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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

Mortenson on Yoo on Executive Power & History

Posted on February 21, 2011
Julian Davis Mortenson (Michigan Law School) has posted Executive Power and the Discipline of History (University of Chicago Law Review, Vol. 78, p. 377, 2011) on SSRN. Here is the abstract: In a trilogy of books published after September 11,...

Davies on Congressman Mann & Secret Legislative History

Posted on February 21, 2011
Ross E. Davies (George Mason University School of Law) has posted The Secret Meaning of Intent on SSRN. Here is the abstract: At the Supreme Court (and elsewhere) there has long been a wide range of views about the proper...

de Jong on Criminal Intent

Posted on February 21, 2011
Ferry de Jong (Utrecht University School of Law) has posted Theorizing Criminal Intent: A Methodological Account (Utrecht Law Review, Vol. 7, No. 1, pp. 1-33, January 2011) on SSRN. Here is the abstract: This article examines the nature of the...

Legal Theory Lexicon: Strict Construction & Judicial Activism

Posted on February 20, 2011
Introduction This entry in the Legal Theory Lexicon is a bit unusual. Rather than explicating concepts that are important to legal theory, the point of this post is to debunk two concepts that (arguably) are unimportant (or even meaningless), strict....

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Legal Theory Bookworm

Posted on February 19, 2011
The Legal Theory Bookworm recommends Philosophy of Law by Andrei Marmor. Here is a description: In Philosophy of Law, Andrei Marmor provides a comprehensive analysis of contemporary debates about the fundamental nature of law--an issue that has been at the...

Download of the Week

Posted on February 19, 2011
The Download of the Week is Truth in Law by Andrei Marmor. Here is the abstract: In this essay I offer a speech act analysis of truth evaluable content of legal prescriptions. The argument is based on two main frameworks:...

Carter on Affirmative Action as Government Speech

Posted on February 18, 2011
William M. Carter Jr. (Temple University - James E. Beasley School of Law) have posted Affirmative Action as Government Speech on SSRN. Here is the abstract: This article seeks to transform how we think about ?affirmative action.? The Supreme Court?s...

Jackson on Substantive Due Process & the Ninth Amendment

Posted on February 18, 2011
Jeffrey D. Jackson (Washburn University - School of Law) has posted Putting Rationality Back into the Rational Basis Test: Saving Substantive Due Process and Redeeming the Promise of the Ninth Amendment (University of Richmond Law Review, Vol. 45, No...

Barnett on the Constitutionality of the Individual Mandate

Posted on February 18, 2011
Randy E. Barnett (Georgetown University Law Center) has posted Commandeering the People: Why the Individual Health Insurance Mandate is Unconstitutional (NYU Journal of Law & Liberty, Vol. 5, 2010) on SSRN. Here is the abstract: The ?Patient Protection and Affordable...

Blackman on Social Cost, Constitutionality, and the Second Amendment

Posted on February 18, 2011
Josh Blackman (Penn State Dickinson School of Law) has posted The Constitutionality of Social Cost (Harvard Journal of Law and Public Policy, Vol. 34, 2011) on SSRN. Here is the abstract: During the Passover Seder, it is customary in the...

Conference Announcement: Association of Legal and Social Philosophy at Warwick

Posted on February 18, 2011
The 2011 ALSP Annual Conference University of Warwick July 4th - July 6th 2011 ?Authority, Legitimacy and Rights? Plenary Speakers: Professor Thomas Christiano (University of Arizona) and Professor Antony Duff (Universities of Minnesota and Stirling) Sub themes include: � legitimacy...

Craig on Chevron Deference for Agency Interpretations of Court Decisions

Posted on February 18, 2011
Robin Kundis Craig (Florida State University College of Law) has posted Agencies Interpreting Courts Interpreting Statutes: The Deference Conundrum of a Divided Supreme Court on SSRN. Here is the abstract: Plurality decisions from the U.S. Supreme Court demand interpretation, especially...

Loewy on Chief Justice Roberts

Posted on February 18, 2011
Arnold H. Loewy (Texas Tech University School of Law) has posted Chief Justice Roberts (A Preliminary Assessment) (Stetson Law Review, Forthcoming) on SSRN. Here is the abstract: In "Chief Justice Roberts (A Preliminary Assessment)", Professor Loewy explores Chief Justice John...

Kar on the Origins of Western Law

Posted on February 18, 2011
Robin Bradley Kar (University of Illinois College of Law) has posted On the Origins of Western Law and Western Civilization (in the Indus Valley) on SSRN. Here is the abstract: Western Law and Western Civilization are often said to be...

Klass on Contract as Promise

Posted on February 17, 2011
Gregory Klass (Georgetown University Law Center) has posted Promise Etc. on SSRN. Here is the abstract: This essay, written for "Contract as Promise at 30" at Suffolk Law School, examines the moral obligations contractual agreements generate. It distinguishes a narrow...

