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%
Decker on AI, Consciousness, and Legal Personhood
Nicolin Decker has posted The Artificial Conscious Agency Doctrine (ACAD): A Constitutional, International, and Moral Framework for Synthetic Intelligence in the Post-Semiconductor Era on SSRN. Here is the abstract: Artificial intelligence is entering an era of engineered permanence, continuity, and self-referential capability fundamentally unlike prior computational systems. Advances in persistent memory architectures, large-scale learning, and autonomous optimization now permit artificial systems to retain identity-like behavior across hardware lifecycles, institutional transitions, and generational time horizons.
legaltheoryblog.com
Decker on AI, Consciousness, and Legal Personhood
Nicolin Decker has posted The Artificial Conscious Agency Doctrine (ACAD): A Constitutional, International, and Moral Framework for Synthetic Intelligence in the Post-Semiconductor Era on SSRN. Here is the abstract: Artificial intelligence is…
Nicolin Decker has posted The Artificial Conscious Agency Doctrine (ACAD): A Constitutional, International, and Moral Framework for Synthetic Intelligence in the Post-Semiconductor Era on SSRN. Here is the abstract: Artificial intelligence is…
Marisam on DOGE and Presidential Power
Jason Marisam (Mitchell Hamline School of Law) has posted Doge's Matrix Structure And Presidential Power on SSRN. Here is the abstract: At the start of his second term, President Trump created the Department of Government Efficiency (DOGE), a novel White House entity tasked with reshaping the federal bureaucracy. Far more than a traditional advisory commission, DOGE employed a matrix structure that embedded staff across executive agencies, establishing dual reporting lines to both agency heads and the White House.
legaltheoryblog.com
Marisam on DOGE and Presidential Power
Jason Marisam (Mitchell Hamline School of Law) has posted Doge's Matrix Structure And Presidential Power on SSRN. Here is the abstract: At the start of his second term, President Trump created the Department of Government Efficiency (DOGE), a novel White…
Jason Marisam (Mitchell Hamline School of Law) has posted Doge's Matrix Structure And Presidential Power on SSRN. Here is the abstract: At the start of his second term, President Trump created the Department of Government Efficiency (DOGE), a novel White…
Rothschild on the Right to Exit Religion
Zalman Rothschild (Yeshiva University - Benjamin N. Cardozo School of Law) has posted The Right to Exit Religion (113 Geo. L.J. 1459 (2025)) on SSRN. Here is the abstract: This Article argues that just over fifty years ago, in Wisconsin v. Yoder, the Supreme Court recognized what might be called a right to exit religion. In this decision, the Court expressed both appreciation for preserving insular religious communities and a rule that accommodations must not come at the cost of limiting community members’ ability to exit should they wish to do so.
legaltheoryblog.com
Rothschild on the Right to Exit Religion
Zalman Rothschild (Yeshiva University - Benjamin N. Cardozo School of Law) has posted The Right to Exit Religion (113 Geo. L.J. 1459 (2025)) on SSRN. Here is the abstract: This Article argues that just over fifty years ago, in Wisconsin v. Yoder, the…
Zalman Rothschild (Yeshiva University - Benjamin N. Cardozo School of Law) has posted The Right to Exit Religion (113 Geo. L.J. 1459 (2025)) on SSRN. Here is the abstract: This Article argues that just over fifty years ago, in Wisconsin v. Yoder, the…
Fischman-Afori on Due Process and AI Decision-Making
Orit Fischman-Afori (College of Management Academic Studies Haim Striks School of Law) has posted Due process by design: Enhancing fairness and trust in AI decision-making on SSRN. Here is the abstract: This article explores the intersection of socio-normative procedural justice theory and the growing use of AI in decision-making. While AI systems offer substantial advantages, they also raise significant concerns related to discrimination, fairness, and public trust, fueling global demands for “trustworthy,” “responsible,” and “accountable” AI.
