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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

Legal Theory Lexicon: It Takes a Theory to Beat a Theory

Posted on March 14, 2010
Introduction "It takes a theory to beat a theory"--this is surely one of the top ten all-time comments uttered by law professors to one another in those ritual interactions that are called "faculty workshops" or "colloquia." The first instance of...

Legal Theory Bookworm

Posted on March 13, 2010
The Legal Theory Bookworm recommends Understanding Torture: Law, Violence, and Political Identity by John Parry. Here is a description: Prohibiting torture will not end it. In Understanding Torture, John T. Parry explains that torture is already a normal part of...

Download of the Week

Posted on March 13, 2010
The Download of the Week is Jurisprudence between Science and the Humanities by Dan Priel. Here is the abstract: Philosophy has for a long time been unique among subjects in the humanities for seeking closer alliance with the sciences. In...

Leong on Mixed-Race Discrimination

Posted on March 12, 2010
Nancy Leong (Georgetown University Law Center) has posted Judicial Erasure of Mixed-Race Discrimination (American University Law Review, Vol. 59, 2010 ) on SSRN. Here is the abstract: Jurisprudential remedies for racial discrimination presume the existence of clear categories...

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Kitrosser on Wiretapping & Article II

Posted on March 12, 2010
Heidi Kitrosser (University of Minnesota - Twin Cities - School of Law) has posted It Came from Beneath the Twilight Zone: Wiretapping and Article II Imperialism (Texas Law Review, Forthcoming) on SSRN. Here is the aabstract: This Article was written...

Pursley & Wiseman on Renewable Energy, Land Regulation, and Levels of Government

Posted on March 12, 2010
Garrick B. Pursley (University of Texas School of Law) & Hannah J. Wiseman (University of Texas School of Law) have posted Local Energy on SSRN. Here is the abstract: At a point in the future that is no longer remote,...

Smith & Tuttle on Originalism & Biblical Literalism

Posted on March 12, 2010
Peter J. Smith and Robert W. Tuttle (George Washington University Law School and George Washington University Law School) have posted Biblical Literalism and Constitutional Originalism on SSRN. Here is the abstract: Critics of constitutional originalism have often described originalists as...

Blumenson on Opportunism in the Foreign Law Debate

Posted on March 12, 2010
Eric D. Blumenson (Suffolk University Law School) has posted Constitutional Kabuki: Fidelity and Opportunism in the Foreign Law Debate (Suffolk University Law Review, Vol. 43, p. 136, 2009) on SSRN. Here is the abstract: This essay, part of a symposium...

Ben-Asher on Legal Holes

Posted on March 12, 2010
Noa Ben-Asher (Pace University - School of Law) has posted Legal Holes (5 Ubound 1 (Harvard J. of Legal Left)) on SSRN. Here is the abstract: Emergencies are flash points for debates about the nature of law. In the years...

Stras & Spriggs on Supreme Court Plurality Opinions

Posted on March 11, 2010
David R. Stras and James F. Spriggs II (University of Minnesota Law School and Washington University, St. Louis - Department of Political Science) have posted Why the Supreme Court Issues Plurality Opinions on SSRN. Here is the abstract: Many of...

Secunda on Pickering v. Board of Education

Posted on March 11, 2010
Paul M. Secunda (Marquette University - Law School) has posted The Story of Pickering v. Bd. of Education: Unconstitutional Conditions and Public Employment (FIRST AMENDMENT LAW STORIES, Richard W. Garnett & Andrew Koppelman eds., 2010) on SSRN. Here is the...

Nijman on Leibniz on Relative Sovereignty & International Legal Personality

Posted on March 11, 2010
Janne Elisabeth Nijman (Amsterdam Center for International Law - University of Amsterdam) has psoted Leibniz?s Theory of Relative Sovereignty and International Legal Personality: Justice and Stability or the Last Great Defense of the Holy Roman Empire on SSRN...

Donohue on State Secrets

Posted on March 11, 2010
Laura Donohue (Georgetown University Law Center) has posted The Shadow of State Secrets (University of Pennsylvania Law Review, Forthcoming) on SSRN. Here is the abstract: Despite the recent explosion in scholarship focused on state secrets, very little is known about...

Margulies on Bivens & the War on Terror

Posted on March 11, 2010
Peter Margulies (Roger Williams University School of Law) has posted Judging Myopia in Hindsight: Bivens Actions, National Security Decisions, and the Rule of Law on SSRN. Here is the abstract: Recent decisions on Bivens claims in the war on terror...

Hessick & Hessick on Constitutional Rights at Sentencing

Posted on March 11, 2010
F. Andrew Hessick III and Carissa Byrne Hessick (Arizona State University - Sandra Day O'Connor College of Law and Arizona State, Sandra Day O'Connor College of Law) have posted Recognizing Constitutional Rights at Sentencing (California Law Review, Forthcoming) on SSRN...

