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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

Desai on Thaler & Sunstein on Libertarian Paternalism

Posted on July 13, 2010
Anuj C. Desai (University of Wisconsin Law School) has posted Libertarian Paternalism, Externalities, and the ?Spirit of Liberty?: How Thaler and Sunstein are Nudging Us Toward an ?Overlapping Consensus? (Law and Social Inquiry, Vol. 36, No. 1, 2011) on SSRN...

Lister on Consent & Legitimation in International Law

Posted on July 13, 2010
Matthew J. Lister (University of Pennsylvania Law School) has posted The Legitimating Role of Consent in International Law (Chicago Journal of International Law, Forthcoming) on SSRN. Here is the abstract: According to many traditional accounts, one important difference between international...

Case on Nussbaum on Sexual Orientation & Constitutional Law

Posted on July 13, 2010
Mary Anne Case (University of Chicago Law School) has posted A Lot to Ask: Review Essay of Martha Nussbaum's ?From Disgust to Humanity: Sexual Orientation and Constitutional Law? (Columbia Journal of Gender and Law, Vol. 19, 2010) on SSRN. Here...

Haack on James on Individuals & History

Posted on July 13, 2010
Susan Haack (University of Miami - School of Law) has posted The Differences that Make a Difference: William James on the Importance of Individuals (European Journal of Pragmatism and American Philosophy, Vol. 2, p. 1, 2010) on SSRN. Here is...

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Hollis on Treaties in the Supreme Court

Posted on July 13, 2010
Duncan B. Hollis (Temple University - James E. Beasley School of Law) has posted Treaties in the Supreme Court, 1861-1900 (THE U.S. SUPREME COURT AND INTERNATIONAL LAW: CONTINUITY OR CHANGE? W. Dodge, M. Ramsey & D. Sloss, eds., Cambridge University....

Raz on Cohen on Justice

Posted on July 12, 2010
Joseph Raz (Columbia Law School and University of Oxford - Faculty of Law) has posted Rescuing Jerry from (Basic) Principles on SSRN. Here is the abstract: I will say something on two or three related but distinct topics. First, something...

Ryan on Federalism & Katrina

Posted on July 12, 2010
Erin Ryan (William & Mary Law School) has posted How the New Federalism Failed Katrina Victims (LAW AND RECOVERY FROM DISASTER: HURRICANE KATRINA, Robin Malloy & John Lovett, eds., 2009) on SSRN. Here is the abstract: This book chapter explores...

Shavell on Taxation & Liability

Posted on July 12, 2010
Steven Shavell (Harvard Law School) has posted Corrective Taxation Versus Liability on SSRN. Here is the abstract: Taxation and liability are compared here as means of controlling harmful externalities. It is emphasized that liability has an advantage over taxation: inefficiency...

Fischman & Schanzenbach on Judicial Discretion & Federal Sentencing

Posted on July 12, 2010
Joshua B. Fischman and Max M. Schanzenbach (University of Virginia School of Law and Northwestern University - School of Law) have posted Racial Disparities, Judicial Discretion, and the United States Sentencing Guidelines on SSRN. Here is the abstract: This paper...

Hylton & Lin on American & European Monopolization Law

Posted on July 12, 2010
Keith N. Hylton and Haizhen Lin (Boston University and Indiana University) have posted American and European Monopolization Law: A Doctrinal and Empirical Comparison (REGULATING INNOVATION: COMPETITION POLICY AND PATENT LAW UNDER UNCERTAINTY, Keith N...

Legal Theory Lexicon: Hypotheticals

Posted on July 11, 2010
Introduction The hypothetical (or "hypo") is so familiar to anyone who has received a legal education in the United States that you might ask, "Can there possibly be anything of theoretical interest in the hypothetical?" And in the same vein,...

Legal Theory Bookworm

Posted on July 10, 2010
The Legal Theory Bookworm recommends Hard Cases in Wicked Legal Systems: Pathologies of Legality (2d Edition) by David Dyzenhaus. Here is a description: The idea of a wicked legal system, one whose laws have been made the instrument of a...

Download of the Week

Posted on July 10, 2010
The Download of the Week is Is Tort a Remedial Institution? by Gregory C. Keating. Here is the abstract: In the past 30 years, philosophers of tort have performed invaluable work in restoring the concept of a ?wrong? to prominence...

Garoupa, Grembi, & Lin on Constitutional Review in Taiwan

Posted on July 10, 2010
Nuno Garoupa (University of Illinois College of Law), Veronica Grembi (Facolt� di Economia, Universit� Cattolica di Milano), and Shirley Ching Ping Lin have posted Explaining Constitutional Review in New Democracies: The Case of Taiwan (Pacific Rim Law & Policy Journal,...

Moral on Cultural Competency & Legal Education

Posted on July 09, 2010
Beverly I. Moran (Vanderbilt Law School) has posted Disappearing Act: The Lack of Values Training in Legal Education - A Case for Cultural Competency (Southern University Law Review, Forthcoming) on SSRN. Here is the abstract: A renewed movement of curriculum...