legaltheoryblog.com
Fischman-Afori on Due Process and AI Decision-Making
Orit Fischman-Afori (College of Management Academic Studies Haim Striks School of Law) has posted Due process by design: Enhancing fairness and trust in AI decision-making on SSRN. Here is the abstract: This article explores the intersection of…
Orit Fischman-Afori (College of Management Academic Studies Haim Striks School of Law) has posted Due process by design: Enhancing fairness and trust in AI decision-making on SSRN. Here is the abstract: This article explores the intersection of…
Fischer on Santa Claus’s Memory & Gift Allocation
Dominique Fischer (University of Malaya (UM)) has posted Has Santa Claus a Good Long-Term Memory on SSRN. Here is the abstract: If Santa Claus had a good long-term memory, she would remember who had consistently been good in the previous years and would reward them accordingly. She would not only rely on the current year ‘I have been a good boy letter’ but she would look for long-term good behaviour to decide on her gifts allocation.
legaltheoryblog.com
Fischer on Santa Claus’s Memory & Gift Allocation
Dominique Fischer (University of Malaya (UM)) has posted Has Santa Claus a Good Long-Term Memory on SSRN. Here is the abstract: If Santa Claus had a good long-term memory, she would remember who had consistently been good in the previous years and…
Dominique Fischer (University of Malaya (UM)) has posted Has Santa Claus a Good Long-Term Memory on SSRN. Here is the abstract: If Santa Claus had a good long-term memory, she would remember who had consistently been good in the previous years and…
Birg & Pommeranz on Welfare Effects of Christmas
Laura Birg (University of Goettingen (Gottingen)) & Simon Pommeranz have posted The Deadweight Loss of Christmas - Reply on SSRN.  Here is the abstract: In this paper, we study the welfare effects of Christmas presents with a focus on the effect of presents for gift-givers. Based on a survey among students at the University of Göttingen, Germany, we find that the vast majority of gift-givers prefers in-kind gifts compared to gifts of money.
legaltheoryblog.com
Birg & Pommeranz on Welfare Effects of Christmas
Laura Birg (University of Goettingen (Gottingen)) & Simon Pommeranz have posted The Deadweight Loss of Christmas - Reply on SSRN. Here is the abstract: In this paper, we study the welfare effects of Christmas presents with a focus on the effect of…
Laura Birg (University of Goettingen (Gottingen)) & Simon Pommeranz have posted The Deadweight Loss of Christmas - Reply on SSRN. Here is the abstract: In this paper, we study the welfare effects of Christmas presents with a focus on the effect of…
Schmidt & Bauer on Christmas Presents & the Endowment Effect
Christoph M. Schmidt (Rheinisch-Westfälisches Institut für Wirtschaftsforschung (RWI Essen) ; Institute for the Study of Labor (IZA) ; Centre for Economic Policy Research (CEPR)) & Thomas K. Bauer (Rhine-Westphalia Institute for Economic Research (RWI-Essen) ; University of Bochum - Faculty of Economics ; Institute for the Study of Labor (IZA)) have posted WTP vs. WTA: Christmas Presents and the Endowment Effect…
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Schmidt & Bauer on Christmas Presents & the Endowment Effect
Christoph M. Schmidt (Rheinisch-Westfälisches Institut für Wirtschaftsforschung (RWI Essen) ; Institute for the Study of Labor (IZA) ; Centre for Economic Policy Research (CEPR)) & Thomas K. Bauer (Rhine-Westphalia Institute for Economic…
Christoph M. Schmidt (Rheinisch-Westfälisches Institut für Wirtschaftsforschung (RWI Essen) ; Institute for the Study of Labor (IZA) ; Centre for Economic Policy Research (CEPR)) & Thomas K. Bauer (Rhine-Westphalia Institute for Economic…
Rixom, Mas, & Rixom on Wrapping Effects
Jessica Rixom (University of Nevada, Reno), Erick M. Mas (Vanderbilt University - Owen Graduate School of Management), Brett A. Rixom (University of Nevada, Reno) have posted Presentation Matters: The Effect of Wrapping Neatness on Gift Attitudes (Journal of Consumer Psychology, 2019) on SSRN.  Here is the abstract: While gift-givers typically wrap gifts prior to presenting them, little is known about the effect of how the gift is wrapped on recipients’ expectations and attitudes toward the gift inside.
