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The Latest Breaking News from SSRN

My New Article "Immigration is Not Invasion"

It comprehensively explains why illegal migration and drug smuggling do not qualify as "invasion" under the Constitution and the Alien Enemies Act of 1798.

Reason

Zionism and Title VI

How campus antidiscrimination law might apply to campus protests.

Reason

Draft Chapters on Education and Corporate Law for the Forthcoming Routledge Handbook of Classical Liberalism

The education chapter is written by Williamson Evers, and the corporate law chapter by Robert T. Miller.

Reason

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Revised Versions of Articles on "The Constitutional Case Against Exclusionary Zoning" and "Land Use Regulation" Now Available

Revised versions of both publications are now up on SSRN.

Reason

Final Published Version of My Article "A Lost Opportunity to Protect Democracy Against Itself: What the Supreme Court Got Wrong in Trump v. Anderson"

It is now available on SSRN. The article critiques the Supreme Court's decision in the Trump Section 3 disqualification case.

Reason

My Forthcoming Article "A Lost Opportunity to Protect Democracy Against Itself: What the Supreme Court Got Wrong in Trump v. Anderson"

The forthcoming Cato Supreme Court Review article is now available on SSRN. It critiques the Supreme Court's decision in the Trump Section 3 disqualification case.

Reason

Israel's war on Gaza destroying climate

"This report lays bare the hypocrisy of Western nations who moralize about the perils of climate breakdown"

Salon

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Three Bad Ideas about Race in America

My forthcoming article, Three Bad Ideas about Race in America, has been posted on SSRN. Here is the abstract: In this Essay, prepared for a symposium honoring Brown v. Board of Education's seventieth anniversary, I examine and critique three influential propositions regarding race promoted by some academic theorists and pundits.…

Reason

Is Congress A "Backstop"?

[Note: This is the tenth and hopefully the last – at least for now; we won't promise that we won't ever write more on this topic! – in a series of essays responding to objections that have been made to enforcing Section Three of the Constitution. The first nine essays…

Reason

Professor Mark Graber responds to Blackman & Tillman on the 1868 Louisville Daily Journal

In response to the "new source" described in Josh's recent post (and Tillman's recent amicus brief, and earlier in this short SSRN piece by John Connolly) Professor Mark Graber writes at Balkinization: Eureka Not: The President is an Officer of the United States Redux, Redux . . . Mark Graber…

Reason

Written Version of My Talk on "How Federalism Promotes Unity Through Diversity"

This speech, which I gave at a Federalist Society conference, is now available in a written version on SSRN. It will be published by the Harvard Journal of Law and Public Policy.

Reason

Call for Papers: Free Speech and Civil and Social Progress

Request for Paper Proposals Snapshot: Voices for Liberty, an initiative of the Liberty & Law Center at the Antonin Scalia Law School, seeks to examine the ways in which free speech propels civil and social progress. Authors are invited to submit proposals for original articles that will ultimately appear in…

Reason

Beyond Textualism? on SSRN

A few months ago I linked to a lecture called "Beyond Textualism?" that I gave at Harvard Law School in the "Scalia Lecture" series -- on what the core insight of textualism is and how we might extend it even in cases where the text itself is silent. I now…

Reason

Ordinary Meaning as Last Resort

I appreciate this opportunity to guest blog on the Volokh Conspiracy about my latest article, posted on SSRN a few weeks ago, entitled Ordinary Meaning as Last Resort: The Meaning of "Undue Hardship" in Title VII. This is the first of two posts and will focus on the first half…

Reason

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Abortion and Religious Liberty—New Amicus Brief and Article

Recently, the Jewish Coalition for Religious Liberty submitted an amicus brief in the Indiana Court of Appeals. This case presents a RFRA-based challenge to the state's abortion laws. I co-authored the brief with my colleague, Howard Slugh. We are grateful to Zechariah Yoder who served as our local counsel. I…

Reason

Call for Papers: Free Speech, Civil Rights & Social Progress

Voices for Liberty: Free Speech, Civil Rights & Social Progress Submission: December 31, 2022 — 5 p.m. EST Priority Deadline Paper proposals must be submitted by December 31, 2022, for full consideration and will be considered after the priority deadline on a rolling basis. All proposals should include a summary…

Reason

My New Book Chapter on "Top-Down and Bottom-Up Solutions to the Problem of Political Ignorance""

It is now available for download on SSRN. The chapter is part of a forthcoming volume on "The Epistemology of Democracy," edited by Hana Samaržija and Quassim Cassam.

Reason

Prof. John Harrison: Courts Are Not Agencies

This is the fifth and last in in a series of posts summarizing an article titled Remand Without Vacatur and the Ab Initio Invalidity of Unlawful Regulations in Administrative Law, which is forthcoming in the BYU Law Review. The current draft is available on SSRN. These posts, and the article…

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Reason

Prof. John Harrison: Do Statutes Offering Pre-Enforcement Review Support Remand Without Vacatur?

This is the fourth in a series of posts summarizing an article titled Remand Without Vacatur and the Ab Initio Invalidity of Unlawful Regulations in Administrative Law, which is forthcoming in the BYU Law Review. The current draft is available on SSRN. Earlier posts described the doctrine of remand without…

Reason

Prof. John Harrison: More Reasons Unlawful Regulations Are Void Ab Initio

This is the third in a series of posts summarizing an article titled Remand Without Vacatur and the Ab Initio Invalidity of Unlawful Regulations in Administrative Law, which is forthcoming in the BYU Law Review. The current draft is available on SSRN. Regulations that are unlawful as that term is…

Reason

Prof. John Harrison: Are Unlawful Regulations Void When Issued?

This is the second in a series of posts summarizing an article titled Remand Without Vacatur and the Ab Initio Invalidity of Unlawful Regulations in Administrative Law, which is forthcoming in the BYU Law Review. The current draft is available on SSRN. As the previous post explained, most of the…

Reason

Team Libertarian Report from National Constitution Center "Restoring the Guardrails of Democracy" Project Now Available on SSRN

I coauthored the report with Clark Neily and Walter Olson, both of the Cato Institute.

Reason

SSRN Restores Academic Publication Despite Threat of Defamation Claim

Professor Lipton's article, "Capital Discrimination" is back up on SSRN, despite the efforts of Philip Shawe's attorneys.

Reason

SSRN Removes Academic Paper Due to Defamation Claim

A paper by Professor Ann Lipton has been deplatformed because Philip R. Shawe does not like how it portrays his actions in a business dispute, and now a law review may refuse to publish the piece.

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