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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

Bartlett on Derivative Disclosures

Posted on April 16, 2010
Robert P. Bartlett III (University of California, Berkeley - School of Law) has posted Inefficiencies in the Information Thicket: A Case Study of Derivative Disclosures During the Financial Crisis on SSRN. Here is the abstract: Conventional wisdom concerning the causes...

Lithwick on the Infinite Sadness of Liberal Law Students (and Goldstein on Liu)

Posted on April 16, 2010
On Slate. Here is a taste: Goodwin Liu faces a brutal confirmation fight tomorrow precisely because he's been brave enough to speak openly about how he thinks about the Constitution. Strip away the hysteria and distortions, and that's all he...

Maxeiner on the German Approach to Law Application

Posted on April 16, 2010
James R. Maxeiner (University of Baltimore - School of Law) has posted Imagining Judges that Apply Law: How They Might Do It (Penn State Law Review, Vol. 114, No. 2, 2009) on SSRN. Here is the abstract: "Judges should apply...

Does Moral Action Depend on Reasoning?

Posted on April 16, 2010
Does moral action depend on reasoning? Answers from Michael Gazzanig, Rebecca Newberger Goldstein, Aref Ali Nayed, Alfred Mele, Stanley Fish, Christine M. Korsgaard, Joshua D. Greene, Jonathan Sacks, Jean Bethke Elshtain, Antonio Damasio, and Robert P...

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Stone Sweet & Sandholtz on Neofunctionalism & European Integration

Posted on April 16, 2010
Alec Stone Sweet (Yale Law & Political Science) and Wayne Sandholtz have posted Neofunctionalism and Supranational Governance (OXFORD HANDBOOK OF THE EUROPEAN UNION, Forthcoming) on SSRN. Here is the abstract: Wayne Sandholtz and Alec Stone Sweet examine the evolution of...

Grechenig, Nicklisch, & Thoeni on Punishment & Low Accuracy

Posted on April 16, 2010
Kristoffel R. Grechenig (Max-Planck-Institute for Research on Collective Goods; University of St. Gallen - Department of Law; Vienna University of Economics and Business Administration - Department of Business Law; University of St. Gallen - Department of Law), Andreas Nicklisch (Max...

Knowles on "Dignity" & the Rule of Law

Posted on April 15, 2010
Helen J. Knowles (State University of New York - SUNY at Oswego) has posted Courting 'Dignity' on SSRN. Here is the abstract: This paper considers whether a judicial opinion?s contribution to the rule of law is undermined by the inclusion,...

Armour, Deakin, Mollica, & Siems on Legal Origins & Financial Development

Posted on April 15, 2010
John Armour (University of Oxford - Faculty of Law; Oxford-Man Institute of Quantitative Finance; European Corporate Governance Institute), Simon Deakin (University of Cambridge - Centre for Business Research (CBR); European Corporate Governance Institute), Viviana Mollica, & Mathias M...

Gulati & Knight on Judicial Self-Understanding & Empirical Study of Judges

Posted on April 15, 2010
G. Mitu Gulati and Jack Knight (Duke University - School of Law and Duke University) have posted Talking Judges (Duke Law Journal, Forthcoming) on SSRN. Here is the abstract: What kinds of empirical questions about themselves and their colleagues on....

Wolff on Ginsburg & Federal Jurisdiction

Posted on April 15, 2010
Tobias Barrington Wolff (University of Pennsylvania Law School) has posted Ruth Bader Ginsburg and Sensible Pragmatism in Federal Jurisdictional Policy (Ohio State Law Journal, Vol. 70, No. 4, pp. 839-864, 2010) on SSRN. Here is the abstract: This article, written...

Chaddha on Space Debris

Posted on April 15, 2010
Shane Chaddha (University of Manchester) has posted A Tragedy of the Space Commons? on SSRN. Here is the abstract: Space debris has been and still remains a growing threat for the international space community. The population of man-made debris polluting...

Gardbaum on the New Commonwealth Model of Constitutionalism

Posted on April 14, 2010
Stephen Gardbaum (UCLA School of Law) has posted Reassessing the New Commonwealth Model of Constitutionalism (International Journal of Constitutional Law, Vol. 8, No. 2, 2010) on SSRN. Here is the abstract: This article presents a general reassessment of the success...

Ku on System Criminality & International Criminal Law

Posted on April 14, 2010
Julian Ku (Hofstra University - School of Law) has posted How System Criminality Could Exacerbate the Weaknesses of International Criminal Law (Santa Clara Journal of International Law, Vol. 1, 2010) on SSRN. Here is the abstract: According to Andre Nollkaemper,...

Sullivan on Supreme Court Opinions

Posted on April 14, 2010
Barry Sullivan (Loyola University Chicago - School of Law) has posted Justice Jackson's Republic and Ours (LAW AND DEMOCRACY IN THE EMPIRE OF FORCE, H. Jefferson Powell, James Boyd White, eds., Univ. of Mich. Press, 2009) on SSRN. Here is...

Singer on Original Acquisition of Property

Posted on April 14, 2010
Joseph William Singer (Harvard Law School) has posted Original Acquisition of Property: From Conquest and Possession to Democracy and Equal Opportunity (Indiana Law Journal, Forthcoming) on SSRN. Here is the abstract: First possession is said to be the root of...