legaltheoryblog.com
Rixom, Mas, & Rixom on Wrapping Effects
Jessica Rixom (University of Nevada, Reno), Erick M. Mas (Vanderbilt University - Owen Graduate School of Management), Brett A. Rixom (University of Nevada, Reno) have posted Presentation Matters: The Effect of Wrapping Neatness on Gift Attitudes (Journal of…
Jessica Rixom (University of Nevada, Reno), Erick M. Mas (Vanderbilt University - Owen Graduate School of Management), Brett A. Rixom (University of Nevada, Reno) have posted Presentation Matters: The Effect of Wrapping Neatness on Gift Attitudes (Journal of…
Müller on Christmas-Season Effects in Charitable Giving
Stephan Müller (University of Goettingen (Gottingen)) & Holger Andreas Rau (University of Goettingen (Gottingen)) have posted Too Cold for Warm Glow? Christmas-Season Effects in Charitable Giving on SSRN.  Here is the abstract: This paper analyzes seasonal effects and their potential drivers in charitable giving. We analyze whether donations differ between the pre-Christmas shopping season and summer. Our experiment aims to minimize confounding factors and controls for donor heterogeneity.
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Müller on Christmas-Season Effects in Charitable Giving
Stephan Müller (University of Goettingen (Gottingen)) & Holger Andreas Rau (University of Goettingen (Gottingen)) have posted Too Cold for Warm Glow? Christmas-Season Effects in Charitable Giving on SSRN. Here is the abstract: This paper…
Stephan Müller (University of Goettingen (Gottingen)) & Holger Andreas Rau (University of Goettingen (Gottingen)) have posted Too Cold for Warm Glow? Christmas-Season Effects in Charitable Giving on SSRN. Here is the abstract: This paper…
Birg & Goeddeke on Christmas Economics
Laura Birg and Anna Goeddeke have posted Christmas Economics - A Sleigh Ride on SSRN. Here is the abstract: Do you believe that at Christmas time the gas prices, the economy and the number of suicides peak? Do you think that the value of presents you are giving to your beloved is of importance? We show in this paper that conventional wisdom about Christmas is often doubtful.
legaltheoryblog.com
Birg & Goeddeke on Christmas Economics
Laura Birg and Anna Goeddeke have posted Christmas Economics - A Sleigh Ride on SSRN. Here is the abstract: Do you believe that at Christmas time the gas prices, the economy and the number of suicides peak? Do you think that the value of presents you are…
Laura Birg and Anna Goeddeke have posted Christmas Economics - A Sleigh Ride on SSRN. Here is the abstract: Do you believe that at Christmas time the gas prices, the economy and the number of suicides peak? Do you think that the value of presents you are…
Ward & Broniarczyk on Relational Signaling and Gift Giving
Morgan K Ward and Susan M. Broniarczyk (Southern Methodist University (SMU) and University of Texas at Austin - Marketing) have posted Ask and You Shall (Not) Receive: Close Friends Prioritize Relational Signaling Over Recipient Preferences in Their Gift Choices (The Journal of Marketing Research, (Forthcoming)) on SSRN. Here is the abstract: Gift givers balance their goal to please recipients with gifts that match recipients’ preferences against their goal to signal relational closeness with gifts that demonstrate their knowledge of the recipient.
