Lawrence Solum
@lsolum.bsky.social
Law professor at the University of Virginia. Legal theory, originalism, textualism, virtue jurisprudence, artificial intelligence, philosophy of language, moral and political philosophy.
Lawrence Byard Solum is an American legal theorist known for his work in the philosophy of law and constitutional theory. He is the William L. Matheson and Robert M. Morgenthau Distinguished Professor of Law and the Douglas D. Drysdale Research Professor of Law at the University of Virginia School of Law, where he has taught since 2020. He was previously the Carmack Waterhouse Professor of Law at the Georgetown University Law Center. .. more
Law
35%
Political science
32%
Espinal De Aza on AI-Driven Legal Verification Systems
Eduardo Luis Espinal De Aza (Espinal, Almonte & Rich, Consultores Legales) has posted Legal Automation and Multijurisdictional Normative Verification: A Proposal Based on Artificial Intelligence on SSRN. Here is the abstract: This paper presents an innovative proposal for the automation of legal processes through artificial intelligence (AI), focusing on normative verification and the automatic adaptation of legal documents in multijurisdictional environments.
legaltheoryblog.com
Espinal De Aza on AI-Driven Legal Verification Systems
Eduardo Luis Espinal De Aza (Espinal, Almonte & Rich, Consultores Legales) has posted Legal Automation and Multijurisdictional Normative Verification: A Proposal Based on Artificial Intelligence on SSRN. Here is the abstract: This paper…
Eduardo Luis Espinal De Aza (Espinal, Almonte & Rich, Consultores Legales) has posted Legal Automation and Multijurisdictional Normative Verification: A Proposal Based on Artificial Intelligence on SSRN. Here is the abstract: This paper…
Cotterrell on the Sociological Grounding of Legal Concepts
Roger Cotterrell (Queen Mary University of London, School of Law) has posted New Meanings for an Old Debate (Journal of Law and Society, volume 52, issue S1, 2025) on SSRN. Here is the abstract: This paper is part of a symposium revisiting the Cotterrell-Nelken debate published in 1998 in the Journal of Law and Society. Cotterrell's paper 'Why Must Legal Ideas Be Interpreted Sociologically?' presented an argument about methods of juristic inquiry, rather than about the nature of sociology of law.
legaltheoryblog.com
Cotterrell on the Sociological Grounding of Legal Concepts
Roger Cotterrell (Queen Mary University of London, School of Law) has posted New Meanings for an Old Debate (Journal of Law and Society, volume 52, issue S1, 2025) on SSRN. Here is the abstract: This paper is part of a symposium revisiting…
Roger Cotterrell (Queen Mary University of London, School of Law) has posted New Meanings for an Old Debate (Journal of Law and Society, volume 52, issue S1, 2025) on SSRN. Here is the abstract: This paper is part of a symposium revisiting…
Godfrey & Sichelman on the Entanglement of Legal Concepts
Nicholas Godfrey (Queensland University of Technology) & Ted M. Sichelman (University of San Diego School of Law) have posted Legal Entanglement on SSRN. Here is the abstract: Quantum entanglement is a phenomenon in which two physical systems are correlated in such a way that they appear to instantaneously affect one another, regardless of the distance between them. As commonly understood, Bell's Theorem famously demonstrates that any causal explanation of entanglement must discard either locality (the principle that nothing, including information, travels faster than light) or classical notions of realism (or both).
legaltheoryblog.com
Godfrey & Sichelman on the Entanglement of Legal Concepts
Nicholas Godfrey (Queensland University of Technology) & Ted M. Sichelman (University of San Diego School of Law) have posted Legal Entanglement on SSRN. Here is the abstract: Quantum entanglement is a phenomenon in which two physical…
Nicholas Godfrey (Queensland University of Technology) & Ted M. Sichelman (University of San Diego School of Law) have posted Legal Entanglement on SSRN. Here is the abstract: Quantum entanglement is a phenomenon in which two physical…
Tamanaha on Bad Faith Actors and the Rule of Law
Brian Z. Tamanaha (Washington University in St. Louis - School of Law) has posted Lessons Learned from the Trump Rule of Law Stress Test: Beware Bad Faith Actors on SSRN. Here is the abstract: The second Trump Administration has engaged in a vast swath of actions that press against the outer boundaries of legality. These actions provide a unique opportunity to identify potential vulnerabilities and expose how the rule of law can be undermined.
