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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

Blocher on Reverse Incorporation of State Constitutional Law

Posted on August 09, 2010
Joseph Blocher (Duke Law School) has posted Reverse Incorporation of State Constitutional Law on SSRN. Here is the abstract: State supreme courts and the United States Supreme Court are the independent and final arbiters of their respective constitutions, and may...

Johnstone on the Constitutional Initiative in Montana

Posted on August 09, 2010
Anthony Johnstone (Montana Department of Justice; University of Montana School of Law) has posted The Constitutional Initiative in Montana (Montana Law Review, Vol. 71, p. 325, 2010) on SSRN. Here is the abstract: The constitutional initiative power provided in 1972...

Cantu on Posnerian Legal Pragmatism

Posted on August 09, 2010
Edward Cantu has posted The Path of Posner?s Pragmatism on SSRN. Here is the abstract: It is no secret that formalist methodologies like originalism are not nearly as scientific as they pretend to be. Banking on this fact, pragmatism offers...

New on the Stanford Encyclopedia of Philosophy

Posted on August 09, 2010
Carl Schmitt by Larx Vinx. It occurs to me that many readers of LTB will not be familiar with Schmitt, the brilliant German constitutional theorist who became associated with the Nazis. If you are interested in the relationship between popular...

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Steiner on Exploitation

Posted on August 09, 2010
Courtesy of Philosophy Bites, Listen to Hillel Steiner on Exploitation.

Charles on McDonald v. City of Chicago & the Standard of Review

Posted on August 09, 2010
Patrick J. Charles has posted The Second Amendment Standard of Review after McDonald: 'Historical Guideposts' and the Missing Arguments in McDonald v. City of Chicago (Akron Law Journal of Constitutional Law and Policy, Forthcoming) on SSRN. Here is the abstract:...

Becher & Zarsky on Rights to Withdraw from Contracts

Posted on August 09, 2010
Shmuel I. Becher (College of Management) & Tal Zarsky (University of Haifa - Faculty of Law) have posted Open Doors, Trap Doors and the Law (Law and Contemporary Problems, Forthcoming) on SSRN. Here is the abstract: Common wisdom teaches us...

Legal Theory Lexicon: The Prisoner's Dilemma

Posted on August 08, 2010
Introduction One of the most useful tools in analyzing legal rules and the policy problems to which they apply is game theory. The basic idea of game theory is simple. Many human interactions can be modeled as games. To use...

Liang & Minelli on Substance Use & Transplant Candidates

Posted on August 07, 2010
Bryan A. Liang and Erin Minelli (Institute of Health Law Studies, California Western School of Law and Institute of Health Law Studies, California Western School of Law) have posted Transplant Candidates and Substance Use: Adopting Rational Health Policy for Resource...

Legal Theory Bookworm

Posted on August 07, 2010
The Legal Theory Bookworm recommends Why Some Things Should Not Be for Sale: The Moral Limits of Markets by Debra Satz. Here is a description: A rigorous and pertinent inquiry into the relationship between morality and markets and the need...

Download of the Week

Posted on August 07, 2010
The Download of the Week is Ambiguity and Vagueness in Legal Interpretation by Ralf Poscher. Here is the abstract: Vagueness and ambiguity are key problems in theories of legal interpretation. The article first delimits vagueness and ambiguity and sets it...

Guerrero on the Rationality of Voting

Posted on August 06, 2010
Alexander A. Guerrero (New York University School of Law) has posted The Paradox of Voting and the Ethics of Political Representation (Philosophy and Public Affairs, Vol. 38, No. 3, pp. 272-306, 2010) on SSRN. Here is the abstract: It is...

Smith on the Structural Causes of Mortgage Fraud

Posted on August 06, 2010
James Charles Smith (University of Georgia Law School) has posted The Structural Causes of Mortgage Fraud (Syracuse Law Review, Vol. 60, Forthcoming) on SSRN. Here is the abstract: Mortgage fraud, often a violation of federal and state criminal statutes, covers...

Campbell on Twombly & Iqbal

Posted on August 06, 2010
Ray Worthy Campbell (Peking University School of Transnational Law) has posted Getting a Clue: Two Stage Complaint Pleading as a Solution to the Conley-Iqbal Dilemma (Forthcoming, Penn State Law Review) on SSRN. Here is the abstract: Bell Atlantic Corp...

Bendrath & Mueller on Deep Packet Inspection

Posted on August 06, 2010
Ralf Bendrath and Milton Mueller (Syracuse University - School of Information Studies) have posted The End of the Net as We Know it? Deep Packet Inspection and Internet Governance on SSRN. Here is the abstract: Advances in network equipment now...

Adler on the Clean Water Act

Posted on August 06, 2010
Robert W. Adler (University of Utah - S.J. Quinney College of Law) has posted Resilience, Restoration, and Sustainability: Revisiting the Fundamental Principles of the Clean Water Act (Washington University Journal of Law and Policy, Vol. 32, No. 139, 2010) on...

