted Toward Process-based Data Protection Law: The Emergence of DPO as a Profession…...

Mundlak & Birnhack on Process-based Data Protection Law & the DPOGuy Mundlak and Michael Birnhack (Tel Aviv University - Buchmann Faculty of Law) have posted Toward Process-based Data Protection Law: The Emergence of DPO as a Profession (DPLICIT 2026, forthcoming) on SSRN. Here is the abstract: The study documents the recent emergence of DPO (data protection officer) as a quasi-profession in Israel, triggered by the European General Data Protection Regulations (GDPR).legaltheoryblog.com
Lawrence Solum

Shrivastava on the CAA & the Basic Structure Challenge Anujay Shrivastava (Jindal Global Law School; University of Cambridge) has posted Unto the Unheavenly Exodus — Citizenship (Amendment) Act, 2019 and the ‘Basic Structure’ Challenge…...

Shrivastava on the CAA & the Basic Structure ChallengeAnujay Shrivastava (Jindal Global Law School; University of Cambridge) has posted Unto the Unheavenly Exodus — Citizenship (Amendment) Act, 2019 and the ‘Basic Structure’ Challenge (54 International Journal of Legal Information (2026)) on SSRN. Here is the abstract: The Citizenship (Amendment) Act, 2019 (CAA) has elicited great controversies and protests by excluding illegal migrants from the benefit of expedited citizenship naturalization in India on religious classification.legaltheoryblog.com
Lawrence Solum

Sarkar & Rosenthal on Database(d) Immigration Enforcement Shayak Sarkar (University of California, Davis - School of Law) and Josh Rosenthal have posted Database(d) Immigration Enforcement…...

Sarkar & Rosenthal on Database(d) Immigration EnforcementShayak Sarkar (University of California, Davis - School of Law) and Josh Rosenthal have posted Database(d) Immigration Enforcement (Cardozo Law Review (forthcoming)) on SSRN. Here is the abstract: Federal agencies collect some of our most personal data, with promises of security. Yet the Department of Homeland Security has begun to use data from across federal agencies in its effort to pursue and apprehend migrants.legaltheoryblog.com
Lawrence Solum

Fulton on the Postal Clause & Universal Internet Access Tim Fulton has posted The New Post Roads: The Postal Clause as an Affirmative Power to Provide Universal Internet Access…...

Fulton on the Postal Clause & Universal Internet AccessTim Fulton has posted The New Post Roads: The Postal Clause as an Affirmative Power to Provide Universal Internet Access on SSRN. Here is the abstract: This Article argues that the Post Roads Clause—Congress’s power “To establish Post Offices and post Roads”—is best understood as an affirmative grant of power to provide the nation’s communicative infrastructure, and that the internet is the present-day object of that power.legaltheoryblog.com
Lawrence Solum

Feinstein, Freeman, & Jacobs on Faithful Agencies Brian D. Feinstein (University of Pennsylvania, The Wharton School), Jody Freeman (Harvard Law School), and Sharon Jacobs (UC Berkeley School of Law) have posted…...

Feinstein, Freeman, & Jacobs on Faithful AgenciesBrian D. Feinstein (University of Pennsylvania, The Wharton School), Jody Freeman (Harvard Law School), and Sharon Jacobs (UC Berkeley School of Law) have posted Faithful Agencies on SSRN. Here is the abstract: For nearly a century, Congress’s primary instrument for insulating agencies from presidential control was “independence,” expressed, quintessentially, as for-cause removal protection for agency heads. That era is over. After the Supreme Court’s decision in Trump v.legaltheoryblog.com
Lawrence Solum

Gilly on Children as Canaries Travis Gilly (Real Safety AI Foundation) has posted Children as Canaries: Disaggregating the Sentinel Claim into Three Mechanisms of Early Harm…...

Gilly on Children as CanariesTravis Gilly (Real Safety AI Foundation) has posted Children as Canaries: Disaggregating the Sentinel Claim into Three Mechanisms of Early Harm on SSRN. Here is the abstract: The claim that children function as canaries for harms later reaching adults is intuitive, rhetorically powerful, and used loosely. It is applied indiscriminately to cases sharing only the fact that children were hurt. This paper does not argue that every harm announces itself in children first; harms attaching to adult roles have no pediatric precursor and none should be sought.legaltheoryblog.com
Lawrence Solum

Murray & Shaw on Direct Democracy After Dobbs Melissa Murray (New York University School of Law) and Katherine Shaw (University of Pennsylvania Carey Law School) have posted…...

Murray & Shaw on Direct Democracy After DobbsMelissa Murray (New York University School of Law) and Katherine Shaw (University of Pennsylvania Carey Law School) have posted The Promise and Peril of Direct Democracy After Dobbs (Virginia Law Review, Vol. 112, p. 1, 2026) on SSRN. Here is the abstract: In Dobbs v. Jackson Women’s Health Organization, the Supreme Court announced that it was leaving the power to regulate abortion “to the people and their elected representatives.” In the wake of Dobbs, state-level “elected representatives” quickly got to work, resulting in dramatic changes to the abortion access landscape.legaltheoryblog.com
Lawrence Solum

Bystranowski, Hannikainen, & Donelson on Legal Positivism and the Quietist Hypothesis Piotr Bystranowski (Jagiellonian University), Ivar Hannikainen (University of Granada), and Raff Donelson (Chicago-Kent College of Law) have posted…...

Bystranowski, Hannikainen, & Donelson on Legal Positivism and the Quietist HypothesisPiotr Bystranowski (Jagiellonian University), Ivar Hannikainen (University of Granada), and Raff Donelson (Chicago-Kent College of Law) have posted Quiet in the Face of Wrong? An Empirical Look at Legal Positivism and the Quietist Hypothesis on SSRN. Here is the abstract: Most debates surrounding legal positivism and its associated separability thesis concern the truth of these claims. As such, the central question has been whether there are good epistemic grounds for believing legal positivism.legaltheoryblog.com
Lawrence Solum

Kyritsis on The Non-Appropriation Paradox Christos Kyritsis (University of Mississippi - School of Law) has posted The Non-Appropriation Paradox: The Modern “For Me, but Not for Thee”...

Kyritsis on The Non-Appropriation ParadoxChristos Kyritsis (University of Mississippi - School of Law) has posted The Non-Appropriation Paradox: The Modern “For Me, but Not for Thee” on SSRN. Here is the abstract: The Outer Space Treaty prohibits national appropriation of outer space and celestial bodies, making non-appropriation one of the central principles of modern space law. But the rule raises a question that space-law scholarship has largely sidestepped: by what authority do territorial states declare that territorial sovereignty governs Earth but not the first domain beyond it?legaltheoryblog.com
Lawrence Solum

Ganty et al. on Merit and Race in EU Migration and Asylum Law Sarah Ganty (Peking University School of Transnational Law, Central European University, and Yale Law School), Laurence Romani (Stockholm School of Economics), Zsuzsanna Arendas (Central European University), and Marta Pachocka (Warsaw…

Ganty et al. on Merit and Race in EU Migration and Asylum LawSarah Ganty (Peking University School of Transnational Law, Central European University, and Yale Law School), Laurence Romani (Stockholm School of Economics), Zsuzsanna Arendas (Central European University), and Marta Pachocka (Warsaw School of Economics) have posted The Meritorious ‘Other’: The Interconnection of Merit and Race in EU Migration and Asylum Law on SSRN. Here is the abstract: Adopting a law-in-context approach, this article suggests that merit-based migrant selection in the European Union (EU) is implicitly shaped by racial dynamics.legaltheoryblog.com
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