Assistant Professor @brooklynlaw | Fellow @ILI_NYU Previously: JSD @NYULaw (@JSDNYU) | VAP @USCGouldLaw Evidence, Legal & Political Theory, Law & Technology

Joined March 2021
Tomer Kenneth retweeted
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/ACUTP…
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Tomer Kenneth retweeted
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.
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Tomer Kenneth retweeted
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.
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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.…
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Tomer Kenneth retweeted
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.
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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…
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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!
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/register… @USCGouldLaw
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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/register… @USCGouldLaw
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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.…
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Tomer Kenneth retweeted
this is huge if true. Default rule governance is one of the last bastions of nudge based rulemaking after the replication crisis.
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Tomer Kenneth retweeted
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/uploa… #goingglobal
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I'm so excited to join this great community 🥳🥳 Go Trojans!
Welcome Tomer Kenneth (@TomerKenneth) as he joins #USCGould as a Visiting Assistant Professor. His primary research areas include evidence, legal theory, political theory, and law and technology. At USC, Kenneth teaches courses in evidence and judicial decision-making.
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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
My new piece on publicness in public administration and the use of machine learning is finally out! 🧵 Impoverished Publicness of Algorithmic Decision Making academic.oup.com/ojls/articl…
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"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...
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... 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."
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🎉 Launching online today: "Calculating Empires: A Genealogy of Technology and Power since 1500." Dive into our large-scale interactive visualization exploring how technical and social structures co-evolved over five centuries. 🧵 calculatingempires.net/
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Last week I officially joined @USCGouldLaw as a Visiting Assistant professor! Excited to collaborate with this fantastic faculty & engage with students. I'm grateful for my time with the incredible community @nyulaw 🙏 Also: looking for tips on everything LA :)
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New paper with Tim Lau (Federal Judicial Center) "Decisionalizing the problem of reliance on expert and machine evidence", in "Law, Probability and Risk" @OxfordJournals doi.org/10.1093/lpr/mgae007
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Tomer Kenneth retweeted
🚩🚩And… another “new publication” alert from me: Getting Right What’s Wrong with the Major Questions Doctrine is officially out as well—and available here: papers.ssrn.com/sol3/papers.… or here: jtl.columbia.edu/volume-62/t… 1/n
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