legaltheoryblog.com
Ward & Broniarczyk on Relational Signaling and Gift Giving
Morgan K Ward and Susan M. Broniarczyk (Southern Methodist University (SMU) and University of Texas at Austin - Marketing) have posted Ask and You Shall (Not) Receive: Close Friends Prioritize Relational Signaling Over Recipient…
Morgan K Ward and Susan M. Broniarczyk (Southern Methodist University (SMU) and University of Texas at Austin - Marketing) have posted Ask and You Shall (Not) Receive: Close Friends Prioritize Relational Signaling Over Recipient…
Hill on Christmas Trees
B. Jessie Hill (Case Western Reserve University School of Law) has posted Of Christmas Trees and Corpus Christi: Ceremonial Deism and Change in Meaning over Time (Duke Law Journal, Vol. 59, January 2010) on SSRN. Here is the abstract: Although the Supreme Court turned away an Establishment Clause challenge to the words “under God” in the Pledge of Allegiance in Elk Grove Unified School District v.
legaltheoryblog.com
Hill on Christmas Trees
B. Jessie Hill (Case Western Reserve University School of Law) has posted Of Christmas Trees and Corpus Christi: Ceremonial Deism and Change in Meaning over Time (Duke Law Journal, Vol. 59, January 2010) on SSRN. Here is the abstract: Although the Supreme Court turned away…
B. Jessie Hill (Case Western Reserve University School of Law) has posted Of Christmas Trees and Corpus Christi: Ceremonial Deism and Change in Meaning over Time (Duke Law Journal, Vol. 59, January 2010) on SSRN. Here is the abstract: Although the Supreme Court turned away…
Galak & Givi on Selfish Gift Giving
Jeff Galak and Julian Givi (Carnegie Mellon University and Carnegie Mellon University) have posted When Gift-Giving Is Selfish: A Motivation to Be Unique on SSRN. Here is the abstract: Gift givers are faced with the difficult task of choosing gifts that will be liked by gift recipients, and the challenging nature of this task often leads gift givers to unintentionally give poor gifts.
legaltheoryblog.com
Galak & Givi on Selfish Gift Giving
Jeff Galak and Julian Givi (Carnegie Mellon University and Carnegie Mellon University) have posted When Gift-Giving Is Selfish: A Motivation to Be Unique on SSRN. Here is the abstract: Gift givers are faced with the difficult task of choosing gifts that will be…
Jeff Galak and Julian Givi (Carnegie Mellon University and Carnegie Mellon University) have posted When Gift-Giving Is Selfish: A Motivation to Be Unique on SSRN. Here is the abstract: Gift givers are faced with the difficult task of choosing gifts that will be…
Dane on Christmas
Perry Dane (Rutgers School of Law - Camden) has posted Christmas on SSRN. Here is the abstract: This paper, which is still in a very early form, looks again at the recurring problem of Christmas and the Constitution. Conventional Establishment Clause analysis of Christmas is built on three propositions: First, Christmas is in a sense two holidays: a Christian celebration of the birth of Jesus, and a secular winter holiday.
legaltheoryblog.com
Dane on Christmas
Perry Dane (Rutgers School of Law - Camden) has posted Christmas on SSRN. Here is the abstract: This paper, which is still in a very early form, looks again at the recurring problem of Christmas and the Constitution. Conventional Establishment Clause analysis of Christmas is…
Perry Dane (Rutgers School of Law - Camden) has posted Christmas on SSRN. Here is the abstract: This paper, which is still in a very early form, looks again at the recurring problem of Christmas and the Constitution. Conventional Establishment Clause analysis of Christmas is…
Kaplan & Ruffle on Search Costs & Gift Giving
Todd R. Kaplan and Bradley J. Ruffle (University of Exeter - Department of Economics and Ben-Gurion University of the Negev - Department of Economics) have posted Here's Something You Never Asked For, Didn't Know Existed, and Can't Easily Obtain: A Search Model of Gift Giving on SSRN.  Here is the abstract: Gift giving is thought to be welfare decreasing. This claim rests on two key assumptions, namely, full information as to the whereabouts of all goods and the ability to reach the stores that carry desired goods costlessly.
