Lawrence Solum
lsolum.bsky.social
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%

Cyphert on AI Regulation

Amy Cyphert (West Virginia University - College of Law) has posted Confronting the Challenges of Regulating Artificial Intelligence (FIU Law Review, volume 20, issue 1, 2025) on SSRN. Here is the abstract: Public opinion polls conclude that the American public is in favor…
Cyphert on AI Regulation
Amy Cyphert (West Virginia University - College of Law) has posted Confronting the Challenges of Regulating Artificial Intelligence (FIU Law Review, volume 20, issue 1, 2025) on SSRN. Here is the abstract: Public opinion polls conclude that the American public is in favor of regulating artificial intelligence (“AI”), and many technology companies publicly claim that they would welcome regulation. And yet the United States has struggled to enact federal comprehensive AI regulations beyond a shortlived Executive Order.
legaltheoryblog.com

Setia & Suri on AI on Fundamental Rights

Aryaman Setia (Panjab University, University Institute of Legal Studies) & Nipun Suri (Panjab University, University Institute of Legal Studies) have posted Evolution of Fundamental Rights in the Era of Artificial Intelligence (Impact of Artificial…
Setia & Suri on AI on Fundamental Rights
Aryaman Setia (Panjab University, University Institute of Legal Studies) & Nipun Suri (Panjab University, University Institute of Legal Studies) have posted Evolution of Fundamental Rights in the Era of Artificial Intelligence (Impact of Artificial Intelligence on Constitutionalism and Rule of Law (Bookwards, 2024), pp. 32 – 49) on SSRN. Here is the abstract: The Fundamental rights have evolved throughout the history with significant impacts of Renaissance, Industrial revolution and Digital revolution.
legaltheoryblog.com

Boruah & Das on Diversity in Personal Laws and Indian Democracy

Jayanta Boruah (Central University of Karnataka) & Junu Das (Dhubri Law College; North Eastern Hill University) have posted Optimizing the Judicial Interventions in Harmonizing the Conflicting Personal Laws for Preserving Indian…
Boruah & Das on Diversity in Personal Laws and Indian Democracy
Jayanta Boruah (Central University of Karnataka) & Junu Das (Dhubri Law College; North Eastern Hill University) have posted Optimizing the Judicial Interventions in Harmonizing the Conflicting Personal Laws for Preserving Indian Democracy on SSRN. Here is the abstract: Democracy stands for the will of the people who are equal, and free from discrimination. A democratic society is based on the principles of egalitarianism.
legaltheoryblog.com

Orbach on Antitrust Expertise

Barak Orbach (University of Arizona) has posted Moderation is the Cure to the Crisis in Antitrust Expertise (ProMarket (Dec. 10, 2024)) on SSRN. Here is the abstract: After decades of relative obscurity, antitrust reentered the public square roughly a decade ago, as…
Orbach on Antitrust Expertise
Barak Orbach (University of Arizona) has posted Moderation is the Cure to the Crisis in Antitrust Expertise (ProMarket (Dec. 10, 2024)) on SSRN. Here is the abstract: After decades of relative obscurity, antitrust reentered the public square roughly a decade ago, as trust in expertise was waning. This essay argues that the resulting “crisis of expertise” in competition policy is driven by motivated reasoning, special interest influence, and populist distrust—forces that reward imprecise and sometimes misleading narratives.
legaltheoryblog.com

Williams on the Decline of Small Claims Courts

Telia Mary U. Williams (South Texas College of Law Houston) has posted The Court of Small Things, The Curse of Legal Superstition: The Precipitous Decline of Small Claims Court, Why it Matters, and What can be Done about it on SSRN. Hereis the…
Williams on the Decline of Small Claims Courts
Telia Mary U. Williams (South Texas College of Law Houston) has posted The Court of Small Things, The Curse of Legal Superstition: The Precipitous Decline of Small Claims Court, Why it Matters, and What can be Done about it on SSRN. Hereis the abstract: This essay addresses the precipitous decline of small claims courts in the United States and argues that their erosion is more than administrative; it is a democratic and constitutional crisis.
legaltheoryblog.com

