Legal Studies Research Paper Series

  • Gerald J. PostemaMatthew Kramer accepts Lon Fuller’s eight standards articulates the core of the rule of law. These standards, he agrees, are internal to law and, taken together, they constitute a “morally cherishable” ideal. But, against Fuller, he insists that the respect in which they are internal to law is not the respect in which they speak the language of moral ideals. The two conceptions offer separable ways of articulating the significance of Fuller’s eight standards. These distinct accounts, Kramer argues, pivot on the shared assumption that individual legal subjects are rational, self-directing agents. Lawgivers acknowledge and assume for their […]
  • John F. Coyle and Robin EffronWho is bound by a forum selection clause? At first glance, the answer to this question may seem obvious. It is black-letter law that a person cannot be bound to an agreement without her consent. In recent years, however, courts have not followed this rule with respect to forum selection clauses. Instead, they routinely enforce these clauses against individuals who never signed the contract containing the clause. Courts justify this practice on the grounds that it promotes litigation efficiency by bringing all of the litigants together in the chosen forum. There are, however, problems with […]
  • Anne Klinefelter and Sam WrigleyAs the United States considers preemptive federal privacy law, the discussion can be enriched by a reassessment of the EU example as illustrated in a 2019 decision at the European Court of Justice. The General Data Protection Regulation that took effect in 2018 is often described as an important model for unifying and centralizing data protection law in order to provide consistent protections of rights. But the Google LLC v. CNIL decision highlights that the EU law did not in fact create a monolithic system without room for Member State variation.This Article takes a close look […]
  • F. Andrew Hessick and Carissa Byrne HessickMost criminal law is statutory. Although the violation of criminal statutes can result in significantly more serious consequences than violations of other types of statutes, the dominant theories of statutory interpretation do not distinguish between criminal statutes and non-criminal statutes. They say that, when interpreting statutes, courts should always be faithful agents aiming to implement the will of the legislature, and that task does not change depending on whether the statute is criminal.This Article shows that treating the interpretation of criminal statutes the same way as other statutes is a major departure from the […]