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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

Brickman on Lawyer Barons

Posted on March 04, 2011
Lester Brickman (Benjamin N. Cardozo School of Law) has posted Introduction to Lawyer Barons: What Their Contingency Fees Really Cost America (LAWYER BARONS: WHAT THEIR CONTINGENCY FEES REALLY COST AMERICA, Cambridge University Press, 2011) on SSRN. Here is the abstract:...

Bodansky & Diringer on International Regimes & Climate Change

Posted on March 04, 2011
Daniel Bodansky and Elliot Diringer (Arizona State University Sandra Day O'Connor College of Law and Pew Center on Global Climate Change) have posted The Evolution of International Regimes: Implications for Climate Change (Pew Center on Global Climate Change Report, December...

Rosser on Consumption Offsetting

Posted on March 04, 2011
Ezra Rosser (American University Washington College of Law) has posted Offsetting and the Consumption of Social Responsibility (Wash. U. L. Rev. Vol. 89, 2011 (forthcoming)) on SSRN. Here is the abstract: This Article examines the relationship between individual consumption and...

Davies on the Fourth Amendment, Due Process, and Search and Seizure

Posted on March 03, 2011
Thomas Y. Davies (University of Tennessee College of Law) has posted Can You Handle the Truth? The Framers Preserved Common-Law Arrest and Search Rules in 'Due Process of Law' - 'Fourth Amendment Reasonableness' is Only a Modern, Destructive, Judicial Myth...

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Kearney on Lawfare & Stateless Persons

Posted on March 03, 2011
Michael G. Kearney (London School of Economics - Law Department) has posted Lawfare, Legitimacy, and Resistance: The Weak and the Law on SSRN. Here is the abstract: Drawing on this analysis, the conclusion will flag some pressing threats posed by...

Oesterle on Materiality in Federal Securities Law

Posted on March 03, 2011
Dale A. Oesterle (Ohio State University (OSU) - Michael E. Moritz College of Law) has posted The Overused and Under-Defined Notion of 'Material' in Securities Law on SSRN. Here is the abstract: Core doctrine in federal securities law rests on...

Altman on Intimacy & Parental Rights

Posted on March 03, 2011
Scott Altman (University of Southern California Law School) has posted The Pursuit of Intimacy and Parental Rights (THE ROUTLEDGE COMPANION TO PHILOSOPHY OF LAW, Andrei Marmor, ed., 2011) on SSRN. Here is the abstract: This paper explores whether parents? rights...

Block-Lieb & Janger on Regulation of the Home-Loan Market

Posted on March 03, 2011
Susan Block-Lieb and Edward J. Janger (Fordham University School of Law and Brooklyn Law School) have posted Reforming the Regulation of the Market for Home Loans on SSRN. Here is the abstract: This article explores the content and institutional context...

Wing on Bell's Space Traders

Posted on March 03, 2011
Adrien K. Wing (University of Iowa - College of Law) has posted Space Traders for the Twenty-First Century (Berkeley J. African-American Law & Policy, Vol. 11, p. 49, 2009) on SSRN. Here is the abstract: In this year celebrating the...

Walton on Burdens of Proof & Metadialogue Theory

Posted on March 02, 2011
Douglas Walton (University of Windsor) has posted Metadialogues for Resolving Burden of Proof Disputes on SSRN. Here is the abstract: Three classic cases of burden of proof disputes are analyzed, showing how metadialogue theory can solve the problems they pose...

Atanasov, Black, & Ciccotello on Law & Wealth Extraction from Firms by Insiders

Posted on March 02, 2011
Vladimir A. Atanasov (College of William and Mary - Mason School of Business), Bernard S. Black (Northwestern University - School of Law; Northwestern University - Kellogg School of Management; European Corporate Governance Institute (ECGI)), & Conrad S...

Ginsburg & Miles on Coauthorship & Empirical Legal Studies

Posted on March 02, 2011
Tom Ginsburg (University of Chicago Law School) & Thomas J. Miles (University of Chicago - Law School) have posted Empiricism and the Rising Incidence of Coauthorship in Law on SSRN. Here is the abstract: The recent growth of empirical scholarship...

Lindgren on Super Quorums & the Wisconsin Constitution

Posted on March 02, 2011
James Lindgren (Northwestern University - School of Law) has posted Super Quorums under the Wisconsin Constitution on SSRN. Here is the abstract: This essay takes a brief and preliminary look at the remedies available to the Wisconsin Senate to enact...

Spaak on the Nature of Law

Posted on March 02, 2011
Torben Spaak (Uppsala University - Faculty of Law) has posted The Problem About the Nature of Law (FESTSCHRIFT FOR ERIK CARLSSON, Frans Svensson and Rysiek Sliwinski, eds., Uppsala: Uppsala University, Department of Philosophy, Forthcoming) on SSRN. Here is the abstract:...

Quinn on Migration of Shareholder Lawsuits Out of Delaware

Posted on March 02, 2011
Brian J.M. Quinn (BC Law School) has posted Shareholder Lawsuits, Status Quo Bias, and the Adoption of the Exclusive Forum Provision [Draft] on SSRN. Here is the abstract: Observers have noted a trend of shareholder lawsuits migrating out of Delaware...