Chafetz on the Idea of Corruption and Supreme Court Opinions

Josh Chafetz (Georgetown University Law Center) has posted Corruption and the Supreme Court (Yale Journal of Law & the Humanities, Vol. 36, pp. 165-186, 2025) on SSRN. Here is the abstract: Corruption is everywhere at the Supreme Court.…
Chafetz on the Idea of Corruption and Supreme Court Opinions
Josh Chafetz (Georgetown University Law Center) has posted Corruption and the Supreme Court (Yale Journal of Law & the Humanities, Vol. 36, pp. 165-186, 2025) on SSRN. Here is the abstract: Corruption is everywhere at the Supreme Court. The justices routinely rule on what is—and, more frequently, what is not—corrupt. Simultaneously, their off-the-bench behavior has subjected them to a barrage of criticism that they themselves are corrupt, accusations to which they have responded in halting and inconsistent ways.
legaltheoryblog.com

Bell on Presidential Targeting of the Legal Profession

Russell Bell has posted Executive Overreach and the Assault on Judicial Independence: Constitutional Analysis of Presidential Targeting of the Legal Profession on SSRN. Here is the abstract: This study documents a constitutional crisis…
Bell on Presidential Targeting of the Legal Profession
Russell Bell has posted Executive Overreach and the Assault on Judicial Independence: Constitutional Analysis of Presidential Targeting of the Legal Profession on SSRN. Here is the abstract: This study documents a constitutional crisis unfolding in real-time: systematic presidential targeting of law firms represents the first coordinated assault on judicial independence in American history, culminating in documented constitutional violations across First Amendment, Due Process, and Separation of Powers clauses.
legaltheoryblog.com

Zamboni on the Intended Readership of Legislation

Mauro Zamboni (Stockholm University - Faculty of Law) has posted For Whom Should Legislation be Written? Legislative Audiences, Legal Outputs, and Participatory Democracy on SSRN. Here is the abstract: Modern legislation is commonly portrayed as a…
Zamboni on the Intended Readership of Legislation
Mauro Zamboni (Stockholm University - Faculty of Law) has posted For Whom Should Legislation be Written? Legislative Audiences, Legal Outputs, and Participatory Democracy on SSRN. Here is the abstract: Modern legislation is commonly portrayed as a universal instrument addressed equally to all citizens. This article challenges that assumption by arguing that legislative texts are inevitably written for particular audiences and that identifying a primary or “default” addressee is a decisive normative choice in legislative drafting.
legaltheoryblog.com

X & Siddiqui on AI Development and the Global South

Abdullah X & Fiza Siddiqui (Ashoka University) have posted Beyond Universal Metrics: A Global South-Centered Framework for Ethical AI Development on SSRN. Here is the abstract: The rapid deployment of artificial intelligence systems has produced…
X & Siddiqui on AI Development and the Global South
Abdullah X & Fiza Siddiqui (Ashoka University) have posted Beyond Universal Metrics: A Global South-Centered Framework for Ethical AI Development on SSRN. Here is the abstract: The rapid deployment of artificial intelligence systems has produced documented harms disproportionately affecting marginalized communities in the Global South, from algorithmic caste discrimination to exploitative labor practices in AI supply chains. This paper presents a comprehensive ethical framework developed through systematic analysis of empirical research on AI-related harms and existing governance approaches.
legaltheoryblog.com

