Introduction Law students begin to encounter the concept of a "standard of review" early in the first year. That's not surprising. First-year law students read appellate cases, and every appellate ...

Michael L. Smith (University of Oklahoma - College of Law) has posted Ethics and Originalism (16 St. Mary's Journal on Legal Malpractice & Ethics (Forthcoming 2026)) on SSRN. Here is the abstract: ...

Stuart Ford (University of Illinois Chicago School of Law) has posted We the People of the United States: The Source of the Constitution's Authority on SSRN. Here is the abstract: The Preamble is ...

Brian Lipshutz (University of Chicago - Law School) has posted Bypassing Agency Adjudication on SSRN. Here is the abstract: This Article examines the contested practice of bypassing agency ...

Sebastian Lewis (University of Surrey) has posted Precedent on SSRN. Here is the abstract: This entry explains the concept and practice of precedent in law. It distinguishes between binding and ...

Jonathan Crowe (University of Southern Queensland - School of Law and Justice) has posted The Evolution of Natural Law (in Wojciech Zaluski, Sacha Bourgeois-Gironde and Adam Dyrda (eds), Research ...

Pamela Barmash (Washington University) has posted Role of the Posek (Rabbinic Decisor) in Halakhah (Jewish Law) (Hesed V’Emet Nashaku: Loving Kindness and Truth Embraced The Life and Thought of Rabbi ...

Michael Showalter has posted Establishment Clause Legislative History Is Not the Law: The Misguided Search for Original Subjective Intent (Federalist Society Review, forthcoming) on SSRN. Here is the ...

Robert Post (Yale University - Law School) has posted Misunderstanding University Speech: The Woodward Committee Report on SSRN. Here is the abstract: The 1974 Woodward Committee Report at Yale ...

Michael L. Smith (University of Oklahoma - College of Law) has posted Holistic Constitutional Interpretation (24 Georgetown Journal of Law & Public Policy (Forthcoming 2026) on SSRN. Here is the ...

Introduction When studying constitutional law, students are likely to be exposed to the idea that interpretation of the United States Constitution may include reference to what are sometimes called ...

The Download of the Week is Interim Orders, the Presidency, and Judicial Supremacy by Jack Landman Goldsmith. Here is the abstract: This essay analyzes the eighteen interim orders concerning Trump ...