Jessica M. Silbey (Boston University – School of Law) has posted A Matter of Facts: The Evolution of Copyright’s Fact-Exclusion and Its Implications for Disinformation and Democracy on SSRN. Here is the abstract:
The Article begins with a puzzle: the curious absence of an express fact-exclusion from copyright protection in both the Copyright Act and
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Mutua on Locke and Democracy
Makau W. Mutua (SUNY Buffalo Law School) has posted The Fraud of John Locke: Subnational Challenges to Democratic Theory (In Comparative Election Law (James A. Gardner, ed. Edward Elgar Publishing 2022)) on SSRN. Here is the abstract:
In this chapter, I focus my attention on some of the most poignant limitations of the idea and…
Tillman & Blackman on Baude and Paulsen on Section Three of the Fourteenth Amendment
Seth Barrett Tillman (National University of Ireland, Maynooth (NUI Maynooth) – Faculty of Law) & Josh Blackman (South Texas College of Law Houston) have posted Sweeping and Forcing the President into Section 3: A Response to William Baude and Michael Stokes Paulsen on SSRN. Here is the abstract:
Does the full “sweep and force” of Section…
Charlotin on Large Language Models and Legal Practice
Damien Charlotin (HEC, Paris) has posted Large Language Models and the Future of Law on SSRN. Here is the abstract:
Large Language Models (LLMs) have crashed into the scene in late 2022, with ChatGPT in particular bringing to the mainstream what has before this remained within the domain of the initiates. This paper introduces the…
Segessenmann, Stadelmann, Davison, & Dürr on Deep Learning and the Humanities
Jan Segessenmann (University of Fribourg), Thilo Stadelmann (Zurich University of Applied Sciences), Andrew Davison (Faculty of Divinity), & Oliver Dürr (University of Fribourg) have posted Assessing Deep Learning: A Work Program for the Humanities in the Age of Artificial Intelligence on SSRN. Here is the abstract:
Following the success of deep learning (DL) in research, we are now…
Al-Rawi on Domestic Violence and Bruen
Jordan Al-Rawi (USC Gould School of Law) has posted The Case for Relaxing Bruen’s Historical Analogues Test: Rahimi, 18 U.S.C. §922(g)(8), and Domestic Violence Regulation in Colonial and Post-Enactment America (Berkeley Journal of Gender, Law & Justice, Forthcoming) on SSRN. Here is the abstract:
The Supreme Court’s grant of certiorari to review United States v.…
Adler on Standing Without Injury-in-Fact
Legal Theory Lexicon: Overlapping Consensus & Incompletely Theorized Agreements
Introduction
As law students become more sophisticated, they begin to notice that certain debates seem to repeat themselves over and over again. Disagreements about disparate subjects–in procedure, criminal law, torts, property, and constitutional law–frequently seem to turn on the really big questions of ethics and political theory. On the one hand, the proponents of inviolate…
Legal Theory Bookworm: "Feminist Human Rights" by Hessler
The Legal Theory Bookworm recommends Feminist Human Rights: A Political Approach by Kristen Hessler. Here is a description:
In Feminist Human Rights: A Political Approach, Kristen Hessler argues that the proper task of philosophical human rights theory is to theorize the multiple, contested moral visions of human rights that animate the practice itself. Drawing on a broadly…
Download of the Week: "Law as Architecture" by Rohde & Parra-Herrera
Dan Rohde (Harvard University, Harvard Law School, Harvard University, Harvard Law School, Students) & Nicolas Parra-Herrera (Harvard University – Harvard Law School) have posted Law as Architecture: Mapping Contingency and Autonomy in Twentieth-Century Legal Historiography (Journal of Law and Political Economy, Vol. 3, No. 3, 2023) on SSRN. Here is the abstract:
This article addresses the…