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Academic

Legal Theory Blog

Thoughts about current developments in normative legal theory and jurisprudence.
By Larry Solum

Post Frequency: 67.6/day

Last Entry: April 01, 2011 at 13:55:00

Kang on Stereotyping of Men & Equal Protection

Posted on August 19, 2010
John M. Kang (St. Thomas University School of Law) has posted The Burdens of Manliness (Harvard Journal of Law and Gender, Vol. 33, p. 477, 2010) on SSRN. Here is the abstract: Considering the countless forms of discrimination that men...

Epstein on Intangible Property & IP Law

Posted on August 19, 2010
Richard A. Epstein (University of Chicago - Law School) has posted What is So Special about Intangible Property? The Case for Intelligent Carryovers on SSRN. Here is the abstract: One of the major controversies in modern intellectual property law is....

Wood on Punishment Nonconsequentialism

Posted on August 19, 2010
David Alan Russell Wood (University of Melbourne - Law School) has posted Punishment: Nonconsequentialism (Philosophy Compass, Volume 5/6, 2010) on SSRN. Here is the abstract: A companion to ?Punishment: Consequentialism?, and also ?Punishment: The Future?, this paper examines various nonconsequentialist...

Samaha on FCC v. Pacifica

Posted on August 19, 2010
Adam Samaha (University of Chicago - Law School) has posted The Story of FCC v. Pacifica Foundation (And Its Second Life) (FIRST AMENDMENT STORIES, Richard Garnett, Andrew Koppelman, eds., Foundation Press, 2010) on SSRN. Here is the abstract: This chapter...

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Singh on Ehrlich on 'Living Law' & Legal Pluralism

Posted on August 19, 2010
Sahib Singh (University of Vienna, Faculty of Law) has posted Eugen Ehrlich's 'Living Law' and its Legacy for Legal Pluralism on SSRN. Here is the abstract: This short comment paper evaluates Ehrlich's contribution to the modern and powerful legal theory...

Slobogin on Robinson on Empirical Desert

Posted on August 19, 2010
Christopher Slobogin (Vanderbilt Law School) has posted Some Hypotheses About Empirical Desert (Arizona State Law Journal, Forthcoming) on SSRN. Here is the abstract: Paul Robinson has written a series of articles advocating the view that empirical desert should govern development...

Rodriguez on State Constitutions & Judicial Review

Posted on August 18, 2010
Daniel B. Rodriguez (University of Texas at Austin - School of Law) has posted State Constitutionalism and the Scope of Judicial Review (NEW FRONTIERS OF STATE CONSTITUTIONAL LAW, James Gardner, James Rossi, eds., Oxford, 2010) on SSRN. Here is the...

Muniz-Fraticelli on Shachar on Birthright Citizenship

Posted on August 18, 2010
Victor M. Muniz-Fraticelli (McGill University) has posted When Too Much Isn't Enough on SSRN. Here is the abstract: Despite its methodological and substantive merit, Ayelet Shachar?s argument in The Birthright Lottery is problematic first, because the analogy between entailed property...

Hahn on Assumption of Executory Contracts

Posted on August 18, 2010
David Hahn (Bar Ilan University, Faculty of Law) has posted The Internal Logic of Assumption of Executory Contracts on SSRN. Here is the abstract: Executory contracts are a pivotal element of bankruptcy, forming some of the most vital economic values...

Hasen on the Prop 8 Case Stay Order

Posted on August 18, 2010
Check out Reading the Tea Leaves on the Ninth Circuit?s Stay Order in the Proposition 8 Case by Rick Hasen on the ACS Blog! Here is a taste: [O]ne reason why the Ninth Circuit's decision on the stay is not...

Shamir on the Distributive Effects of Family Care Policies

Posted on August 18, 2010
Hila Shamir (Tel Aviv University - Buchmann Faculty of Law) has posted The State of Care: Rethinking the Distributive Effects of Familial Care Policies in Liberal Welfare States (American Journal of Comparative Law, Forthcoming) on SSRN. Here is the abstract:...

Top Ten Books in Corporate Governance

Posted on August 18, 2010
Check out Top Ten Books in Corporate Governance from J.W. Verret on Truth on the Market.

Snow on Fair Use

Posted on August 18, 2010
Ned Snow (University of Arkansas at Fayetteville - School of Law) has posted The Forgotten Right of Fair Use on SSRN. Here is the abstract: Free speech was once an integral part of copyright law; today it is all but...

Debeljak on the National Human Rights Consultation Committee in Australia

Posted on August 18, 2010
Julie Debeljak (Monash University - Faculty of Law) has posted Submission to the National Consultation on Human Rights on SSRN. Here is the abstract: This submission to the National Human Rights Consultation Committee addresses in turn the three questions posed...

Schouten on the Efficiency of Shareholder Voting

Posted on August 17, 2010
Michael C. Schouten (University of Amsterdam, Faculty of Law; University of Cambridge - Centre for Business Research) has posted The Mechanisms of Voting Efficiency on SSRN. Here is the abstract: In the wake of the financial crisis, shareholders are increasingly...