Kairys on Limiting the Quantity of Campaign Speech

Posted on July 09, 2010
David Kairys (Temple University - Beasley School of Law) has posted Prohibition of Limits on the Quantity of Speech in the Campaign Finance Cases on SSRN. Here is the abstract: Constitutional invalidation of laws limiting campaign financing in the 1980s...

Gervais on the Wine Designations, the Lisbon Agreement, & Trips

Posted on July 09, 2010
Daniel J. Gervais (Vanderbilt Law School) has posted The Lisbon Agreement's Misunderstood Potential (The WIPO Journal, Vol. 1, p. 87, 2009) on SSRN. Here is the abstract: This article focuses on the similarities and differences between the proposed TRIPS register...

Damsa on Lustration & Transitions in Central Eastern Europe

Posted on July 09, 2010
Liviu Damsa (University of Warwick - School of Law) has posted Lustration and Post-Communist Closure in Central Eastern Europe on SSRN. Here is the abstract: This paper discusses the various dimensions of Central Eastern Europe closure with the communist past,...

Green on Dickson on the Rule of Recognition

Posted on July 09, 2010
Michael Green reviews Julie Dickson, Is the Rule of Recognition Really a Conventional Rule?, 27 Oxford J. Legal Stud. 373 (2007) on Jotwell. Check it out.

Gostin on Global Health & Justice

Posted on July 09, 2010
Lawrence O. Gostin (Georgetown University Law Center - O'Neill Institute for National and Global Health Law) has posted Redressing the Unconscionable Health Gap: A Global Plan for Justice (Harvard Law & Policy Review, Vol. 4, pp. 271-294, 2010) on SSRN...

Moran on Redistribution & the Income Tax

Posted on July 09, 2010
Beverly I. Moran (Vanderbilt Law School) has posted Wealth Redistribution and the Income Tax (Howard Law Journal, Forthcoming) on SSRN. Here is the abstract: This Howard Law Journal article is one of five pieces in a symposium on wealth redistribution...

Morag-Levine on Common Law & Civil Law Traditions & Environmental Regulation

Posted on July 08, 2010
Noga Morag-Levine (Michigan State University - College of Law) has posted Common Law Ideology, Continental Regulatory Principles, and Precautionary Environmental Tools: Lessons from Victorian Britain on SSRN. Here is the abstract: Current US-European divisions over the precautionary principle parallel historical...

Harrison on Trade & Climate Change

Posted on July 08, 2010
James Harrison (University of Warwick - School of Law) has posted Reflections on Linkage Debates: A Case Study of Trade and Climate Change (Society of International Economic Law (SIEL), Second Biennial Global Conference, University of Barcelona, July 8-10, 2010) on...

Galle & Klick on the Alternative Minimum Tax & Fiscal Stabilization

Posted on July 08, 2010
Brian D. Galle and Jonathan Klick (Boston College Law School and University of Pennsylvania Law School) have posted Recessions and the Social Safety Net: The Alternative Minimum Tax as a Counter-Cyclical Fiscal Stabilizer (Stanford Law Review, Forthcoming) on SSRN...

Thomas on the Seventh Amendment & Damage Remedies Administered by Non-Article III Courts

Posted on July 08, 2010
Suja A. Thomas (University of Illinois College of Law) has posted An Unfamiliar Limitation on Congress: In Suits at Common Law (Ohio State Law Journal, Forthcoming) on SSRN. Here is the abstract: The Supreme Court has interpreted many parts of...

Schwarcz on Sovereign Debt & "Too Big to Fail"

Posted on July 08, 2010
Steven L. Schwarcz (Duke University - School of Law) has posted Facing the Debt Challenge of Countries that are 'Too Big to Fail' (SOVEREIGN DEBT: FROM SAFETY TO DEFAULT, Robert W. Kolb, ed., Forthcoming) on SSRN. Here is the abstract:...

Kawakami on Legal Transplants

Posted on July 08, 2010
Mark T. Kawakami (TICOM) has posted Diffusion of Regulatory Dualism: Making Legal Transplants Feasible and its Impact on Legal Convergence on SSRN. Here is the abstract: The subject of legal transplants, particularly as it pertains to corporate governance and capital...

Shin & Gulati on Diversity as a Signal

Posted on July 07, 2010
Patrick S. Shin and G. Mitu Gulati (Suffolk University Law School and Duke University - School of Law) have posted Showcasing Diversity (North Carolina Law Review, Forthcoming) on SSRN. Here is the abstract: Diversity initiatives are commonplace in today?s corporate...

Ozer & Conley on Cloud Computing & Privacy

Posted on July 07, 2010
Nicole Ozer and Chris Conley (ACLU of Northern California and ACLU of Northern California) have posted Cloud Computing: Storm Warning for Privacy? (Nicole Ozer & Chris Conley, CLOUD COMPUTING: STORM WARNING FOR PRIVACY, ACLU of Northern California, 2010) on SSRN...

Bechky on the Politics of Divestment & the Sudan

Posted on July 07, 2010
Perry S. Bechky (Seattle University School of Law) has posted The Politics of Divestment (THE POLITICS OF INTERNATIONAL ECONOMIC LAW, Tomer Broude, et al., eds., Cambridge University Press, 2010) on SSRN. Here is the abstract: In the Sudan Accountability and...

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