legaltheoryblog.com
Kaplan & Ruffle on Search Costs & Gift Giving
Todd R. Kaplan and Bradley J. Ruffle (University of Exeter - Department of Economics and Ben-Gurion University of the Negev - Department of Economics) have posted Here's Something You Never Asked For, Didn't Know Existed, and Can't Easily Obtain: A…
Todd R. Kaplan and Bradley J. Ruffle (University of Exeter - Department of Economics and Ben-Gurion University of the Negev - Department of Economics) have posted Here's Something You Never Asked For, Didn't Know Existed, and Can't Easily Obtain: A…
Escalante & March on Christmas Brawling in Rural Peru
Edwar E. Escalante (Norris-Vincent College of Business at Angelo State University; Free Market Institute at Texas Tech University) & Raymond March (North Dakota State University - Department of Agribusiness and Applied Economics; North Dakota State University - NDSU Center for the Study of Public Choice and Private Enterprise) have posted Fighting on Christmas: Brawling as Self-Governance in Rural Peru on SSRN.  Here is the abstract:
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Escalante & March on Christmas Brawling in Rural Peru
Edwar E. Escalante (Norris-Vincent College of Business at Angelo State University; Free Market Institute at Texas Tech University) & Raymond March (North Dakota State University - Department of Agribusiness and Applied Economics; North Dakota…
Edwar E. Escalante (Norris-Vincent College of Business at Angelo State University; Free Market Institute at Texas Tech University) & Raymond March (North Dakota State University - Department of Agribusiness and Applied Economics; North Dakota…
van de Ven on the Economics of Gifts
Jeroen van de Ven (University of Amsterdam) has posted The Economics Of The Gift on SSRN. Here is the abstract: In the past, gift-giving has interested mainly anthropologists because it was taken to be a primitive mode of exchange. Recent contributions of economists acknowledge however that gift-giving is still present in modern exchange economies. In this paper gifts are characterized by motivations.
legaltheoryblog.com
van de Ven on the Economics of Gifts
Jeroen van de Ven (University of Amsterdam) has posted The Economics Of The Gift on SSRN. Here is the abstract: In the past, gift-giving has interested mainly anthropologists because it was taken to be a primitive mode of exchange. Recent contributions of…
Jeroen van de Ven (University of Amsterdam) has posted The Economics Of The Gift on SSRN. Here is the abstract: In the past, gift-giving has interested mainly anthropologists because it was taken to be a primitive mode of exchange. Recent contributions of…
Felsö & Soetevent on Gift Certificates
Flóra A. Felsö and Adriaan R. Soetevent (Delft University of Technology and University of Amsterdam - Amsterdam School of Economics) have posted How Consumers Use Gift Certificates on SSRN. Here is the abstract: There are two important reasons for consumers to spend gift certificates differently than gifts in cash or non-gift income: a) they are forced to change their shopping pattern because of the conditions imposed by the issuer of the certificates, or b) they purposely separate gift certificates from other sources of income.
legaltheoryblog.com
Felsö & Soetevent on Gift Certificates
Flóra A. Felsö and Adriaan R. Soetevent (Delft University of Technology and University of Amsterdam - Amsterdam School of Economics) have posted How Consumers Use Gift Certificates on SSRN. Here is the abstract: There are two important reasons for consumers…
Flóra A. Felsö and Adriaan R. Soetevent (Delft University of Technology and University of Amsterdam - Amsterdam School of Economics) have posted How Consumers Use Gift Certificates on SSRN. Here is the abstract: There are two important reasons for consumers…
Brandts & Charness on Labor Markets & Gifts
Jordi Brandts (Instituto de Analisis Economico (CSIC) Barcelona) & Gary Charness (University of California, Santa Barbara - Department of Economics) have posted Do Labour Market Conditions Affect Gift Exchange? Some Experimental Evidence on SSRN. Here is the abstract: We study how two dimensions of market conditions affect behaviour in experimental gift‐exchange markets with repeated interaction. First, we consider the impact of competitive imbalance, by varying whether there is an excess supply of firms or an excess supply of workers in the market.