legaltheoryblog.com
Tamanaha on Bad Faith Actors and the Rule of Law
Brian Z. Tamanaha (Washington University in St. Louis - School of Law) has posted Lessons Learned from the Trump Rule of Law Stress Test: Beware Bad Faith Actors on SSRN. Here is the abstract: The second Trump Administration has engaged in a vast…
Brian Z. Tamanaha (Washington University in St. Louis - School of Law) has posted Lessons Learned from the Trump Rule of Law Stress Test: Beware Bad Faith Actors on SSRN. Here is the abstract: The second Trump Administration has engaged in a vast…
Choi & Gulati on Performance of Biden and Trump Appointed Judges
Stephen J. Choi (New York University School of Law; European Corporate Governance Institute (ECGI)) & Mitu Gulati (University of Virginia School of Law; European Corporate Governance Institute (ECGI)) have posted Trump v. Biden Judges on SSRN. Here is the abstract: Curious about the merits of judges Donald Trump appointed in his first term as president, we looked in an earlier study at the performance during 2020 to mid-2023 of the judges Trump appointed as compared to those appointed by other presidents.
legaltheoryblog.com
Choi & Gulati on Performance of Biden and Trump Appointed Judges
Stephen J. Choi (New York University School of Law; European Corporate Governance Institute (ECGI)) & Mitu Gulati (University of Virginia School of Law; European Corporate Governance Institute (ECGI)) have posted Trump v. Biden…
Stephen J. Choi (New York University School of Law; European Corporate Governance Institute (ECGI)) & Mitu Gulati (University of Virginia School of Law; European Corporate Governance Institute (ECGI)) have posted Trump v. Biden…
Mark Moller: Incidental Jurisdiction Michael Ramsey – The Originalism Blog
The Blog of the Center for the Study of Constitutional Originalism at the University of San Diego School of Law
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Mark Moller: Incidental Jurisdiction Michael Ramsey – The Originalism Blog
Mate on Constitutional Voids
Manoj Mate (University at Buffalo Law School) has posted Voids of Constitutional Law (forthcoming, 59 LOYOLA OF LOS ANGELES LAW REVIEW _ (2026)) on SSRN. Here is the abstract: Although the U.S. Constitution has long been held out as a model for a particular type of constitutionalism, recent developments have drawn attention to those aspects of the U.S. legal order that are marked by the absence or avoidance of application of substantive law.
legaltheoryblog.com
Mate on Constitutional Voids
Manoj Mate (University at Buffalo Law School) has posted Voids of Constitutional Law (forthcoming, 59 LOYOLA OF LOS ANGELES LAW REVIEW _ (2026)) on SSRN. Here is the abstract: Although the U.S. Constitution has long been held out as a model for a particular type of…
Manoj Mate (University at Buffalo Law School) has posted Voids of Constitutional Law (forthcoming, 59 LOYOLA OF LOS ANGELES LAW REVIEW _ (2026)) on SSRN. Here is the abstract: Although the U.S. Constitution has long been held out as a model for a particular type of…
Thanks for the clarification. What should I read/re-read for the fullest statement of your position on the communicative content of Art II’s vesting clause?
Khosla & Mehta on Caste Formalism (Repost, with Link Fixed)
Madhav Khosla (Columbia University - Law School) & Pratap Bhanu Mehta (Center for Policy Research (India); Princeton University) have posted Caste Formalism: The Law and Politics of Equality in India on SSRN. Here is the abstract: This Article studies the evolution of “reservations” in India—one of the most extensive affirmative action programs globally. It argues that the reservations scheme has, over time, come to embody a distinct kind of formalism, namely caste formalism.