Purdy on Environmental Lawmaking, Values, and Politics

Posted on March 01, 2011
Jedediah S. Purdy (Duke University - School of Law) has posted American Natures: The Shape of Conflict in Environmental Law on SSRN. Here is the abstract: There is a firestorm of political and cultural conflict around environmental issues, including but...

Barnett on the Consumer Financial Protection Bureau

Posted on March 01, 2011
Kent H. Barnett (University of Kentucky College of Law) has posted The Consumer Financial Protection Bureau's Appointment with Trouble (American University Law Review, Vol. 60, No. 5, 2011) on SSRN. Here is the abstract: This article considers whether the appointment...

Brennan on Barnett on the Constitutionality of the Individual Mandate

Posted on March 01, 2011
Patrick McKinley Brennan (Villanova University School of Law) has posted The Individual Mandate, Sovereignty, and the Ends of Good Government: A Reply to Professor Randy Barnett (University of Pennsylvania Law Review, 2011) on SSRN. Here is the abstract: Randy Barnett...

Edelson on Scalia, Equal Protection, Gender, and Sexual Orientation

Posted on March 01, 2011
Chris Edelson (American University) has posted Judging in a Vacuum, or, Once More, Without Feeling: How Justice Scalia?s Jurisprudential Approach Repeats Errors Made in Plessy v. Ferguson on SSRN. Here is the abstract: Justice Antonin Scalia recently declared that the...

Book Announcement: Political Theology: Four New Chapters on the Concept of Sovereignty by Kahn

Posted on March 01, 2011
Columbia University Press is pleased to announce the publication of Political Theology: Four New Chapters on the Concept of Sovereignty by Paul W. Kahn. In this strikingly original work, Paul W. Kahn rethinks the meaning of political theology. In a...

New on the Stanford Encyclopedia of Philosophy

Posted on March 01, 2011
Social Norms by Cristina Bicchieri and Ryan Muldoon.

Oswald on Deference & Eminent Domain

Posted on March 01, 2011
Lynda J. Oswald (University of Michigan - Stephen M. Ross School of Business) has posted Deference and Judicial Review in Eminent Domain on SSRN. Here is the abstract: The U.S. Supreme Court, in Kelo v. City of New London, emphasized...

Grossman on the Legitimacy of International Tribunals & the Rarity of Women Judges

Posted on March 01, 2011
Nienke Grossman (University of Baltimore School of Law) has posted Sex on the Bench: Do Women Judges Matter to the Legitimacy of International Courts? on SSRN. Here is the abstract: This article seeks to advance our understanding of international courts?...

Yung on Partisanship & Independence in the Federal Courts

Posted on February 28, 2011
Corey Rayburn Yung (The John Marshall Law School) has posted Beyond Ideology: An Empirical Study of Partisanship and Independence in the Federal Courts on SSRN. Here is the abstract: In an era when the public, media, pundits, and politicians have...

Dubber on the Model Penal Code & European Criminal Law

Posted on February 28, 2011
Markus D. Dubber (University of Toronto - Faculty of Law) has posted The American Law Institute?s Model Penal Code and European Criminal Law on SSRN. Here is the abstract: It has been suggested that the American Law Institute?s Model Penal...

Shen, Hoffman, Jones, & Greene on the Model Penal Code & Experimental Jurisprudence

Posted on February 28, 2011
Francis X. Shen (Vanderbilt Law School), Morris B. Hoffman (Second Judicial District (Denver), State of Colorado), Owen D. Jones (Vanderbilt University - Law School & Department of Biological Sciences), Joshua D. Greene (Harvard University - William James Hall), & Rene...

Sajo on Constitutional Sentiments, Empathy, and Slavery

Posted on February 28, 2011
Andras Sajo (Central European University (CEU) - Department of Legal Studies) has posted Empathy and Human Rights: The Case of Slavery (Constitutional Sentiments, Yale University Press, 2011) on SSRN. Here is the abstract: Constitutional Sentiments is a book that describes...

Berry on Proportionality & the Eighth Amendment

Posted on February 28, 2011
William W. Berry III (University of Mississippi School of Law) has posted Promulgating Proportionality on SSRN. Here is the abstract: Two lines of cases have dominated the Supreme Court?s Eighth Amendment death penalty jurisprudence: the Furman-Gregg line of cases emphasizes...

Legal Theory Lexicon: Indeterminacy

Posted on February 27, 2011
Introduction It all depends on your first year section, but many law students begin to get a sinking feeling about the law early in their first year. Does the law actually make any difference to the way cases are decided?...

Legal Theory Bookworm

Posted on February 26, 2011
The Legal Theory Bookworm recommends Legal Interpretation:? Perspectives from Other Disciplines and Private Texts by Kent Greenawalt. Here is a description: Legal Interpretation focuses on textual interpretation of the law. All law needs to be interpreted, and there are many...

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