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Academic

Legal Theory Blog 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

Recent Entries: 5612

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Anderson on Drone Strikes & International Law and Policy

Posted on April 05, 2010
Kenneth Anderson (Washington College of Law, American University) has posted 'Hearing: Rise of the Drones: Unmanned Systems and the Future of War,' Written Testimony Submitted to Subcommittee on National Security and Foreign Affairs, Committee on Oversight and Government Reform, US...


Stein on Utilitarianism & the Separateness of Persons

Posted on April 05, 2010
Mark S. Stein (Harvard Law School, Petrie-Flom Center) has posted Utilitarianism and Conflation (Polity, Vol. 35, No. 4, pp. 479-90, July 2003) on SSRN. Here is the abstract: A common charge against utilitarianism is that it fails to respect the...


Starkey on Originalism & Equal Protection

Posted on April 05, 2010
Brando Simeo Starkey (Harvard Law School) has posted Inconsistent Originalism and the Need for Equal Protection Re-Invigoration (Georgetown Journal of Law & Modern Critical Race Perspectives, Forthcoming) on SSRN. Here is the abstract: After Washington v...


Legal Theory Lexicon: Pragmatism

Posted on April 04, 2010
Introduction Back in the day (by which I mean the mid-70s through the mid-90s) big normative theories were all the rage in the legal academy. It's hard to be sure, but one suspects that it started with Rawls: when A...


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Oldfather on Domnarski on Oral Histories Given by Federal Judges

Posted on April 03, 2010
Chad M. Oldfather (Marquette University - Law School) has posted Oral History and the Study of the Judiciary (George Washington Law Review Arguendo, Vol. 78, 2010) on SSRN. Here is the abstract: This essay, which is a review of William...


Martinez on Takings Doctrine

Posted on April 03, 2010
John Martinez (SJ Quinney College of Law) has posted A Proposal for Establishing Specialized Federal and State "Takings Courts" (Maine L. Rev., Vol. 61, p. 467, Spring 2009) on SSRN. Here is the abstract: Takings doctrine is incoherent, complex and...


Download of the Week

Posted on April 03, 2010
The Download of the Week isWe Don't Want to Hear It: Psychology, Literature and the Narrative Model of Judging by Kenworthey Bilz. Here is the abstract: The "narrative" model of legal judging argues that legal decision makers both do and...


Legal Theory Bookworm

Posted on April 03, 2010
The Legal Theory Bookworm recommends Law and Happiness edited by Eric A. Posner & Cass R. Sunstein. Here is a description: Since the earliest days of philosophy, thinkers have debated the meaning of the term happiness and the nature of...


Heise and Eisenberg on Evaluation of Empirical Legal Studies

Posted on April 02, 2010
Michael Heise and Theodore Eisenberg (Cornell University and Cornell University) have posted Empirical Evaluation of the Impact of Empirical Legal Studies on Judicial Behavior on SSRN. Here is the abstract: Empirical legal scholars assume that sound empirical work provides inputs...


New on the Stanford Encyclopedia of Philosophy

Posted on April 02, 2010
Here are some of the recent new entries in the Stanford Encyclopedia of Philosophy: Feminist Perspectives on Objectification by Evangelia (Lina) Papadaki Theories of Meaning by Jeff Speaks) Abilities (John Maier)


Chang on the Accession Doctrine in Property Law

Posted on April 02, 2010
Yun-chien Chang (Institutum Iurisprudentiae, Academia Sinica) has posted The Inefficiency of the Accession Doctrine: With a Response to Prof. Thomas Merrill on SSRN. Here is the abstract: The accession doctrine in property law exists in both common-law countries and Civil...


Tuerkheimer on Science-Dependent Criminal Prosecutions

Posted on April 02, 2010
Deborah Tuerkheimer (DePaul University - College of Law) has posted Criminal Justice at a Crossroads: Science-Dependent Prosecution and the Problem of Epistemic Contingency (Alabama Law Review, Forthcoming) on SSRN. Here is the abstract: Increasingly in our criminal justice system, guilt...


Book Announcement: Meaning in Life and Why It Matters by Wolf

Posted on April 02, 2010
Meaning in Life and Why It Matters Susan Wolf Introduction by Stephen Macedo With commentary by John Koethe, Robert M. Adams, Nomy Arpaly & Jonathan Haidt To read the entire book description or the introduction, please visit: http://press.princeton.edu/titles/9150...


Conference Announcement: Theory and International Law

Posted on April 02, 2010
The British Institute of International and Comparative Law and the Society of Legal Scholars International Law Section will host the 19th Conference on Theory and International Law on April 12, 2010 from 2:00 to 7:00 p.m. The topic will be...


