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Tuesday Tips: New and Noteworthy on SSRN

Neil Duxbury

The General Law Renaissance and the Common Law

Abstract

Of late, there has emerged an important body of legal scholarship sympathetically reassessing the concept of “general law” – unwritten legal norms discoverable by courts. This article shows that these reassessments run up against a problem when the general law in question is common law. The problem arises from a question: what makes common law valid as law in the first place? In England, the answer is that common-law … Read the rest

Supreme Court

The morning read for Tuesday, March 11

Each weekday, we select a short list of news articles and commentary related to the Supreme Court. Here’s the Tuesday morning read:

Supreme Court seems intent on taking small steps in dealing with challenges to Trump’s agenda (Mark Sherman & Lindsay Whitehurst, The Associated Press)
Aftershocks of Supreme Court’s Immunity Ruling Echo in New Trump Cases (Adam Liptak, The New York Times)
The Court Shouldn’t Bruen-ize the Free Exercise Clause (Michael McConnell, Douglas Laycock, Stephanie Barclay, & Mark

… Read the rest

Supreme Court

The morning read for Tuesday, Feb. 11

Each weekday, we select a short list of news articles and commentary related to the Supreme Court. Here’s the Tuesday morning read:

Trump, Vance and Musk take aim at the courts as judges halt some of 2nd term agenda (Alexandra Hutzler, ABC News)
State v. state battles over abortion laws are coming to a head – and likely will end up at the Supreme Court (Tierney Sneed, CNN)
SCOTUS case involving St. Isidore, state charter school board will be

… Read the rest

Supreme Court

The morning read for Tuesday, Dec. 24

Each weekday, we select a short list of news articles and commentary related to the Supreme Court. Here’s the Tuesday morning read:

What Would the Founders Have Thought About TikTok and Online Porn? (Adam Liptak, The New York Times)
SCOTUS case threatens rural health broadband aid (Chelsea Cirruzzo & Ben Leonard, Politico)
Supreme Court Cert Report December 2024 (Adam Feldman, Legalytics)
The Supreme Court’s Christmas Gift to Religious-Right Lawyers (Madison Pauly, Mother Jones)
Supreme Court justices hid billionaire gifts

… Read the rest

Supreme Court

The morning read for Tuesday, Dec. 17

Each weekday, we select a short list of news articles and commentary related to the Supreme Court. Here’s the Tuesday morning read:

The Supreme Court just took up its first religion case of the year. It could add 6 more. (Kelsey Dallas, The Deseret News)
Supreme Court declines to hear challenge to California’s strict vehicle emissions rules (John Fritze & Ella Nilsen, CNN)
Supreme Court stays out of Peter Navarro’s fight to keep emails from first Trump administration (Maureen

… Read the rest

Supreme Court

The morning read for Tuesday, Nov. 19

Each weekday, we select a short list of news articles and commentary related to the Supreme Court. Here’s the Tuesday morning read:

U.S. Supreme Court will not review St. Clair capital murder case (Ralph Chapoco, Alabama Reflector)
US Supreme Court rejects appeal over patent validity in Postal Service case (Blake Brittain, Reuters)
Would Trump’s Justices Approve His Recess Appointments? (Jed Rubenfeld, The Wall Street Journal)
FDR’s Compliant Justices (Jed S. Rakoff, The New York Review of Books)
‘This is

… Read the rest

Supreme Court

The morning read for Tuesday, Nov. 5

The court is still in session on Election Day with oral arguments this morning in Advocate Christ Medical Center v. Becerra and E.M.D. Sales v. Carrera. Security has been increased around the building. Each weekday, we select a short list of news articles and commentary related to the Supreme Court. Here’s the Tuesday morning read:

SCOTUS punts on review of standard that helped mentally disabled man avoid death penalty (Ryan Knappenberger & Kelsey Reichmann, Courthouse News Service)
Billions

… Read the rest

Supreme Court

The morning read for Tuesday, Oct. 22

Each weekday, we select a short list of news articles and commentary related to the Supreme Court. Here’s the Tuesday morning read:

Supreme Court Clean Air Fight Could Pry Disputes From Washington (Jennifer Hijazi & Shayna Greene, Bloomberg Law)
A frustrated Supreme Court to look at one version of judge shopping (Nina Totenberg, NPR)
Reforms at the U.S. Supreme Court: Where do Harris and Trump stand? (Ashley Murray, Georgia Recorder)
First openly transgender lawyer to argue at US Supreme

… Read the rest