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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

Drummonds on Labor-Law Preemption

Posted on July 07, 2010
Henry Drummonds (Lewis and Clark College-Law School) has posted Reforming Labor Law by Reforming Labor Law Preemption Doctrine to Allow the States to Make More Labor Relations Policy (Louisiana Law Review, Vol. 70, No. 97, 2009) on SSRN. Here is...

Levy & Glicksman

Posted on July 07, 2010
Richard E. Levy and Robert L. Glicksman (University of Kansas - School of Law and George Washington University - Law School) have posted Agency-Specific Precedents (Texas Law Review, Vol. 89, Forthcoming) on SSRN. Here is the abstract: As a field...

van Aaken on Economic Analysis of International Economic Law

Posted on July 07, 2010
Anne van Aaken (University of St. Gallen - Law Department) has posted Opportunities and Limits to an Economic Analysis of International Economic Law (Society of International Economic Law (SIEL), Second Biennial Global Conference, University of Barcelona, July 8-10, 2010) on...

Yee on Scalia on the Confrontation Clause

Posted on July 06, 2010
Ellen L. Yee (Drake University - Law School) has posted Faint-Hearted Fidelity to the Common Law in Justice Scalia?s Confrontation Clause Trilogy (Journal of Criminal Law and Criminology, Vol. 100, No. 4, 2010) on SSRN. Here is the abstract: In...

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Mailland on Law & the Semantic Web

Posted on July 06, 2010
Julien Mailland (University of Southern California - Annenberg School for Communication) has posted The Semantic Web and Information Flow: A Legal Framework (North Carolina Journal of Law & Technology, Vol. 11, p. 269, 2010) on SSRN. Here is the abstract:...

Silbey on Ryman on the Rhetoric of Intellectual Property

Posted on July 06, 2010
Jessica M. Silbey (Suffolk University Law School) has posted The Rhetoric of Intellectual Property: Copyright Law and the Regulation of Digital Culture, by Jessica Reyman (Book Review) (The IP Law Book Review, Vol. 1, No. 1, p. 27, June 2010)...

Pildes on Justice Thomas

Posted on July 06, 2010
Richard H. Pildes (New York University School of Law) has posted The Unknown Justice Thomas: An Introduction to the Symposium (New York University Journal of Law & Liberty, Vol. 4, p. 475, 2009) on SSRN. Here is the abstract: This...

Farganis & Wedeking on Kagan's Confrimation Testimony

Posted on July 06, 2010
Dion Farganis and Justin Wedeking (Elon University - Political Science and University of Kentucky - Dept. of Political Science) have posted Kagan?s Candor: Updated Findings from the Recent Supreme Court Confirmation Hearings on SSRN. Here is the abstract: How forthcoming...

Leiter on Empirical Legal Studies

Posted on July 06, 2010
Here.

Keogh, Fox, and Flynn on a Vulnerabilities Approach to Disability Rights

Posted on July 06, 2010
Mary Keogh , Noelin Fox and Eilion�ir Flynn (University College, Galway (UCG) , University College, Galway (UCG) and University College, Galway (UCG)) have posted How Far Towards Equality? A Vulnerabilities Approach to the Rights of Disabled People on SSRN...

Schlag on Critical Legal Studies

Posted on July 05, 2010
Pierre Schlag (University of Colorado Law School) has posted Critical Legal Studies (The Oxford International Encyclopedia of Legal History, Vol. 295, Stanley N. Katz, ed., 2009) on SSRN. Here is the abstract: This brief encyclopedia entry, written for the Oxford...

Serota on Lawyer Satisfaction & the Law School Curriculum

Posted on July 05, 2010
Michael Serota (University of California, Berkeley, School of Law) has posted Professional Values, Lawyer Satisfaction, and the Law School Curriculum: The Need for a Personal Constitution on SSRN. Here is the abstract: In this article, I argue that law schools...

Keating on Remedial Theories of Tort Law

Posted on July 05, 2010
Gregory C. Keating (University of Southern California Law School) has posted Is Tort a Remedial Institution? on SSRN. Here is the abstract: In the past 30 years, philosophers of tort have performed invaluable work in restoring the concept of a...

Skinner on Customary International Law & Federal Question Jurisdiction

Posted on July 05, 2010
Gwynne Skinner (Willamette University - College of Law) has posted When Customary International Law Violations ?Arise Under the Laws of the United States? (Brooklyn Journal of International Law, Vol. 36, No. 1, 2010) on SSRN. Here is the abstract: For...

Koos on Technology Regulation

Posted on July 05, 2010
Bert-Jaap Koops (Tilburg University - Faculty of Law) has posted Ten Dimensions of Technology Regulation - Finding Your Bearings in the Research Space of an Emerging Discipline (DIMENSIONS OF TECHNOLOGY REGULATION, M.E.A. Goodwin et al., eds., pp. 309-324, Nijmegen: WLP,...

