Check out Taking Cognizance of Cognitive Bias by Charles Sullivan on Jotwell--commenting on Patrick Shin's Liability for Unconscious Discrimination? A Thought Experiment in the Theory of Employment Discrimination Law.
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- Legal Theory Lexicon: Conduct Rules and Decision Rules
- Legal Theory Bookworm: "Democracy, Religion, and Commerce," edited by Flake & Oman
- Download of the Week: "Intent to Create Legal Relations and the Nature of Contractual Consent" by Oman
- South & Mahari on Cryptocurrencies and Judicial Enforcement
- Bajwa & Miller on Liberalism and Complicity-Based Conscience Claims in Muslim-American Amicus Briefs
- Linarelli on AI and Contract Formation
- Oman on the Nature of Contractual Consent
- Substantially Revised Version of "Originalism after Dobbs, Bruen, and Kennedy: The Role of History and Tradition" by Barnett & Solum
- Laycock, Berg, Esbeck, & Wilson on the Respect for Marriage Act
- Ferstman & Sharpe on Iranian Arbitrary Detention of Foreign Nationals
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September 20, 2010
Tip Jar
Thank you!
Legal Theory Bookworm
Robert L. Tsai: America's Forgotten Constitutions: Defiant Visions of Power and Community
Stuart Chinn: Recalibrating Reform: The Limits of Political Change
Michael E. Bratman: Shared Agency: A Planning Theory of Acting Together
edited by Christopher J. Peters: Precedent in the United States Supreme Court
Daniel R. Ernst: Tocqueville's Nightmare: The Administrative State Emerges in America, 1900-1940
H. Jefferson Powell: The President as Commander in Chief: An Essay in Constitutional Vision
Download of the Week
- Retributive Justice and the Demands of Democratic Citizenship by Dan Markel
- Interpretive Modesty by Heidi Kitrosser
- The Constitution of Authority by Michael Sevel
- All Assemble: Order and Disorder in Law, Politics, and Culture by Tabatha Abu El-Haj
- The 'Constitution in Exile' as a Problem for Legal Theory by Stephen E. Sachs
- A Psychological Account of Consent to Fine Print by Tess WilkinsonâRyan
- Three Symmetries Between Textualist and Purposivist Theories of Statutory Interpretationâand the Irreducible Roles of Values and Judgment Within Both by Richard H. Fallon, Jr.
- Group Agency and Legal Proof; or, Why the Jury is an 'It' by Michael S. Pardo
- The Ordinary Meaning of Rules by Brian G. Slocum
- The Constitutional Thought of Alexander Hamilton by Mortimer Newlin Stead Sellers
My Papers
- Originalism and Constitutional Construction
- The Interpretation-Construction Distinction in Patent Law
- How NFIB v. Sebelius Affects the Constitutional Gestalt
- Truth and Uncertainty: Legal Control of the Destruction of Evidence
- Confucian Virtue Jurisprudence
- The Interpretation-Construction Distinction
- What is Originalism? The Evolution of Contemporary Originalist Theory
- Narrative, Normativity, and Causation
- The New Realities of the Legal Academy
- Questioning Cultural Commons
- Incorporation and Originalist Theory
- Originalism and the Natural Born Citizen Clause
- District of Columbia v. Heller and Originalism
- On the Intderminacy Crisis: Critiquing Critical Dogma
- A Reader's Guide to Semantic Originalism and a Reply to Professor Griffin
- Models of Internet Governance
- Freedom of Communicative Action
- Semantic Originalism
- Legal Personhood for Artificial Intelligences
- Constitutional Texting
- Originalism as Transformative Politics
- Judicial Selection, Appointments Gridlock, and the Nuclear Option
- Pluralism and Public Legal Reason
- Constitutional Possibilities
- Natural Justice
- Public Legal Reason
- Download It While Its Hot: Open Access and Legal Scholarship
- Popular? Constitutionalism?
- Blogging and the Transformation of Legal Scholarship
- The Supreme Court in Bondage: Constitutional Stare Decisis, Legal Formalism, and the Future of Unenumerated Rights
- A Tournament of Virtue
- An Economic Analysis of Domain Name Policy
- Congress's Power to Promote the Progress of Science: Eldred v. Ashcroft
- Procedural Justice
- Judicial Selection: Ideology versus Character
- The Future of Copyright
- The Aretaic Turn in Constitutional Theory
- A Law of Rules: A Critique and Reconstruction of Justice Scalia's View of the Rule of Law
- Virtue Jurisprudence: A Virtue-Centered Theory of Judging
- The Layers Principle: Internet Architecture and the Law