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11/21/2018

More from Will Foster on Janus v. AFSCME
Michael Ramsey

Will Foster (whose article I noted in this post), writes:

On August 3, 2018, I posted my paper "Why Janus Is Indefensible on Neutral Principles" on SSRN. My paper was subsequently featured on the Originalism Blog on August 9. In both the SSRN abstract and the blog post, I clearly identified myself as a high school student. 
 
Several weeks later, SSRN temporarily removed my paper from their site because I needed to "clarify [my] organizational affiliation and title," as well as state the "purpose [for which] this paper was written." I responded promptly with the required clarifications, but it took more than two weeks -- even with a follow-up email on my part -- for SSRN to restore the paper. Nevertheless, once it was restored I figured I was finally done with any SSRN craziness. Unfortunately, I was wrong. 
 
On October 8, I received an email from SSRN, out of the blue, stating that "high school-level papers are not eligible for inclusion in the SSRN eLibrary and are not accepted." Sure enough, the abstract link no longer worked when I tried it. No explanation was given for why it took SSRN two months to inform me of this supposed policy. 
 
In any event, here is the link to a public Google Doc of my article that you all can access:
 
 
Note that this version is different from the version I originally posted on SSRN -- I added a number of paragraphs throughout August in response to early comments and criticisms I received. 
 
That said, I am working on some brief but significant revisions and qualifications regarding my main argument, which I hope to be able to share with you on this blog within the next few weeks. Several law review articles I've read this fall have inspired me to reconsider some of the basic contentions in my paper. So stay tuned!