New on the Stanford Encyclopedia of Philosophy

Posted on February 17, 2011
Progress by Margaret Meek Lange.

Marmor on Truth in Law

Posted on February 17, 2011
Andrei Marmor (University of Southern California - Gould School of Law) has posted Truth in Law on SSRN. Here is the abstract: In this essay I offer a speech act analysis of truth evaluable content of legal prescriptions. The argument...

Celano on Particularism, Exceptions, & Defeasibility

Posted on February 17, 2011
Bruno Celano (University of Palermo) has posted True Exceptions: Defeasibility and Particularism (ESSAYS ON LEGAL DEFEASIBILITY, J. Ferrer Beltr�n & G. B. Ratti, eds., Oxford University Press, 2010) on SSRN. Here is the abstract: Sometimes, kinds of cases which do...

Chesterman on Surveillance, Liberty, and the Use of Information

Posted on February 17, 2011
Simon Chesterman (New York University - School of Law, Singapore Programme) has posted One Nation Under Surveillance: A New Social Contract to Defend Freedom Without Sacrificing Liberty (Introduction) (Simon Chesterman, ONE NATION UNDER SURVEILLANCE: A NEW SOCIAL CONTRACT TO DEFEND...

Shapiro & Mosvick on Overruling Precedent & Citizens United

Posted on February 17, 2011
Ilya Shapiro and Nicholas M. Mosvick (Cato Institute and Cato Institute) have posted Stare Decisis after Citizens United: When Should Courts Overturn Precedent (Nexus Journal of Law & Public Policy, Vol. 16, 2011) on SSRN. Here is the abstract: Stare...

Perlin on the Chase Impeachment & Judicial Independence

Posted on February 17, 2011
Adam A. Perlin has posted The Impeachment of Samuel Chase: Redefining Judicial Independence (Rutgers Law Review, Vol. 62, No. 3, p. 725, 2010) on SSRN. Here is the abstract: This article hopes to make the following contributions to the existing...

Brooks on Brudner on Punishment

Posted on February 16, 2011
Thom Brooks (Newcastle University - Newcastle Law School) has posted Punishment: Political, Not Moral on SSRN. Here is the abstract: Alan Brudner?s Punishment and Freedom is a remarkable contribution to liberal and penal theory offering a well-argued and compelling theory...

Cunningham on Executive Pay & Unconscionability

Posted on February 16, 2011
Lawrence A. Cunningham (George Washington University Law School) has posted A New Legal Theory to Test Executive Pay: Contractual Unconscionability (Iowa Law Review, Vol. 96, 2011) on SSRN. Here is the abstract: Lucrative pay to corporate managers remains controversial yet...

Yankah on Overcriminalization

Posted on February 16, 2011
Ekow N. Yankah (Yeshiva University - Benjamin N. Cardozo School of Law) has posted A Paradox in Overcriminalization (New Criminal law Review, Vol. 14, No. 1, Winter 2011) on SSRN. Here is the abstract: Given that one of the central...

Harel & Shinar on Constrained Judicial Review

Posted on February 16, 2011
Alon Harel and Adam Shinar (Hebrew University of Jerusalem - Faculty of Law and Harvard Law School) have posted Between Judicial and Legislative Supremacy: A Cautious Defense of Constrained Judicial Review on SSRN. Here is the abstract: This Article explores...

Lipshaw on Metaphor & Contract Law

Posted on February 16, 2011
Jeffrey M. Lipshaw (Suffolk University Law School) has posted Metaphors, Models, and Meaning in Contract Law on SSRN. Here is the abstract: Why does there seem to be such a wide gap between the subject matter of the usual first-year...

Taylor on Legal Interpretation

Posted on February 16, 2011
George H. Taylor (University of Pittsburgh - School of Law) has posted Legal Interpretation: The Window of the Text as Transparent, Opaque, or Translucent (Nevada Law Review, Vol. 10, p. 700, Summer 2010) on SSRN. Here is the abstract: It...

Waldron on Thoughtfulness & the Rule of Law

Posted on February 15, 2011
Jeremy Waldron (New York University (NYU) - School of Law) has posted Thoughtfulness and the Rule of Law on SSRN. Here is the abstract: The rule of law is sometimes associated with the precision and determinacy of legal rules, and...

Halberstam on Global Governance, Institutional Pluralism, & Constitutional Law

Posted on February 15, 2011
Daniel Halberstam (University of Michigan Law School) has posted Systems Pluralism and Institutional Pluralism in Constitutional Law: Rethinking National, Supranational, and Global Governance on SSRN. Here is the abstract: This essay responds to the challenge of global governance by rethinking...

Krever on Supiot on Law & the Market

Posted on February 15, 2011
Tor Krever (University of Cambridge - Faculty of Law) has posted Calling Power to Reason? (New Left Review, No. 65, 2010) on SSRN. Here is the abstract: Review essay of Alan Supiot's Homo Juridicus: On the Anthropological Function of the...

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