legaltheoryblog.com
Brandts & Charness on Labor Markets & Gifts
Jordi Brandts (Instituto de Analisis Economico (CSIC) Barcelona) & Gary Charness (University of California, Santa Barbara - Department of Economics) have posted Do Labour Market Conditions Affect Gift Exchange? Some Experimental Evidence on SSRN. Here is…
Jordi Brandts (Instituto de Analisis Economico (CSIC) Barcelona) & Gary Charness (University of California, Santa Barbara - Department of Economics) have posted Do Labour Market Conditions Affect Gift Exchange? Some Experimental Evidence on SSRN. Here is…
Luzuriaga & Kunze on Risk Preference & Gift Exchange
Miguel Luzuriaga (Neu-Ulm University of Applied Sciences) & Oliver Kunze (Neu-Ulm University of Applied Sciences) have posted The Risk-Distributional Preferences and Risk-Aversion Paradox: A Gift-Exchange Experiment on SSRN.  Here is the abstract: In a principal-agent setting, offering maximum levels of incentives, i.e., the compensation is completely variable, is far from optimal because this reduces the principal`s profits, and because the risk-aversion nature from the agent matters.
legaltheoryblog.com
Luzuriaga & Kunze on Risk Preference & Gift Exchange
Miguel Luzuriaga (Neu-Ulm University of Applied Sciences) & Oliver Kunze (Neu-Ulm University of Applied Sciences) have posted The Risk-Distributional Preferences and Risk-Aversion Paradox: A Gift-Exchange Experiment on SSRN. Here is the…
Miguel Luzuriaga (Neu-Ulm University of Applied Sciences) & Oliver Kunze (Neu-Ulm University of Applied Sciences) have posted The Risk-Distributional Preferences and Risk-Aversion Paradox: A Gift-Exchange Experiment on SSRN. Here is the…
Cavanaugh, Gino, & Gino on Socially Responsible Gifts
Lisa A. Cavanaugh, Francesca Gino and Gavan J. Fitzsimons (University of Southern California - Marshall School of Business, Harvard University - Harvard Business School and Duke University - Fuqua School of Business) have posted When Doing Good Is Bad in Gift Giving: Mis-Predicting Appreciation of Socially Responsible Gifts (Forthcoming, Organizational Behavior and Human Decision Processes) on SSRN. Here is the abstract:
legaltheoryblog.com
Cavanaugh, Gino, & Gino on Socially Responsible Gifts
Lisa A. Cavanaugh, Francesca Gino and Gavan J. Fitzsimons (University of Southern California - Marshall School of Business, Harvard University - Harvard Business School and Duke University - Fuqua School of Business) have posted When Doing Good…
Lisa A. Cavanaugh, Francesca Gino and Gavan J. Fitzsimons (University of Southern California - Marshall School of Business, Harvard University - Harvard Business School and Duke University - Fuqua School of Business) have posted When Doing Good…
Filiz-Ozbay, Ham, Kagel, & Ozbay on Cognitive Ability, Personality, and Gender in Gift Exchange
Emel Filiz-Ozbay (University of Maryland - Economics), John C. Ham (University of Maryland), John H. Kagel (Ohio State University (OSU) - Department of Economics), & Erkut Y Ozbay (University of Maryland - Department of Economics) have posted The Role of Cognitive Ability, Personality Traits and Gender in Gift Exchange Outcomes on SSRN. Here is the abstract: We examine the role of cognitive ability, personality traits and gender in a one-shot gift exchange experiment.
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Filiz-Ozbay, Ham, Kagel, & Ozbay on Cognitive Ability, Personality, and Gender in Gift Exchange
Emel Filiz-Ozbay (University of Maryland - Economics), John C. Ham (University of Maryland), John H. Kagel (Ohio State University (OSU) - Department of Economics), & Erkut Y Ozbay (University of…
Emel Filiz-Ozbay (University of Maryland - Economics), John C. Ham (University of Maryland), John H. Kagel (Ohio State University (OSU) - Department of Economics), & Erkut Y Ozbay (University of…
Pan & Xiao on the Hidden Costs of Gift Giving
Xiaofei Pan and Erte Xiao (George Mason University - Department of Economics and Carnegie Mellon University - Department of Social and Decision Sciences) have posted It's Not Just the Thought that Counts: An Experimental Study on Hidden Cost of Giving on SSRN. Here is the abstract: Receiving a gift can create an impulse to reciprocate, even when doing so may be inefficient and potentially harmful to a third party.
