D'Aspremont on International Lawyers Love for International Organizations
Legal Theory Blog
by Lawrence Solum
6M ago
Jean d'Aspremont (University of Manchester - School of Law; Sciences Po Law School) has posted The Love for International Organizations ((2023) 20 Int Organ Law Rev 111 (forthcoming)) on SSRN.  Here is the abstract: Albeit the object of compelling criticisms in recent decades, international organizations continue to occupy a very central place in the practical, conceptual, cognitive, imaginary, and emotional universe of international lawyers. This article argues that the resilient centrality of international organizations in international legal thought and practice is the manifestati ..read more
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Hofmann on Cyberdelegation and EU Public Law
Legal Theory Blog
by Lawrence Solum
6M ago
Herwig C.H. Hofmann (Universite du Luxembourg; Universite du Luxembourg - Faculty of Law, Economics and Finance) has posted Assessing Cyber-Delegation in European Union Public Law on SSRN.  Here is the abstract: Decision making in EU public law is increasingly supported by automation. Concepts of how to ensure accountability of such automated decision making (ADM) in EU public law are only just evolving. This chapter analyses the potential of applying existing concepts of EU public law, especially those developed in the context of the control of delegated powers, to the empowerment o ..read more
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Guan on Finfluencers and Reasonable Investors
Legal Theory Blog
by Lawrence Solum
6M ago
Sue S. Guan (Santa Clara University School of Law) has posted Finfluencers and the Reasonable Retail Investor (University of Pennsylvania Law Review Online, Forthcoming) on SSRN.  Here is the abstract: Much recent commentary has focused on the dangers of finfluencers. Finfluencers are persons or entities that have outsize impact on investor decisions through social media influence. These finfluencers increasingly drive investing and trading trends in a wide range of asset markets, from stocks to cryptocurrency. They do so because they can provide powerful coordination mechanisms acro ..read more
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Lockman on Climate Law Entrenchment
Legal Theory Blog
by Lawrence Solum
6M ago
Martin Lockman (Sabin Center for Climate Change Law at Columbia Law School) has posted Climate Entrenchment in Unstable Legal Regimes (Northwestern University Law Review, Forthcoming) on SSRN.  Here is the abstract: American climate law is the subject of serious and ongoing debate, and policy change is part of the ordinary process of democratic governance. However, in recent years some policymakers have deliberately undermined climate action by injecting legal instability into American climate law. This Essay addresses a simple question: how can Americans build necessary climate infr ..read more
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Brady & Stern on Intel v. Hamidi and Trespass to Chattles
Legal Theory Blog
by Lawrence Solum
6M ago
Maureen E. Brady (Harvard Law School) & James Y. Stern (William & Mary Law School) have posted Analog Analogies: Intel v. Hamidi and the Future of Trespass to Chattels (J. Tort Law (Forthcoming)) on SSRN.  Here is the abstract: A symposium on great torts cases of the twenty-first century must include Intel Corp. v. Hamidi, the canonical case about whether unwanted e-mail spam sent to a company’s server could give rise to a trespass to chattels claim. While much has been written about Intel, in this Essay, we argue that Intel is as much of a classic for what it reveals ab ..read more
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Muñoz on the Validity of Derivative Contracts
Legal Theory Blog
by Lawrence Solum
6M ago
David Ramos Muñoz (Charles III University of Madrid) has posted The Validity of Derivatives Contracts. Legal Doctrine as a Vehicle of Dialogues over ‘Speculation’ on SSRN.  Here is the abstract: Derivatives contracts are essential for financial markets, and supported by market practice and regulation. And yet, courts in different jurisdictions are recurringly confronted with cases where the claim is that derivatives are ‘void’ or unenforceable. Legal doctrines used in such cases can differ, including ‘capacity’, ‘illegality’, ‘mistake’, ‘causa’ or ‘object’. Yet, this article suggests ..read more
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Paito on Amnesty and Transitional Justice
Legal Theory Blog
by Lawrence Solum
6M ago
Atel Ongee Paito (University of the Western Cape, Students) has posted Reconciling Amnesty Within the Ambit of Transitional Justice on SSRN.  Here is the abstract: In order to gain a clear understanding of the potential and feasibility it holds, the paper will evaluate the amnesty within the discourse of transitional justice. The issue of how to deal with the past in transition is difficult to answer. The latter involves political, historical and societal considerations. The extent of severity of past violations, the prior history of democratic rule of law, the number of victims, who ..read more
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Healy on Generative AI & Social Justice
Legal Theory Blog
by Lawrence Solum
6M ago
Myke Healy (Werklund School of Education, University of Calgary) has posted Approaches to Generative Artificial Intelligence, A Social Justice Perspective on SSRN.  Here is the abstract: In the 2023-2024 academic year, the widespread availability of generative artificial intelligence, exemplified by ChatGPT's 1.6 billion monthly visits, is set to impact academic integrity. With 77% of high school students previously reporting engagement in dishonest behaviour, the rise of AI-driven writing assistance, dubbed 'AI-giarism' by Chan (https://arxiv.org/abs/2306.03358v2), will make plagiar ..read more
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Powell on Disabled Parents and the Child Welfare System
Legal Theory Blog
by Lawrence Solum
6M ago
Robyn Powell (University of Oklahoma - College of Law; Brandeis University - The Heller School for Social Policy and Management) has posted Under the Watchful Eye of All: Disabled Parents and the Family Policing System’s Web of Surveillance (112 California Law Review, Forthcoming) on SSRN.  Here is the abstract: The child welfare system, more accurately referred to as the family policing system, employs extensive surveillance that disproportionately targets marginalized families, subjecting them to relentless oversight. Scholars observe that this ongoing surveillance obstructs effect ..read more
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Baistrocchi on Global Tax Hubs
Legal Theory Blog
by Lawrence Solum
6M ago
Eduardo A. Baistrocchi (London School of Economics - Law School) has posted Global Tax Hubs (Florida Tax Review, Forthcoming) on SSRN.  Here is the abstract: Global tax hubs are the black boxes of the international tax regime (ITR). The driving forces of their strategic interaction with other building blocks of the ITR remain undertheorized. This paper offers the first theory of tax hubs as a two-sided global marketplace. It argues that tax hubs are the matchmakers of the ITR. Indeed, international investors, tax hubs and endpoint jurisdictions play different yet interrelated roles w ..read more
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