Tsai on Breslin on Constitutional Functionality

Posted on August 17, 2010
Robert L. Tsai (American University - Washington College of Law) has posted Book Review of Beau Breslin's, 'From Words to Worlds: Exploring Constitutional Functionality' (Perspectives on Politics, Vol. 9) on SSRN. Here is the abstract: This is a review of...

Chafetz on LaCroix on the Ideological Origins of American Federalism

Posted on August 17, 2010
Josh Chafetz (Cornell Law School) has posted Multiplicity in Federalism and the Separation of Powers (Yale Law Journal, Forthcoming) on SSRN. Here is the abstract: Alison LaCroix?s new book, ?The Ideological Origins of American Federalism,? offers an insightful and compelling...

Valauri on Aristotle & Philosophy of Law

Posted on August 17, 2010
John T. Valauri (Northern Kentucky University - Salmon P. Chase College of Law) has posted Dialectical Jurisprudence: Aristotle and the Concept of Law on SSRN. Here is the abstract: This article offers a therapy for modern analytic legal philosophy?s bipolar...

Gallanis on Victorian Reform of Civil Litigation

Posted on August 17, 2010
Thomas P. Gallanis (University of Iowa - College of Law) has posted Victorian Reform of Civil Litigation in the Superior Courts of Common Law (WITHIN A REASONABLE TIME: THE HISTORY OF DUE AND UNDUE DELAY IN CIVIL LITIGATION, C.H. van...

Bernstein on Reparations, Microfinance, and Gender

Posted on August 17, 2010
Anita Bernstein (Brooklyn Law School) & Hans Dieter Seibel have posted Reparations, Microfinance, Gender: A Plan, With Strategies for Implementation (Cornell International Law Journal, Vol. 44, No. 1, 2011) on SSRN. Here is the abstract: In separate writings the authors...

Bandes on the Persistence of the Death Penalty

Posted on August 16, 2010
Susan A. Bandes (DePaul University - College of Law) has posted The Heart Has its Reasons: Examining the Strange Persistence of the American Death Penalty (CRIMINAL LAW CONVERSATIONS, Paul Robinson, Stephen Garvey, and Kimberly Kessler Ferzan, eds., Oxford University Press,...

Lund on Judicial Restraint & McDonald v. Chicago

Posted on August 16, 2010
Nelson Lund (George Mason University School of Law) has posted Two Faces of Judicial Restraint (Or Are There More?) in McDonald v. Chicago on SSRN. Here is the abstract: ?Judicial restraint? and its counterpart ?judicial activism? are widely regarded as...

Strang on Originalism & Popular Constitutionalism

Posted on August 16, 2010
Lee J. Strang (University of Toledo College of Law) has posted Originalism as Popular Constitutionalism?: It Depends on SSRN. Here is the abstract: In this Article, I accomplish two goals: first, I briefly describe the rise of popular constitutionalism as...

Fletcher on American Indian Tribes & Constitutional Authority

Posted on August 16, 2010
Matthew L. M. Fletcher (Michigan State University College of Law) has posted Consent and Resistance: The Modern Struggle between American Indian Tribes and the United States on SSRN. Here is the abstract: After a few years of late 19th century...

Brescia on Municipality Standing & Private Harms

Posted on August 16, 2010
Raymond H. Brescia (Albany Law School) has posted On Public Plaintiffs and Private Harms: The Standing of Municipalities in Climate Change, Firearms and Financial Crisis Litigation (Notre Dame Journal of Law, Ethics & Public Policy, Vol. 24, p. 7, 2010)...

Legal Theory Lexicon: Utilitarianism

Posted on August 15, 2010
Introduction This installment of the Legal Theory Lexicon is an introduction to utilitarian moral and political philosophy tailored to law students (especially first-year law students) with an interest in legal theory. Law students learn early on that classroom discussion of...

Choudhary, Schloetzer, & Sturgess on Top-Tier Law Firms & Corporate Disclosure

Posted on August 14, 2010
Preeti Choudhary , Jason D. Schloetzer and Jason Sturgess (Georgetown University, Georgetown University and Georgetown University - Robert Emmett McDonough School of Business) have posted Top-Tier Law Firms and Corporate Disclosure: Evidence from Regulatory Noncompliance on SSRN...

Legal Theory Bookworm

Posted on August 14, 2010
The Legal Theory Bookworm recommends Rousseau: A Free Community of Equals by Joshua Cohen. Here is a description: In famously beautiful and laconic prose, Jean-Jacques Rousseau presents us with a forceful picture of a democratic society, in which we live...

Download of the Week

Posted on August 14, 2010
The Download of the Week is The Original Sense of "Of" in the Privileges or Immunities Clause by Christopher R. Green. Here is the abstract: The key term in the Privileges or Immunities Clause--"No State shall make or enforce any...

More on Empirical Legal Scholarship

Posted on August 13, 2010
Posts from Josh Wright & David Hoffman. Here is a taste of Wright's post: [A]n inherent suspicion of empirical work I think lies beneath much of the conclusion that the work is of low quality. Professor Bainbridge gets at some...

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