Introduction Law students begin to encounter the concept of a "standard of review" early in the first year. That's not surprising. First-year law students read appellate cases, and every appellate ...

Michael Showalter has posted Establishment Clause Legislative History Is Not the Law: The Misguided Search for Original Subjective Intent (Federalist Society Review, forthcoming) on SSRN. Here is the ...

Michael L. Smith (University of Oklahoma - College of Law) has posted Holistic Constitutional Interpretation (24 Georgetown Journal of Law & Public Policy (Forthcoming 2026) on SSRN. Here is the ...

Robert Post (Yale University - Law School) has posted Misunderstanding University Speech: The Woodward Committee Report on SSRN. Here is the abstract: The 1974 Woodward Committee Report at Yale ...

Introduction When studying constitutional law, students are likely to be exposed to the idea that interpretation of the United States Constitution may include reference to what are sometimes called ...

The Download of the Week is Interim Orders, the Presidency, and Judicial Supremacy by Jack Landman Goldsmith. Here is the abstract: This essay analyzes the eighteen interim orders concerning Trump ...

Nicholas Aroney (The University of Queensland - T.C. Beirne School of Law; Emory University - Center for the Study of Law and Religion) has posted In Two Natures, without Confusion, without Change, ...

Jonathan Crowe (University of Southern Queensland - School of Law and Justice) has posted The Idea of Small Justice on SSRN. Here is the abstract: Talk about social or distributive justice, at least ...

Ellen D. Katz (University of Michigan Law School) has posted Redistricting Texas Now is Illegal and the U.S. Department of Justice is the Reason Why on SSRN. Here is the abstract: The U.S. Department ...

J. Benton Heath (Temple University Beasley School of Law) has posted Constructing a Global Panopticon: Toward a Jurisprudence of Weaponized Interdependence (Journal of International Economic Law ...

Trace Maddox (NYU Law) has posted Ghosts of Confession Law Past, Present, and future on SSRN. Here is the abstract: Modern American confession law is a ghost of its former self. Under current Due ...

Sam Spiegelman (Pacific Legal Foundation) has posted BLIGHT MADE RIGHT: DEFECTS IN STATE CONDEMNATION LAWS AND A ROADMAP FOR REFORM IN ALASKA AND BEYOND (40 Alaska L. Rev. 341 (2024)) on SSRN. Here is ...