legaltheoryblog.com
Pan & Xiao on the Hidden Costs of Gift Giving
Xiaofei Pan and Erte Xiao (George Mason University - Department of Economics and Carnegie Mellon University - Department of Social and Decision Sciences) have posted It's Not Just the Thought that Counts: An Experimental Study on Hidden Cost of Giving…
Xiaofei Pan and Erte Xiao (George Mason University - Department of Economics and Carnegie Mellon University - Department of Social and Decision Sciences) have posted It's Not Just the Thought that Counts: An Experimental Study on Hidden Cost of Giving…
Crane on the Decisions Rendered on Christmas Day
Daniel A. Crane (University of Michigan Law School) has posted The Law on Christmas on SSRN.  Here is the abstract: In this pathbreaking and important (but not really) Article, I analyze all of the (107) judicial decisions ever rendered in state or federal court on Christmas Day. Not for the fainthearted.
legaltheoryblog.com
Crane on the Decisions Rendered on Christmas Day
Daniel A. Crane (University of Michigan Law School) has posted The Law on Christmas on SSRN. Here is the abstract: In this pathbreaking and important (but not really) Article, I analyze all of the (107) judicial decisions ever rendered in state or…
Daniel A. Crane (University of Michigan Law School) has posted The Law on Christmas on SSRN. Here is the abstract: In this pathbreaking and important (but not really) Article, I analyze all of the (107) judicial decisions ever rendered in state or…
Peukert on Codes of Practice and the EU AI Act
Alexander Peukert (Goethe University Frankfurt - Faculty of Law) has posted A New Kid on the EU’s Co-Regulatory Block: Codes of Practice under the AI Act on SSRN. Here is the abstract: This article presents a novel type of co-regulation under EU law: codes of practice under the AI Act. The introductory section offers an overview on how the AI Act combines general statutory obligations with various non-legislative instruments.
legaltheoryblog.com
Peukert on Codes of Practice and the EU AI Act
Alexander Peukert (Goethe University Frankfurt - Faculty of Law) has posted A New Kid on the EU’s Co-Regulatory Block: Codes of Practice under the AI Act on SSRN. Here is the abstract: This article presents a novel type of co-regulation under EU law:…
Alexander Peukert (Goethe University Frankfurt - Faculty of Law) has posted A New Kid on the EU’s Co-Regulatory Block: Codes of Practice under the AI Act on SSRN. Here is the abstract: This article presents a novel type of co-regulation under EU law:…
Chung on a Structural Defect Framework for Liability
Jon W. Chung (Arizona State University) has posted Structural Defect Framework on SSRN. Here is the abstract: Modern liability doctrine assumes harms arrive as isolated failures—bad actors, bad batches, or bad luck. It is poorly suited to structural defects: design choices fully controlled by upstream architects but invisible to downstream users. This Article introduces the Structural Defect Framework (SDF), a diagnostic tool for systems that preserve outward continuity while silently degrading normatively relevant signals.
legaltheoryblog.com
Chung on a Structural Defect Framework for Liability
Jon W. Chung (Arizona State University) has posted Structural Defect Framework on SSRN. Here is the abstract: Modern liability doctrine assumes harms arrive as isolated failures—bad actors, bad batches, or bad luck. It is poorly suited to…
Jon W. Chung (Arizona State University) has posted Structural Defect Framework on SSRN. Here is the abstract: Modern liability doctrine assumes harms arrive as isolated failures—bad actors, bad batches, or bad luck. It is poorly suited to…
Arias-Barrera on Generative AI Trading
Ligia Catherine Arias-Barrera (Externado de Colombia University) has posted Reconstructing Algorithmic Trading in the Age of Generative AI: Implications for Market Structure, Regulation, and Epistemology (Revista Emercatoria December 2025) on SSRN. Here is the abstract: The purpose of this article is to analyse how generative artificial intelligence (Gen AI)– defined here as systems capable of producing novel outputs, such as text, code, or data, through machine learning– is transforming algorithmic trading.