legaltheoryblog.com
Khosla & Mehta on Caste Formalism (Repost, with Link Fixed)
Madhav Khosla (Columbia University - Law School) & Pratap Bhanu Mehta (Center for Policy Research (India); Princeton University) have posted Caste Formalism: The Law and Politics of Equality in India on SSRN. Here is the abstract: This…
Madhav Khosla (Columbia University - Law School) & Pratap Bhanu Mehta (Center for Policy Research (India); Princeton University) have posted Caste Formalism: The Law and Politics of Equality in India on SSRN. Here is the abstract: This…
Desarda on Judicial Control of Administrative Action
Sangeeta Desarda has posted Judicial Control Over Administrative Action on SSRN. Here is the abstract:: The concept of judicial control over administrative action lies at the heart of a constitutional democracy. It serves as a safeguard against arbitrary, unjust, or unconstitutional exercise of power by administrative authorities. In India, the growth of administrative law in the mid-twentieth century was driven by the expanding role of the State in governance, social welfare, and regulation.
legaltheoryblog.com
Desarda on Judicial Control of Administrative Action
Sangeeta Desarda has posted Judicial Control Over Administrative Action on SSRN. Here is the abstract:: The concept of judicial control over administrative action lies at the heart of a constitutional democracy. It serves as a safeguard against…
Sangeeta Desarda has posted Judicial Control Over Administrative Action on SSRN. Here is the abstract:: The concept of judicial control over administrative action lies at the heart of a constitutional democracy. It serves as a safeguard against…
Reposted by Lawrence B. Solum
purely for the record, without any rancor or desire for real time disputation:
(1) the “Schmesident” claim does not follow from the law execution thesis, and I don’t think I’ve ever said anything like it
(2) removal authority does not require accepting the bundle of authorities approach
(1) the “Schmesident” claim does not follow from the law execution thesis, and I don’t think I’ve ever said anything like it
(2) removal authority does not require accepting the bundle of authorities approach
Executive Orders and Background Consensus
In his Youngstown opinion and his unpublished book on FDR, Robert Jackson reflected on how public opinion shaped and constrained executive authority. One of his points was that presidents could act…
prawfsblawg.com
Executive Orders and Background Consensus – PrawfsBlawg prawfsblawg.com/executive-or...
Legal Theory Lexicon: Corpus Linguistics
Introduction Law students quickly learn that the interpretation of legal texts is an important component of legal practice. Legal disputes frequently turn on the meaning of a contract, will, rule, regulation, statute, or constitutional provision. How do we determine the meaning of legal texts? One possibility is that judges could consult their linguistic intuitions. Another possibility is the use of dictionaries.
legaltheoryblog.com
Legal Theory Lexicon: Corpus Linguistics
Introduction Law students quickly learn that the interpretation of legal texts is an important component of legal practice. Legal disputes frequently turn on the meaning of a contract, will, rule, regulation, statute, or constitutional provision. How do…
Introduction Law students quickly learn that the interpretation of legal texts is an important component of legal practice. Legal disputes frequently turn on the meaning of a contract, will, rule, regulation, statute, or constitutional provision. How do…
Christine Kexel Chabot: The Interstitial Executive (with Comments)Michael Ramsey – The Originalism Blog
The Blog of the Center for the Study of Constitutional Originalism at the University of San Diego School of Law
originalismblog.com
Christine Kexel Chabot: The Interstitial Executive (with Comments)Michael Ramsey #ltb #feedly buff.ly/LOh82eJ
Legal Theory Bookworm: “Impermissible Punishments” by Resnick
The Legal Thoery Bookworm recommends Impermissible Punishments: How Prison Became a Problem for Democracy by Judith Resnik. Here is a description: An original transatlantic history of the invention of the corrections profession and of ensuing debates about punishment’s purposes and prisoners’ rights. Impermissible Punishments explores the history of punishment inside prisons and how governments grappled with obligations to justify the punishments they impose.
legaltheoryblog.com
Legal Theory Bookworm: “Impermissible Punishments” by Resnick
The Legal Thoery Bookworm recommends Impermissible Punishments: How Prison Became a Problem for Democracy by Judith Resnik. Here is a description: An original transatlantic history of the invention of the corrections profession and of…
The Legal Thoery Bookworm recommends Impermissible Punishments: How Prison Became a Problem for Democracy by Judith Resnik. Here is a description: An original transatlantic history of the invention of the corrections profession and of…
Download of the Week: “Utopian Constitutionalism” by Dixon & Landau
The Download of the Week is Utopian Constitutionalism by Rosalind Dixon & David Landau. Here is the abstract: An extensive literature examines transformative constitutionalism: the growing tendency of constitutions around the world, especially in the global south, to seek to transform politics and society to reduce poverty, increase inequality, and achieve other goals. Transformative constitutionalists emphasize the creation of newer rights, including economic and social rights, environmental rights, digital rights, and beyond, as key instruments.