Norton & Citron on Government Speech

Posted on March 11, 2010
Helen L. Norton and Danielle Keats Citron (University of Colorado School of Law and University of Maryland School of Law) have posted Government Speech 2.0 (Denver University Law Review, Vol. 88, 2010) on SSRN. Here is the abstract: New expressive...

Portuese on Natural Law & International Legal Order

Posted on March 10, 2010
Aur�lien Portuese (University of Paris 2 Pantheon-Assas) has posted A Natural Jurisprudential Account of Current International and European Laws Orders on SSRN. Here is the abstract: The fact that Natural Law approaches are being ridiculed by numerous scholars is both...

Johnsen on Commercial Bribery

Posted on March 10, 2010
D. Bruce Johnsen (George Mason University - School of Law) has posted The Ethics of 'Commercial Bribery': Integrative Social Contract Theory Meets Transaction Cost Economics (Journal of Business Ethics, Vol. 88, No. 4, October 2009) on SSRN. Here is the...

Book Announcement: The Pathologies of Individual Freedom by Honneth

Posted on March 10, 2010
The Pathologies of Individual Freedom Hegel's Social Theory Axel Honneth Translated by Ladislaus Lob To read the entire book description or a sample chapter, please visit: http://press.princeton.edu/titles/9195.html This is a penetrating reinterpretation and defense of Hegel's social theory as an...

Davies on Late-Breaking Opinions by Supreme Court Justices

Posted on March 10, 2010
Ross E. Davies (George Mason University School of Law) has posted The Last Word (Journal of Appellate Practice and Process, Forthcoming) on SSRN. Here is the abstract: Once in a great while a member of the Supreme Court tries to...

Engle on the Convention on the Rights of the Child

Posted on March 10, 2010
Eric Engle (Harvard University - Harvard Law School and Universit�t Bremen) has posted The Convention on the Rights of the Child on SSRN. Here is the abstract: The Convention on the Rights of the Child (CRC) presents lofty goals for...

Robinson on Complementarity

Posted on March 10, 2010
Darryl Robinson (Queen's University (Canada)) has posted The Mysterious Mysteriousness of Complementarity on SSRN. Here is the abstract: This article explores an unusual interpretive disconnect in the discourse on complementarity, and shows how that disconnect is obscuring the most important...

Grechenig & Gelter on Law & Economics in the U.S. & Germany (comments open)

Posted on March 09, 2010
Kristoffel R. Grechenig and Martin Gelter (Max-Planck-Institute for Research on Collective Goods and Fordham University School of Law) have posted The Transatlantic Divergence in Legal Thought: American Law and Economics vs. German Doctrinalism (Hastings International and Comparative Law Review, Vol...

Kammerhofer on Kelsen & Modernism

Posted on March 09, 2010
J�rg Kammerhofer (University of Erlangen-Nuremberg, Department of Law) has posted Hans Kelsen as the Epitome of Legal Modernism on SSRN. Here is the abstract: This is a short paper developed out of a 2006 speech comparing Kelsen's Pure Theory of...

Anderson on Exclusion at the Urban Fringe

Posted on March 09, 2010
Michelle Wilde Anderson (University of California, Berkeley School of Law) has posted Cities Inside Out: Race, Poverty, and Exclusion at the Urban Fringe on SSRN. Here is the abstract: Across the country, from Aberdeen, North Carolina to Modesto, California, city...

Priel on Jurisprudence and Social Science

Posted on March 09, 2010
Dan Priel (University of Warwick - School of Law) has posted Jurisprudence between Science and the Humanities on SSRN. Here is the abstract: Philosophy has for a long time been unique among subjects in the humanities for seeking closer alliance...

Grimmelmann on Privacy as Product Safety

Posted on March 09, 2010
James Grimmelmann (New York Law School) has posted Privacy as Product Safety (Widener Law Journal, June 2010) on SSRN. Here is the abstract: Online social media confound many of our familiar expectaitons about privacy. Contrary to popular myth, users of...

Conference Announcement: Hate v. Democracy on the Internet at Fordham

Posted on March 09, 2010
Fordham Law School's Center on Law and Information Policy Presents: FOURTH LAW AND INFORMATION SOCIETY SYMPOSIUM: HATE VERSUS DEMOCRACY ON THE INTERNET Friday, March 26, 2010 Fordham Law School, Lowenstein Building, Pope Auditorium 113 West 60th Street SCHEDULE: 9:15: Panel...

Book Announcement: Religion in American Politics by Lambert

Posted on March 09, 2010
Religion in American Politics A Short History Frank Lambert To read the entire book description or the introduction, please visit: http://press.princeton.edu/titles/8616.html The delegates to the 1787 Constitutional Convention blocked the establishment of Christianity as a national religion...

Goldman on Unregulating Online Harassment

Posted on March 09, 2010
Eric Goldman (Santa Clara University - School of Law) has posted Unregulating Online Harassment (Denver University Law Review Online, Vol. 57, p. 59, 2010) on SSRN. Here is the abstract: This short essay was written as part of the ?Cyber...

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