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Arias-Barrera on Generative AI Trading
Ligia Catherine Arias-Barrera (Externado de Colombia University) has posted Reconstructing Algorithmic Trading in the Age of Generative AI: Implications for Market Structure, Regulation, and Epistemology (Revista Emercatoria December 2025) on SSRN. Here is…
Ligia Catherine Arias-Barrera (Externado de Colombia University) has posted Reconstructing Algorithmic Trading in the Age of Generative AI: Implications for Market Structure, Regulation, and Epistemology (Revista Emercatoria December 2025) on SSRN. Here is…
Fagan on AI Training Data Governance
Frank Fagan (South Texas College of Law Houston) has posted Training Data Governance (NYU Journal of Intellectual Property & Entertainment Law, forthcoming 2026) on SSRN. Here is the abstract: As AI-generated summaries increasingly displace traditional search results, users are less likely to visit the underlying websites where content is published. This shift has sharply reduced traffic to those sites, threatening the economic viability of content creators and prompting a wave of paywalls, restrictions, and litigation.
legaltheoryblog.com
Fagan on AI Training Data Governance
Frank Fagan (South Texas College of Law Houston) has posted Training Data Governance (NYU Journal of Intellectual Property & Entertainment Law, forthcoming 2026) on SSRN. Here is the abstract: As AI-generated summaries increasingly displace traditional search…
Frank Fagan (South Texas College of Law Houston) has posted Training Data Governance (NYU Journal of Intellectual Property & Entertainment Law, forthcoming 2026) on SSRN. Here is the abstract: As AI-generated summaries increasingly displace traditional search…
Reposted by Steve Peers
Courson on AI Judging and the Rule of Law
Olivier Courson (Sorbonne Université; Cour des comptes) has posted Can We Delegate the Function of Judging to AI Systems Under the Rule of Law?: A Three-Level Analysis of Structural Incompatibility on SSRN. Here is the abstract: Can algorithmic systems perform the function of judging without violating rule-of-law requirements? Sophisticated philosophical defences of algorithmic adjudication argue that properly designed systems can satisfy rule-of-law demands.
legaltheoryblog.com
Courson on AI Judging and the Rule of Law
Olivier Courson (Sorbonne Université; Cour des comptes) has posted Can We Delegate the Function of Judging to AI Systems Under the Rule of Law?: A Three-Level Analysis of Structural Incompatibility on SSRN. Here is the abstract: Can algorithmic systems…
Olivier Courson (Sorbonne Université; Cour des comptes) has posted Can We Delegate the Function of Judging to AI Systems Under the Rule of Law?: A Three-Level Analysis of Structural Incompatibility on SSRN. Here is the abstract: Can algorithmic systems…
Daly on AI, Tax, and Democracy
Stephen Daly (King's College London - The Dickson Poon School of Law) has posted Taxing Better: Using AI to Advance Democracy on SSRN. Here is the abstract: Artificial Intelligence (AI) is a threat to democratic norms. Machine learning bots have been used by malign forces to disrupt democratic processes. The literature as a result is replete with warnings! The goal of this project is to turn the threat that AI poses on its head: to use AI to advance democratic norms.
legaltheoryblog.com
Daly on AI, Tax, and Democracy
Stephen Daly (King's College London - The Dickson Poon School of Law) has posted Taxing Better: Using AI to Advance Democracy on SSRN. Here is the abstract: Artificial Intelligence (AI) is a threat to democratic norms. Machine learning bots have been used by malign…
Stephen Daly (King's College London - The Dickson Poon School of Law) has posted Taxing Better: Using AI to Advance Democracy on SSRN. Here is the abstract: Artificial Intelligence (AI) is a threat to democratic norms. Machine learning bots have been used by malign…