Call for Papers: Internationalization of Private Law

Posted on April 02, 2010
The Bocconi School of Law Student-Edited Papers (Milan, Italy) is requesting papers on the the internationalization of private law, on the occasion of the 30th anniversary of the Vienna Convention for the International Sale of Goods. The deadline for submission...


Bilz on the Narrative Model of Judging

Posted on April 02, 2010
Kenworthey Bilz (Northwestern University - School of Law) has posted We Don't Want to Hear It: Psychology, Literature and the Narrative Model of Judging (University of Illinois Law Review, Forthcoming) on SSRN. Here is the aabstract: The "narrative" model of...


Greene, Ansolabehere, & Persily on Originalism & Public Opinion

Posted on April 02, 2010
Jamal Greene (Columbia University - Law School), Stephen Ansolabehere (Harvard University - Department of Government), & Nathaniel Persily (Columbia Law School) have posted Profiling Originalism on SSRN. Here is the abstract: Originalism is a common subject of both legal and...


Moral Particularism on Network Television

Posted on April 02, 2010
Jonathan Dancy on the Craig Ferguson Show! Via Thom Brooks!


Hessick on Child Pornography & Child Abuse

Posted on April 01, 2010
Carissa Byrne Hessick (Arizona State, Sandra Day O'Connor College of Law) has posted Disentangling Child Pornography from Child Sex Abuse (Washington University Law Review, Vol. 88, 2010) on SSRN. Here is the abstract: Recent years have seen a significant increase...


Conference Announcement: Moral Biology at Harvard

Posted on April 01, 2010
On April 15 and 16 Harvard Law School's Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics, in collaboration with the Harvard Program on Ethics and Health, The Project on Law and Mind Sciences at Harvard Law School, the Gruter...


First on the Compensatory Function of Antitrust Law

Posted on April 01, 2010
Harry First (New York University - School of Law) has posted Lost in Conversation: The Compensatory Function of Antitrust Law on SSRN. Here is the abstract: Today's conversation about antitrust civil remedies generally, and the private action specifically, focuses most...


Leiter on Dworkin on "Justice for Hedgehogs"

Posted on April 01, 2010
Brian Leiter (University of Chicago) has posted The Empire Strikes Back: Errors and Mistakes in "Justice for Hedgehogs" on SSRN. Here is the abstract: In "The End of Empire: Dworkin and Jurisprudence in the 21st Century," I demonstrated that the...


Simmons on Corporate Reform as a Credence Service

Posted on April 01, 2010
Omari Scott Simmons (Wake Forest University School of Law) has posted Corporate Reform as a Credence Service (Journal of Business & Technology Law, Vol. 5 No. 1 2010) on SSRN. Here is the abstract: With the recent meltdown of the...


Alexander on "Our Meaningless Constitution"

Posted on April 01, 2010
Larry Alexander (University of San Diego) has posted Our Meaningless Constitution on SSRN. Here is the abstract: Good old-fashioned originalism relies on a key insight about the nature of communication by language. The meaning of a text or oral communication...


Rosenbury on Working Late

Posted on April 01, 2010
Laura Rosenbury (Washington University St. Louis) has posted Working Late? on SSRN. Here is the abstract: Family law has long been intensely interested in certain adult intimate relationships, namely marriage and marriage-like relationships, and silent about other adult intimate relationships,...


Balkin on the Senate

Posted on April 01, 2010
Jack Balkin (Yale University) has posted The Senate on SSRN. Here is the abstract: This essay argues that contemporary constitutional practice with respect to the United States Senate has not been faithful to the text, history and structure of the...


Amar on the Original Manuscript of the Constitution

Posted on April 01, 2010
Akhil Reed Amar (Yale University) has posted The Original Manuscript: A Reading on SSRN. Here is the abstract: In prior work, I have established three guiding principles for gleaning the one true meaning of the Constitution of the United States....


Bosniak on Citizenship & Personhood

Posted on March 31, 2010
Linda S. Bosniak (Rutgers University School of Law, Camden) has posted Persons and Citizens in Constitutional Thought (International Journal of Constitutional Law, Vol. 8, No. 1, pp. 9-29, 2010) on SSRN. Here is the abstract: The ideas of citizenship and...


Pils on Open Letters & Rights Advocacy in China

Posted on March 31, 2010
Eva Pils (Chinese University of Hong Kong (CUHK) - Faculty of Law) has posted 'Speaking the Truth' to Hu and Wen: Open Letters, Civil Dissension and Rights Advocacy in China on SSRN. Here is the abstract: China has experienced rapid...


Skibine on Indian Gaming & Federalism

Posted on March 31, 2010
Alexander Tallchief Skibine (University of Utah - S.J. Quinney College of Law) has posted Indian Gaming and Cooperative Federalism (Arizona State Law Journal, Forthcoming) on SSRN. Here is the abstract: In this article I evaluate the role of the federal...


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