Bartrum on Shiffrin on Contracts & Promise

Posted on August 06, 2010
Ian C. Bartrum (Drake Law School) has posted Thoughts on the Divergence of Contract and Promise on SSRN. Here is the abstract: This essay offers some brief thoughts on Seana Shiffrin?s recent work regarding the divergence of contractual and promissory...

Alkire on the Capabilities Approach to Poverty

Posted on August 05, 2010
Sabina Alkire (University of Oxford) has posted Choosing Dimensions: The Capability Approach and Multidimensional Poverty on SSRN. Here is the abstract: The capability approach defines poverty as a deprivation of capabilities, as a lack of multiple freedoms people value and...

Kammerhofer on Orakhelashvili on Interpretation in International Law

Posted on August 05, 2010
J�rg Kammerhofer (University of Erlangen-Nuremberg, Department of Law) has posted Book Review: Alexander Orakhelashvili, the Interpretation of Acts and Rules in Public International Law (European Journal of International Law, Vol. 20, pp. 1282-1286, 2009) on SSRN...

Burk on Situated Knowledge & Patent Law

Posted on August 05, 2010
Dan L. Burk (University of California, Irvine School of Law) has posted Do Patents Have Gender? (American University Journal of Gender, Social Policy and the Law, Vol. 18, Forthcoming). Here is the abstract: Patent law offers a set of exclusive...

Moore on Cosmopolitanism

Posted on August 05, 2010
Margaret Moore (Queen's University) has posted Rooted Cosmopolitanism: A Defence of Moderate Cosmopolitanism or Moderate Liberal Nationalism on SSRN. Here is the abstract: This paper argues in favour of the idea of a rooted cosmopolitanism and considers various attempts to...

Gilles on the Supreme Court & Legal Uncertainty

Posted on August 05, 2010
Stephen G. Gilles (Quinnipiac University School of Law) has posted The Supreme Court and Legal Uncertainty (DePaul Law Review, Forthcoming) on SSRN. Here is the abstract: This essay is an outgrowth of a paper presented at the 16th Annual Clifford...

Book Announcement: A Political Philosophy in Public Life by Marti & Pettit

Posted on August 05, 2010
A Political Philosophy in Public Life Civic Republicanism in Zapatero's Spain Jose Luis Marti & Philip Pettit To read the entire book description or a sample chapter, please visit: http://press.princeton.edu/titles/9198.html This book examines an unlikely development in modern political philosophy:...

Gilo, Guttel, & Erez on Optimal Care & Collective Action in Tort Law

Posted on August 05, 2010
David Gilo (Tel Aviv University - Buchmann Faculty of Law), Ehud Guttel (Duke University - School of Law; Hebrew University of Jerusalem - Faculty of Law) & Yuval Erez have posted Negligence, Strict Liability and Collective Action on SSRN. Here...

Adler on Nanotech Labeling

Posted on August 04, 2010
Jonathan H. Adler (Case Western Reserve University School of Law) has posted Labeling the Little Things on SSRN. Here is the abstract: Nanotechnology processes and nanoscale particles are widely used in consumer products. Yet relatively few products containing nanomaterials reveal...

Minneti on Regulation of Environmental Marketing Claims

Posted on August 04, 2010
Jeffrey Minneti (Stetson University College of Law) has posted Is it Too Easy Being Green? A Behavioral Economics Approach to Determining Whether to Regulate Environmental Marketing Claims (Loyola Law Review, New Orleans, Vol. 55, No. 4, p. 653, 2009) on...

Chen on the Racialization & 9/11

Posted on August 04, 2010
Ming Chen (University of California, Berkeley) has posted Alienated: A Reworking of the Racialization Thesis after September 11th (American University Journal of Gender, Social Policy & the Law, Vol. 18, No. 3, p. 101, 2010) on SSRN. Here is the...

Toh on Hart's Expressivism

Posted on August 04, 2010
Kevin Toh (University of Texas Law School) has posted Hart's Expressivism and His Benthamite Project on SSRN. Here is the abstract: The paper argues that H.L.A. Hart conceived internal legal statements as normative statements, and more particularly that he developed...

Shapiro & Burrus on Judicial Takings

Posted on August 04, 2010
Ilya Shapiro (Cato Institute) and Trevor Burrus have posted Judicial Takings and Scalia?s Shifting Sands (Vermont Law Review, Vol. 35, Forthcoming) on SSRN. Here is the abstract: In this article, we examine the background of the judicial takings doctrine, discuss...

Proposition 8 Struck Down

Posted on August 04, 2010
NPR has the AP story here. Ruthann Robson has a quick summary of the opinion on Constitutional Law Prof Blog: Judge Walker finds that there is a "fundamental right to marry" which Proposition 8 burdens in violation of the Due...

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