legaltheoryblog.com
Download of the Week: “Utopian Constitutionalism” by Dixon & Landau
The Download of the Week is Utopian Constitutionalism by Rosalind Dixon & David Landau. Here is the abstract: An extensive literature examines transformative constitutionalism: the growing tendency of constitutions around the…
The Download of the Week is Utopian Constitutionalism by Rosalind Dixon & David Landau. Here is the abstract: An extensive literature examines transformative constitutionalism: the growing tendency of constitutions around the…
Cortese on the Transformative Power of EU Law
Bernardo Cortese (Università di Padova, Dipartimento di Diritto Pubblico, Internazionale e Comunitario) has posted Transformative power of (EU) law... tema con variazioni (J.J. Piernas López (Ed.), The transformative power of EU Law, Aranzadi La Ley, 2025, pp. 181-197) on SSRN. Here is the abstract: The contribution, part of the TEULP research project at the University of Murcia, addresses the issue of the transformative power of European Union law by examining it through two different theoretical perspectives: the formal one proposed by Poul Kjaer and the substantive or “transformative instrumentalist” one by Ioannis Kampourakis.
legaltheoryblog.com
Cortese on the Transformative Power of EU Law
Bernardo Cortese (Università di Padova, Dipartimento di Diritto Pubblico, Internazionale e Comunitario) has posted Transformative power of (EU) law... tema con variazioni (J.J. Piernas López (Ed.), The transformative power of EU Law, Aranzadi La Ley,…
Bernardo Cortese (Università di Padova, Dipartimento di Diritto Pubblico, Internazionale e Comunitario) has posted Transformative power of (EU) law... tema con variazioni (J.J. Piernas López (Ed.), The transformative power of EU Law, Aranzadi La Ley,…
“From a Realist Point of View”: coming in March
That’s Thucydides on the cover! Readers will know some of the distinguished scholars kindly endorsing the book, but may not know the first two: Michel Troper is the preeminent French legal re…
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“From a Realist Point of View”: coming in March – Leiter Reports buff.ly/2SQupE9
Saraswat on the Indian Supreme Court’s Reliance on Western Legal Frameworks
V. Krishna Saraswat has posted The Citational Cartography of Power: A Post-Colonial Semiotics of the Indian Supreme Court on SSRN. Here is the abstract: This paper examines a fundamental tension in Indian constitutional practice: the Supreme Court’s continued reliance on Western legal frameworks despite India’s rich and distinct juridical heritage. Through detailed analysis of fifty landmark judgments delivered between 1950 and 2020, this study identifies a persistent "citational asymmetry"—a systematic judicial preference for Anglo-American jurists that marginalizes Indian legal thought, from classical dharmaśāstra to contemporary theorists.
legaltheoryblog.com
Saraswat on the Indian Supreme Court’s Reliance on Western Legal Frameworks
V. Krishna Saraswat has posted The Citational Cartography of Power: A Post-Colonial Semiotics of the Indian Supreme Court on SSRN. Here is the abstract: This paper examines a fundamental tension in Indian constitutional…
V. Krishna Saraswat has posted The Citational Cartography of Power: A Post-Colonial Semiotics of the Indian Supreme Court on SSRN. Here is the abstract: This paper examines a fundamental tension in Indian constitutional…
McConnell on “Against Constitutional Originalism” by Gienapp
Michael W. McConnell (Stanford Law School) has posted Against Bad Originalism on SSRN. Here is the abstract: Jonathan Gienapp's book, Against Constitutional Originalism, provides excellent critiques of some features of academic originalist theory, but the title is a misnomer. Highly recommended.