Legal Theory Lexicon: The Coase Theorem

Posted on July 04, 2010
Introduction This week the Legal Theory Lexicon investigates the Coase theorem. Ronald Coase is a member of the law and economics faculties at the University of Chicago and a winner of the Nobel Prize in Economics. The idea that we...

Legal Theory Bookworm

Posted on July 03, 2010
The Legal Theory Bookworm recommends Regulating from Nowhere: Environmental Law and the Search for Objectivity by Douglas A. Kysar. Here is a description: Drawing insight from a diverse array of sources ? including moral philosophy, political theory, cognitive psychology, ecology,...

Download of the Week

Posted on July 03, 2010
The Download of the Week is The Antecedents of Disputes: Complaining and Claiming by Herbert M. Kritzer. Here is the abstract: This paper focuses on the earliest stages of the problem resolution function of law and legal institutions: the emergence...

Zywicki on Auto Title Loans

Posted on July 02, 2010
Todd J. Zywicki (George Mason University School of Law) has posted Money to Go (Regulation Vol. 33, No. 2, p. 32, Summer 2010) on SSRN. Here is the abstract: A number of recently developed consumer credit instruments, such as auto...

Lewyn on Parking Regulation

Posted on July 02, 2010
Michael Lewyn (Florida Coastal School of Law) has posted What Would Coase Do? (About Parking Regulation) on SSRN. Here is the abstract: Like many government regulations, municipal minimum parking requirements exist to prevent externalities - most notably the congestion, pollution...

Fredman on Socio-Economic Rights in a British Bill of Rights

Posted on July 02, 2010
Sandra Fredman (University of Oxford Faculty of Law) has posted New Horizons: Incorporating Socio-Economic Rights in a British Bill of Rights (Public Law, p. 297, 2010) on SSRN. Here is the abstract: When the Human Rights Act was introduced in...

Kahan on Science & Cultural Cognition

Posted on July 02, 2010
Dan M. Kahan (Yale University - Law School) has posted Fixing the Communications Failure (Nature, Vol. 463, pp. 296-297, 2010) on SSRN. Here is the abstract: There is a culture war in America over science. Why? And what should be...

Kang & Lane on Implicit Bias & the Law

Posted on July 02, 2010
Jerry Kang and Kristin Lane (University of California, Los Angeles (UCLA) - School of Law and Bard College Program in Psychology) have posted Seeing Through Colorblindness: Implicit Bias and the Law (UCLA Law Review, Forthcoming) on SSRN. Here is the...

Re on the Sixth Amendment Fair Cross-Section Requirement

Posted on July 02, 2010
Richard M. Re has posted Jury Poker: A Statistical Analysis of the Fair Cross-Section Requirement (Ohio State Journal of Criminal Law, Vol. 8, No. 2, 2011) on SSRN. Here is the abstract: This Commentary compares jury selection with poker in...

Persily on Redistricting & Public Opinion

Posted on July 02, 2010
Nathaniel Persily (Columbia Law School) has posted Partisanship, Public Opinion, and Redistricting on SSRN. Here is the abstract: This paper analyzes new survey data on Americans' attitudes concerning the redistricting process. We find, unsurprisingly, that a large share of the...

Depoorter on the Feedback Effect of Civil Settlements

Posted on July 02, 2010
Law in the Shadow of Bargaining: The Feedback Effect of Civil Settlements by Ben Depoorter is now available in final form on the Cornell Law Review website. Here is the abstract: Lawmakers, courts, and legal scholars often express concern that...

Ben-Shahar on Consumer Protection without Law

Posted on July 01, 2010
Omri Ben-Shahar (University of Chicago Law School) has posted Consumer Protection Without Law (Regulation, Vol. 33, No. 2, p. 26, Summer 2010) on SSRN. Here is the abstract: Conventional wisdom holds that consumer well being is best advanced by expansive...

Malone & Bauer on Secret Settlements

Posted on July 01, 2010
Patrick Malone and Jon Bauer (University of Connecticut - School of Law) have posted When Secret Settlements are Unethical on SSRN. Here is the abstract: This article explains why secrecy provisions in settlements that go beyond mandating confidentiality of the...

Ubink & van Rooij on Customary Legal Systems & Marginalized Community Members

Posted on July 01, 2010
Janine Ubink and Benjamin van Rooij (Leiden University - Van Vollenhoven Institute and Leiden University - Leiden Law School) have posted Towards Customary Legal Empowerment on SSRN. Here is the abstract: This paper discusses the new donor engagement with customary...

Cauble on Cancellation of Indebtedness & Tax-Exempt Entities

Posted on July 01, 2010
Emily Cauble (University of Illinois at Urbana-Champaign) has posted Cancellation of Indebtedness Income and Tax-Exempt Entities (Tax Notes, No. 127, p. 1381, 2010) on SSRN. Here is the abstract: Significant uncertainty exists under current law regarding the tax treatment of...

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