Ahamed on Minority Rights in the 1978 Sri Lankan Constitution

A.M.Saajith Ahamed has posted Constitutional Entrenchment of Minority Rights in the 1978 Sri Lankan Constitution: A Doctrinal and Comparative Analysis on SSRN. Here is the abstract: This study critically examines the entrenchment of…
Ahamed on Minority Rights in the 1978 Sri Lankan Constitution
A.M.Saajith Ahamed has posted Constitutional Entrenchment of Minority Rights in the 1978 Sri Lankan Constitution: A Doctrinal and Comparative Analysis on SSRN. Here is the abstract: This study critically examines the entrenchment of minority rights within the 1978 Second Republican Constitution of Sri Lanka through a doctrinal and comparative lens. It traces the historical trajectory from the Soulbury Constitution (1947), which contained explicit safeguards such as Section 29(2), to the First Republican Constitution (1972), which abolished them, culminating in the 1978 Constitution’s semi-presidential framework.
legaltheoryblog.com

Alf on Originalism and Partisan Gerrymandering

Kailey Alf (Campbell University - Norman Adrian Wiggins School of Law; Campbell University - Norman Adrian Wiggins School of Law) has posted When the Rulers Choose the People: An Originalist Defense Against Partisan Gerrymandering on SSRN. Here is the…
Alf on Originalism and Partisan Gerrymandering
Kailey Alf (Campbell University - Norman Adrian Wiggins School of Law; Campbell University - Norman Adrian Wiggins School of Law) has posted When the Rulers Choose the People: An Originalist Defense Against Partisan Gerrymandering on SSRN. Here is the abstract: For too long, courts invoking “originalism” have used that doctrine to justify restraint in the face of the very danger the Framers feared most: factional control of representation.
legaltheoryblog.com

Duryea on the Emergency Court of Appeals

Catherine Baylin Duryea (St. John's University School of Law) has posted Emergency Oversight on the FIU Law Review website. Here is the abstract: This Article examines one of the most pressing questions in administrative law: How much judicial oversight…
Duryea on the Emergency Court of Appeals
Catherine Baylin Duryea (St. John's University School of Law) has posted Emergency Oversight on the FIU Law Review website. Here is the abstract: This Article examines one of the most pressing questions in administrative law: How much judicial oversight should administrative agencies face during an emergency? This issue was particularly salient during the COVID epidemic, but it is not new. The Second World War saw a significant expansion and consolidation of the power of administrative agencies as well as experimentation with the appropriate oversight role for courts.
legaltheoryblog.com

Lash on Lyman Trumbull’s Letter to Andrew Johnson

Kurt Lash (University of Richmond School of Law) has posted "Lyman Trumbull's Letter to Andrew Johnson": Authorship, Transcript and Artificial Intelligence on SSRN. Here is the abstract: Somewhere in the Library of Congress, in a box of papers…
Lash on Lyman Trumbull’s Letter to Andrew Johnson
Kurt Lash (University of Richmond School of Law) has posted "Lyman Trumbull's Letter to Andrew Johnson": Authorship, Transcript and Artificial Intelligence on SSRN. Here is the abstract: Somewhere in the Library of Congress, in a box of papers donated by the estate of President Andrew Johnson, is an unsigned and undated document titled “The Civil Rights Bill.” Written sometime in March 1866, it appears to be a letter describing a draft version of the 1866 Civil Rights Bill then pending before Congress.
legaltheoryblog.com

Halil & Kollnig on AI Competition and EU Merger Law

Defne Halil (Maastricht University - Faculty of Law) & Konrad Kollnig (Maastricht University) have posted Big is Not Bad, but Big AI Might Be: EU Merger Law and the Future of AI Competition on SSRN. Here is the abstract: The growing dominance of…
Halil & Kollnig on AI Competition and EU Merger Law
Defne Halil (Maastricht University - Faculty of Law) & Konrad Kollnig (Maastricht University) have posted Big is Not Bad, but Big AI Might Be: EU Merger Law and the Future of AI Competition on SSRN. Here is the abstract: The growing dominance of a few firms in AI increases competition concerns in the EU, as US-based tech firms, specifically Microsoft, Google, Amazon, Nvidia, Meta and Apple (“Big AI”) control critical layers of the AI stack ranging from hardware to applications.
legaltheoryblog.com