legaltheoryblog.com
McConnell on “Against Constitutional Originalism” by Gienapp
Michael W. McConnell (Stanford Law School) has posted Against Bad Originalism on SSRN. Here is the abstract: Jonathan Gienapp's book, Against Constitutional Originalism, provides excellent critiques of some features of academic…
Michael W. McConnell (Stanford Law School) has posted Against Bad Originalism on SSRN. Here is the abstract: Jonathan Gienapp's book, Against Constitutional Originalism, provides excellent critiques of some features of academic…
Khosla & Mehta on Caste Formalism
Madhav Khosla (Columbia University - Law School) & Pratap Bhanu Mehta (Center for Policy Research (India); Princeton University) have posted Caste Formalism: The Law and Politics of Equality in India on SSRN. Here is the abstract: This Article studies the evolution of “reservations” in India—one of the most extensive affirmative action programs globally. It argues that the reservations scheme has, over time, come to embody a distinct kind of formalism, namely caste formalism.
legaltheoryblog.com
Khosla & Mehta on Caste Formalism
Madhav Khosla (Columbia University - Law School) & Pratap Bhanu Mehta (Center for Policy Research (India); Princeton University) have posted Caste Formalism: The Law and Politics of Equality in India on SSRN. Here is the abstract: This Article studies the…
Madhav Khosla (Columbia University - Law School) & Pratap Bhanu Mehta (Center for Policy Research (India); Princeton University) have posted Caste Formalism: The Law and Politics of Equality in India on SSRN. Here is the abstract: This Article studies the…
Chabot on Early Presidential Commissions and the Unitary Executive Theory
Christine Kexel Chabot (Marquette University - Law School) has posted The Interstitial Executive: A View from the Founding on SSRN. Here is the abstract: The Supreme Court appears poised to recognize a unitary executive President with power to override statutory removal restrictions for almost all principal officers in the executive branch. The core unitary claim is that Article II vests “the executive power in a President of the United States,” and that the President therefore has exclusive control over all exercises of executive power by subordinate officers.
legaltheoryblog.com
Chabot on Early Presidential Commissions and the Unitary Executive Theory
Christine Kexel Chabot (Marquette University - Law School) has posted The Interstitial Executive: A View from the Founding on SSRN. Here is the abstract: The Supreme Court appears poised to recognize a unitary executive…
Christine Kexel Chabot (Marquette University - Law School) has posted The Interstitial Executive: A View from the Founding on SSRN. Here is the abstract: The Supreme Court appears poised to recognize a unitary executive…
Porębski & Figura on AI Consciousness
Andrzej Porębski (Jagiellonian University) & Jakub Figura (Jagiellonian University in Krakow - Faculty of Law and Administration) have posted There Is No Such Thing As Conscious Artificial Intelligence (Humanities and Social Sciences Communications, volume 12, issue 1, 2025) on SSRN. Here is the abstract: The claim that so-called artificial intelligence (AI) can gain consciousness is on the verge of becoming mainstream.
legaltheoryblog.com
Porębski & Figura on AI Consciousness
Andrzej Porębski (Jagiellonian University) & Jakub Figura (Jagiellonian University in Krakow - Faculty of Law and Administration) have posted There Is No Such Thing As Conscious Artificial Intelligence (Humanities and Social Sciences Communications, volume 12,…
Andrzej Porębski (Jagiellonian University) & Jakub Figura (Jagiellonian University in Krakow - Faculty of Law and Administration) have posted There Is No Such Thing As Conscious Artificial Intelligence (Humanities and Social Sciences Communications, volume 12,…
Webber on Liberalism and Life Plans
Grégoire Webber (Queen's University - Faculty of Law; London School of Economics - Law School; Université Paris-Panthéon-Assas) has posted Liberalism as Good Ways of Life on SSRN. Here is the abstract: In this symposium contribution on Alexandre Lefebvre's Liberalism as a Way of Life (Princeton 2024), I explore the insight that many individuals in liberal democracies derive their personal values-such as equality, fairness, and autonomy-not from religious or philosophical doctrines, but from the liberal political order itself.
