The Legal Theory Bookworm recommends America before 1787: The Unraveling of a Colonial Regime by Jon Elster. Here is a description:
An original account, drawing on both history and social science, of the causes and consequences of the American Revolution
With America before 1787, Jon Elster offers the second volume of a projected trilogy that
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Download of the Week: "The Structure and Legal Interpretation of Computer Programs" by Grimmelmann
The Download of the Week is The Structure and Legal Interpretation of Computer Programs by James Grimmelmann. Here is the abstract:
This is an essay about the relationship between legal interpretation and software interpretation, and in particular about what we gain by thinking about computers and programmers as interpreters in the same way that lawyers and judges are…
Gebru on Communal Authorship
Aman Gebru (University of Houston Law Center) has posted Communal Authorship (University of Richmond Law Review, Forthcoming) on SSRN. Here is the abstract:
A literary or artistic expression created by an individual author fits neatly in the copyright system. Many of the rules were developed with the sole author in mind. Thus, copyright law struggles…
Grimmelmann on Legal Interpretation of Computer Programs
James Grimmelmann (Cornell Law School; Cornell Tech) has posted The Structure and Legal Interpretation of Computer Programs (1 Journal of Cross-Disciplinary Research in Computational Law no. 3, art. 19 (2023)) on SSRN. Here is the abstract:
This is an essay about the relationship between legal interpretation and software interpretation, and in particular about what we…
Sachs on Legal and Moral Obligation
Stephen E. Sachs (Harvard Law School) has posted According to Law (Harvard Journal of Law and Public Policy, Forthcoming) on SSRN. Here is the abstract:
What we ought to do, according to law, is not always what we ought to do, given the existence of law. Sometimes we merely wish to know what an existing…
Barzun and Goldberg on "The Nature of the Judicial Process" by Cardozo
Charles L. Barzun (University of Virginia School of Law) & John C. P. Goldberg (Harvard Law School) have posted Introduction: The Nature of the Judicial Process at 100 (Yale Journal of Law and the Humanities) on SSRN. Here is the abstract:
This short essay introduces a symposium issue of the Yale Journal of Law and the…
Sloss on Dobbs and Bruen
David L. Sloss (Santa Clara University – School of Law) has posted Guns, Abortion, and Courts (Santa Clara Law Review, Vol. 56, (Forthcoming)) on SSRN. Here is the abstract:
The Supreme Court decided both Dobbs v. Jackson Women’s Health and New York State Rifle v. Bruen in June 2022. Bruen involves gun rights and incorporation…
Niszczota on Research Co-Created by AI
Paweł Niszczota (Poznań University of Economics and Business – Humans & AI Laboratory (HAI Lab)) & Paul Conway (University of Southampton) has posted Judgments of Research Co-Created by Generative AI: Experimental Evidence on SSRN. Here is the abstract:
The introduction of ChatGPT has fueled a public debate on the use of generative AI (large language models;…
Cope on Experimental Studies on Law's Normative Force
Kevin L. Cope (University of Virginia School of Law) has posted Experimental Studies on the Normative Force of Law on SSRN. Here is the abstract:
An important question in legal theory and policy is when people are willing to put aside their policy preferences to uphold higher-order legal values. That is, when does constitutional or…
Stevenson on Criminal Justice Reform and the Structure of the Social World
Megan T. Stevenson (University of Virginia School of Law) has posted Cause, Effect, and the Structure of the Social World on SSRN. Here is the abstract:
This Essay is built around a central empirical claim: that most reforms and interventions in the criminal legal space are shown to have little lasting effect when evaluated with…