Legal Theory Lexicon: Discretion

Introduction Law students are likely to encounter the concept of discretion early in the first year of law school.  Judges make decisions.  Some of these decisions are constrained by law, but others are made in contexts in which the law permits the judge a range of…
Legal Theory Lexicon: Discretion
Introduction Law students are likely to encounter the concept of discretion early in the first year of law school.  Judges make decisions.  Some of these decisions are constrained by law, but others are made in contexts in which the law permits the judge a range of choice or discretion.  Likewise, sometimes executive officials carry out legal duties, but other executive actions are discretionary. 
legaltheoryblog.com

Legal Theory Bookworm: “The Most Powerful Court in the World” by Banner

The Legal Theory Bookworm recommends The Most Powerful Court in the World: A History of the Supreme Court of the United States by Stuart Banner. Here is a description: An authoritative, even-handed, and accessible history of…
Legal Theory Bookworm: “The Most Powerful Court in the World” by Banner
The Legal Theory Bookworm recommends The Most Powerful Court in the World: A History of the Supreme Court of the United States by Stuart Banner. Here is a description: An authoritative, even-handed, and accessible history of the Supreme Court of the United States, the most powerful court in the world and the final arbiter of the world's oldest constitution.
legaltheoryblog.com

Download of the Week: “A Conservative Case Against Originalism” by Den Otter

The Download of the Week is A Conservative Case Against Originalism: The Problem of the Construction Zone and Its Implications by Ronald C. Den Otter. Here is the abstract: The issue with originalism that has generated by…
Download of the Week: “A Conservative Case Against Originalism” by Den Otter
The Download of the Week is A Conservative Case Against Originalism: The Problem of the Construction Zone and Its Implications by Ronald C. Den Otter. Here is the abstract: The issue with originalism that has generated by far the most scholarly interest and controversy over the years concerns how the original meaning can be recovered with enough confidence in a hard constitutional case to justify the outcome.
legaltheoryblog.com

Barata on Transparency and Article 50 of the EU AI Act

Joan Barata (Catholic University of Portugal (UCP) - Catolica Law School Porto) has posted Transparency Obligations for all AI Systems: Article 50 of the AI Act on SSRN. Here is the abstract: The AI Act sets out in its Article 50, transparency…
Barata on Transparency and Article 50 of the EU AI Act
Joan Barata (Catholic University of Portugal (UCP) - Catolica Law School Porto) has posted Transparency Obligations for all AI Systems: Article 50 of the AI Act on SSRN. Here is the abstract: The AI Act sets out in its Article 50, transparency obligations for providers and deployers of certain AI systems, including generative and interactive AI systems and deep fakes. The principle of transparency encompasses a series of obligations, imposed on different actors, in relation to the proper and timely disclosure of information about products and services directly or indirectly provided with the assistance of AI systems, as well as whether a user is interacting with a living being, or with an AI system imitating human or animal characteristics or presenting artificially created objects.
legaltheoryblog.com

Tillman on Peace Between Japan and the United States

Seth Barrett Tillman (National University of Ireland, Maynooth (NUI Maynooth) - Faculty of Law) has posted Conflict—The Emergence of Peace Between Japan and the United States: A Dialogue on SSRN. Here is the abstract: Seth Barrett Tillman,…
Tillman on Peace Between Japan and the United States
Seth Barrett Tillman (National University of Ireland, Maynooth (NUI Maynooth) - Faculty of Law) has posted Conflict—The Emergence of Peace Between Japan and the United States: A Dialogue on SSRN. Here is the abstract: Seth Barrett Tillman, Conflict—The Emergence of Peace Between Japan and the United States: A Dialogue, 70(2) Studia Universitatis Babeş-Bolyai–Studia Europaea / European Studies 135–44 (Dec. 16, 2025) (peer review) (Romania-based journal).
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…
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

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…
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

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…
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

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…
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

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…
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

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…
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

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…
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…
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…
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

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…
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.
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…
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

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…
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