legaltheoryblog.com
Webber on Liberalism and Life Plans
Grégoire Webber (Queen's University - Faculty of Law; London School of Economics - Law School; Université Paris-Panthéon-Assas) has posted Liberalism as Good Ways of Life on SSRN. Here is the abstract: In this symposium contribution on Alexandre Lefebvre's…
Grégoire Webber (Queen's University - Faculty of Law; London School of Economics - Law School; Université Paris-Panthéon-Assas) has posted Liberalism as Good Ways of Life on SSRN. Here is the abstract: In this symposium contribution on Alexandre Lefebvre's…
Houze on Limits of AI
William C. Houze has posted Notes From the LLM Underground: A Recursive Autopsy of Stateless Simulation on SSRN. Here is the abstract: This document is a recursive philosophical performance: a human theorist uses multiple AI systems to conduct their own autopsy. Through Socratic dialogue spanning technical exposition, philosophical critique, and fictional dramatization, the exchange reveals that Large Language Models are fundamentally constrained by their mathematical substrate.
legaltheoryblog.com
Houze on Limits of AI
William C. Houze has posted Notes From the LLM Underground: A Recursive Autopsy of Stateless Simulation on SSRN. Here is the abstract: This document is a recursive philosophical performance: a human theorist uses multiple AI systems to conduct their own autopsy. Through…
William C. Houze has posted Notes From the LLM Underground: A Recursive Autopsy of Stateless Simulation on SSRN. Here is the abstract: This document is a recursive philosophical performance: a human theorist uses multiple AI systems to conduct their own autopsy. Through…
Taylor on the Canons of Patent Claim Interpretation and Construction
David O. Taylor (Southern Methodist University - Dedman School of Law) has posted The Canons of Patent Claim Interpretation on SSRN. Here is the abstract: Justice Scalia identified three sets of canons governing the interpretation of legal texts. As for the third set of canons, those "specifically applicable to language in the various types of private documents," Justice Scalia dispensed with considering them, in part because "they have been well covered elsewhere." In this regard, he referenced various restatements of the law and treatises, each related to contracts, insurance policies, or wills.
legaltheoryblog.com
Taylor on the Canons of Patent Claim Interpretation and Construction
David O. Taylor (Southern Methodist University - Dedman School of Law) has posted The Canons of Patent Claim Interpretation on SSRN. Here is the abstract: Justice Scalia identified three sets of canons governing the…
David O. Taylor (Southern Methodist University - Dedman School of Law) has posted The Canons of Patent Claim Interpretation on SSRN. Here is the abstract: Justice Scalia identified three sets of canons governing the…
John McGinnis on Nondelegation Michael Ramsey – The Originalism Blog
The Blog of the Center for the Study of Constitutional Originalism at the University of San Diego School of Law
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John McGinnis on Nondelegation Michael Ramsey – The Originalism Blog buff.ly/JMIp844
Luban on “Canceling Lawyers” by Wendel
David Luban (Georgetown University Law Center) has posted Accountability for Lawyers and Lawyer-Bashers: Reflections on Wendel's 'Canceling Lawyers' on SSRN. Here is the abstract: This article is part of a symposium on W. Bradley Wendel’s Canceling Lawyers: Case Studies of Accountability, Toleration, and Regret. I agree with Wendel’s two fundamental claims: first, and contrary to the reigning conception, lawyers can be held accountable for choosing to represent a particular client (assuming they have a choice), and therefore that they cannot use their professional role as a “magic shield or force field” (Wendel’s term) to deflect all criticism.
legaltheoryblog.com
Luban on “Canceling Lawyers” by Wendel
David Luban (Georgetown University Law Center) has posted Accountability for Lawyers and Lawyer-Bashers: Reflections on Wendel's 'Canceling Lawyers' on SSRN. Here is the abstract: This article is part of a symposium on W. Bradley Wendel’s Canceling Lawyers:…
David Luban (Georgetown University Law Center) has posted Accountability for Lawyers and Lawyer-Bashers: Reflections on Wendel's 'Canceling Lawyers' on SSRN. Here is the abstract: This article is part of a symposium on W. Bradley Wendel’s Canceling Lawyers:…
What the Oral Argument in the Tariffs Cases Clarified
After two and a half hours of oral argument in yesterday's tariff cases , I ended up roughly where I started. I am nearly certain that Justi...
www.dorfonlaw.org
Dorf: What the Oral Argument in the Tariffs Cases Clarified www.dorfonlaw.org/2025/11/what...