Stone Sweet on the EUJ & Judicialization of EU Governance

Posted on April 14, 2010
Alec Stone Sweet (Yale Law School and Yale Political Science) has posted The European Court of Justice and the Judicialization of EU Governance (Living Reviews in EU Governance) on SSRN. Here is the abstract: This Living Reviews article evaluates the...

Smits on European Private Law & Comparative Method

Posted on April 14, 2010
Jan M. Smits (Tilburg University - Tilburg Institute of Comparative and Transnational Law) has posted European Private Law and the Comparative Method (THE CAMBRIDGE COMPANION TO EUROPEAN UNION PRIVATE LAW, Christian Twigg-Flessner, ed., pp. 33-43, Cambridge University Press, Cambridge 2010)...

Hellman on Money & Speech (with some comments)

Posted on April 13, 2010
Deborah Hellman (University of Maryland - School of Law) has posted Money Talks But it Isn't Speech (Minnesota Law Review, Vol. 95, No. 3, 2011) on SSRN. Here is the abstract: This Article challenges the central premise of our campaign...

Sellers on Universal Human Rights in U.S. Law

Posted on April 13, 2010
Mortimer Newlin Stead Sellers (University of Baltimore - School of Law) has posted Universal Human Rights in the Law of the United States (American Journal of Comparative Law, Vol. 58, 2010) on SSRN. Here is the abstract: This article discusses...

Jimenez on Holmes's Bad Man Theory of the Law

Posted on April 13, 2010
Marco Jimenez (Stetson University College of Law) has posted Finding the Good in Holmes' Bad Man (Fordham Law Review, Forthcoming) on SSRN. Here is the abstract: This Article critically examines Holmes? widely influential but controversial ?bad man? theory of law...

Baker on Political Economy & Non-Interventionist Monopolization Enforcement

Posted on April 13, 2010
Jonathan B. Baker (American University - Washington College of Law) has posted Preserving a Political Bargain: The Political Economy of the Non-Interventionist Challenge to Monopolization Enforcement on SSRN. Here is the abstract: The antitrust rules governing exclusionary conduct by dominant...

Menkel-Meadow on Asylum & Gender

Posted on April 13, 2010
Carrie Menkel-Meadow (Georgetown University Law Center) has posted Asylum in a Different Voice: Judging Immigration Claims and Gender (REFUGEE ROULETTE: DISPARITIES IN ASYLUM ADJUDICATION AND PROPOSALS FOR REFORM, Jaya Ramji-Nogales, Andrew I. Schoenholz and Philip G...

Milhem & Salem on the Rule of Law in Palestine

Posted on April 13, 2010
Feras Milhem and Jamil Salem (Birzeit University) have posted Building the Rule of Law in Palestine: Rule of Law Without Freedom (INTERNATIONAL LAW AND THE ISRAELI-PALESTINIAN CONFLICT: A RIGHTS-BASED APPROACH TO MIDDLE EAST PEACE, Routledge, 2010) on SSRN...

Events from Legal Scholarship Blog Today

Posted on April 12, 2010
Check out today's workshop's on Legal Scholarship Blog.

Lister on Citizenship & Immigration

Posted on April 12, 2010
Matthew J. Lister (University of Pennsylvania Law School) has posted Citizenship, in the Immigration Context (Maryland Law Review, Vol. 70, No. 1, forthcoming 2010) on SSRN. Here is the abstract: Many international law scholars have begun to argue that the...

Pardo on a Unified Theory of Civil Litigation

Posted on April 12, 2010
Michael S. Pardo (University of Alabama School of Law) has posted Pleadings, Proof, and Judgment: A Unified Theory of Civil Litigation (Boston College Law Review, Forthcoming) on SSRN. Here is the abstract: The Supreme Court?s recent pleadings decisions - Bell...

Call for Papers: Foucault and International Law

Posted on April 12, 2010
?Call For Papers? Special Issue of the Leiden Journal of International Law (2011) Foucault and International Law Abstracts due by 12 May 2010; Complete articles by 17 September 2010 The Leiden Journal of International Law is now soliciting articles for...

Call for Papers: Geographies of Intellectual Property

Posted on April 12, 2010
International Society for the History and Theory of Intellectual Property http://www.ishtip.org Call for Papers Second Annual ISHTIP Workshop Geographies of Intellectual Property American University, Washington, D.C. 24-26 September 2010 Following our first successful meeting in June 2009 at Bocconi University...

Marcus on the Federal Rules of Civil Procedure, Legal Realism, and Law Reform

Posted on April 12, 2010
David Marcus (University of Arizona - James E. Rogers College of Law) has posted The Federal Rules of Civil Procedure and Legal Realism as a Jurisprudence of Law Reform (Georgia Law Review, Vol. 44, p. 433, 2010) on SSRN. Here...

Goldstein on "The Next Justice"

Posted on April 12, 2010
Tom Goldstein's analysis for The New Republic is one of the best I've seen: http://www.tnr.com/article/politics/the-next-justice?page=0,0

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