Tomer Kenneth

My article "The Nature of a Precedent's Error" is now out in Jurisprudence. In it I set out a theory of "egregiously erroneous" precedents, suggesting that they involve a special sort of moral error. Here it is: tandfonline.com/eprint/ACUTP2M…

Bob Bauer, Sam Issacharoff, and I have launched The Democracy Project at NYU. We begin with a series of 100 essays in 100 days from US and international figures of diverse ideological views and experiences. Our first 3 essays now live are highly provocative, from Frances Lee, Randy Kennedy, and Nick Bagley.

Mukherjee on the Right to Education, buff.ly/0JzIfI1 - Gaurav Mukherjee (University of Connecticut - School of Law; New York University School of Law; University of Melbourne - Asian Law Centre) has posted The Right to Education: Reconciling Liberty & Equality (The Oxford Handbook on Economic and Social Rights (Katharine Young and Malcolm Langford eds., 2025)) on SSRN.

@alexnunn On the bright side, it seems to really (really!) care about your feedback

AI may have not yet attained PhD-level intelligence, but it absolutely nails the PhD-candidate-working-on-their-dissertation vibe.

Excited to share my new paper, In Defense of Factual Precedents, forthcoming @UChiLRev When courts determine general facts - like recidivism rates or historical facts - I argue that they should rely on presumptive factual precedents 🔗papers.ssrn.com/sol3/papers.cf…

Kenneth on Factual Precedents, buff.ly/ywOzlWC - Tomer Kenneth (University of Southern California Gould School of Law; New York University (NYU) - Information Law Institute) has posted In Defense of Factual Precedents (93 University of Chicago Law Review (forthcoming)) on SSRN.

@ShimonNataf @yaromeir נשמע מגניב. כשיש לך גרסה לשיתוף שלח, אשמח להעיף מבט

@TomerKenneth @yaromeir יש פה נקודה מעניינת שאני קצת נוגע בה במחקר הנוכחי שלי. אני מנסה לנסח הגדרה חדשה למשפט הארטיאני שמשלבת פקטור ריאלי, בהתבסס על דאנקן. מאד מעניין.

Our paper--Challenging the State’s Claim to Authority-- is officially published and open access in Law & Philosophy! @yaromeir and I explore the relationship between states' normative claims and their de-facto power Check it out here: link.springer.com/article/10.100…

It was wonderful to discuss Kevin Clermont's book, "A General Theory of Evidence & Proof," with great scholars from around the world 📚🎉 Thanks everyone for a rich conversation about the role of logic in decision-making about facts. & Special thanks to our incredible panelists!

@goldbergnaama @USCGouldLaw Of course!

@TomerKenneth @USCGouldLaw Thanks Tomer! This looks fascinating! I'm teaching my undergrad PPE students about the standard of truth in law during class tomorrow. Can I invite them to this event?

Looking for a fresh perspective about how we form beliefs in truths? About how courts decide facts? Join us online as we discuss Kevin Clermont's new book--A General Theory of Evidence and Proof! April 23rd, 9 am PST RSVP: usc.zoom.us/meeting/regist… @USCGouldLaw

@alexnunn @ProfRobAnderson Luckily in my case, good things come to those who wait

@ProfRobAnderson You joke but . . . (sorry @TomerKenneth!)

One of the most important habits of a conscientious professor toward the end of the semester is to start going through some of your emails from the past several months and responding to them.

Excited to share my article with the brilliant @yaromeir, forthcoming in Law & Philosophy! We explore the dynamics of state's authority. We argue that, alongside legitimacy, authority also depends on power--power that is constantly being challenged... papers.ssrn.com/sol3/papers.cf…

@JoePTomlinson @jed_meers Very cool! @NeliFrost and @kat_geddes might also be interested in this one

this is huge if true. Default rule governance is one of the last bastions of nudge based rulemaking after the replication crisis.

Adams on Criteria of Legal Validity, lsolum.typepad.com/legaltheory/20…

@ASFleischman Is there a link you can share to this video?

Giving that kind of unruffled response doesn't just look good to the jury, it actively discourages frivolous objections. Very powerful.

Max Schardt giving a masterclass today in dealing with objections. Does not interrupt his flow of questioning at all.

Another paper alert 📣 Delighted that my paper on the need for global regulation of Big Tech is finally out in the @NYUJILP! nyujilp.org/wp-content/upl… #goingglobal

I'm so excited to join this great community 🥳🥳 Go Trojans!

... It lies, especially, in the particular ways in which administrative competence is executed and expertise in public decision-making is operationalized. Put differently, publicness in this context is more about normativity and less about legality."

"Publicness [...]emerges not only as a requirement for publicity (making decisions transparent), nor exclusively as a quality of law or as a demand for standards applicable downstream to the interactions between public decision-makers and those affected by their decisions...

This is a great piece! As is usually the case, @NeliFrost she made me think a bit differently - this time about what makes public decision-making public