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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

Data Collection for the Entry Level Hiring Report Starts in One Week

Posted on February 24, 2010
As I did last year, I will be gathering information via Surveymonkey. Every year, new hires are reported and their names are published, but it then develops that they have not informed their employers of their departure. Please be sensitive...

Farina on the Unitary Executive

Posted on February 24, 2010
Cynthia R. Farina (Cornell Law School) has posted False Comfort and Impossible Promises: Uncertainty, Information Overload, and the Unitary Executive (University of Pennsylvania Journal of Constitutional Law, Forthcoming) on SSRN. Here is the abstract: The movement toward President-centered government is...

Theissen & ten Napel on Pluralism in the U.S. & the E.U.

Posted on February 24, 2010
Florian H. Karim Theissen and Hans-Martien Th.D. ten Napel (Leiden University - Leiden Law School and Leiden Law School) have posted Taking Pluralism Seriously: The US and the EU as Multicultural Democracies (RELIGION, POLITICS AND LAW. PHILOSOPHICAL REFLECTIONS ON THE...

Loewy on "Knowing Consent" to Search & Seizure

Posted on February 24, 2010
Arnold H. Loewy (Texas Tech University - School of Law) has posted Knowing 'Consent' Means 'Knowing Consent' - The Underappreciated Wisdom of Justice Marshall?s Schneckloth v. Bustamonte Dissent (Mississippi Law Journal, Vol. 79, No. 1, pp. 97-113, 2010) on SSRN...

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Ashcroft v. Iqbal

Posted on February 23, 2010
Check out this symposium on Ashcroft v. Iqbal!

Brennan on Vining's Phenomenology of Law

Posted on February 23, 2010
Patrick McKinley Brennan (Villanova University School of Law) has posted Are Legislation and Rules a Problem in Law? Thoughts on the Work of Joseph Vining (Villanova Law Review, 2010) on SSRN. Here is the abstract: Written for a conference at...

Berger on the Shocks-the-Conscience Test for Executive Violations of Due Process

Posted on February 23, 2010
Rosalie Berger Levinson (Valparaiso University - Law School) has posted Time to Bury the Shocks-the-Conscience Test (Chapman Law Review, Forthcoming) on SSRN. Here is the abstract: The Supreme Court has acknowledged that "the Due Process Clause, like its forebear in...

Prakash on Originalism & Popular Sovereignty

Posted on February 23, 2010
Semantic OriginalismSaikrishna Prakash (University of Virginia - School of Law) has posted The Misunderstood Relationship between Originalism and Popular Sovereignty on SSRN. Here is the abstract: This short essay contests the interpretational claim that fans of popular sovereignty often make,...

Lanni on Judicial Review & the Athenian Constitution

Posted on February 23, 2010
Adriaan Lanni (Harvard University - Harvard Law School) has posted Judicial Review and the Athenian 'Constitution' on SSRN. Here is the abstract: This paper examines the judicial procedures for reviewing legislation in classical Athens and argues that we can discern...

Farina on Nondelegation

Posted on February 23, 2010
Cynthia R. Farina (Cornell Law School) has posted Deconstructing Nondelegation (Harvard Journal of Law and Public Policy, Vol. 33, No. 87) on SSRN. Here is the abstract: This Essay (part of the panel on "The Administrative State and the Constitution"...

Memorial for Robert J. (Bobby) Lipkin at Widener Law School's Delaware Campus

Posted on February 23, 2010
Here is the information: My colleagues and I would like to let you know that Widener Law School will be hosting a memorial for Bobby at 4:00 on March 8th at the Law School's Delaware Campus in Wilmington. The formal...

Law on Judicial Independence

Posted on February 23, 2010
David S. Law (Washington University School of Law in St. Louis; Washington University, St. Louis - Department of Political Science) has posted Judicial Independence (THE INTERNATIONAL ENCYCLOPEDIA OF POLITICAL SCIENCE (Bertrand Badie, Dirk Berg-Schlosser & Leonardo Morlino eds...

Huffman & Anderson on Pleading

Posted on February 22, 2010
Max Huffman (Indiana University School of Law -- Indianapolis) & Mark Anderson (University of Idaho - College of Law) have posted Iqbal, Twombly, and the Expected Cost of False Positive Errors on SSRN. Here is the abstract: Iqbal and Twombly...

Farber on Uncertainty & Risk

Posted on February 22, 2010
Daniel A. Farber (University of California, Berkeley - School of Law) has posted Uncertainty on SSRN. Here is the abstract: Many of the pressing policy issues facing us today require confronting the unknown and making difficult choices in the face...

Raz on Wall, Green, and Darwall, on Respect, Practical Authority, and Political Neutrality

Posted on February 22, 2010
Joseph Raz (Columbia Law School and University of Oxford - Faculty of Law) has posted Respect, Authority & Neutrality on SSRN. Here is the abstract: The paper is a critique of three papers, by Stephen Wall, Leslie Green and Stephen...

Law on Empirical Research on Constitutions & Constitutionalism

Posted on February 22, 2010
David S. Law (Washington University School of Law in St. Louis; Washington University, St. Louis - Department of Political Science) has posted Constitutions (The Oxford Handbook of Empirical Legal Research (Peter Cane & Herbert Kritzer eds., forthcoming 2010)) on SSRN...

Primus on Originalism as Ethical Argument

Posted on February 22, 2010
Richard Primus (University of Michigan Law School) has posted The Functions of Ethical Originalism (Texas Law Review, Forthcoming) on SSRN. Here is the abstract: Jamal Greene has suggested that much originalist argument be understood on the model of what Philip...

Legal Theory Lexicon: Default Rules and Completeness

Posted on February 21, 2010
Introduction At some point in the introductory class in contract law, students are likely to encounter a very powerful idea--the distinction between "default rules" and "mandatory rules." The basic distinction is easy to grasp. Some rules of contract law supply...

Download of the Week

Posted on February 20, 2010
The Download of the Week is The Irrelevance of Writtenness in Constitutional Interpretation by Andrew Coan. Here is the abstract: Arguments about the nature of judicial review and appropriate methods of judicial interpretation based on the "writtenness" of the Constitution...

Egerman on Roe v. Crawford

Posted on February 20, 2010
Mark Egerman (Georgetown University Law Center) has posted Roe v. Crawford: Do Inmates Have an Eighth Amendment Right to Elective Abortions? (Harvard Journal of Law and Gender, Vol. 31, p. 423, 2009) on SSRN. Here is the abstract: This note...

Legal Theory Bookworm

Posted on February 20, 2010
The Theory Bookworm recommends A Theory of Legal Argumentation: The Theory of Rational Discourse as Theory of Legal Justification by Robert Alexy. Here is the abstract: What is to be understood by 'rational legal argument'? To what extent can legal...

Robert J. Lipkin

Posted on February 20, 2010
I am sad to report that Robert J. (Bobby) Lipkin has passed away. From the Widener website: Robert 'Bobby? J. Lipkin, a Distinguished Professor of Constitutional Law on Widener Law?s Delaware Campus, passed away on Thursday, February 18th. The Widener...

Barrett on Substantive Canons & Faithful Agency

Posted on February 19, 2010
Amy Coney Barrett (Notre Dame Law School) has posted Substantive Canons and Faithful Agency (Boston University Law Review, Vol. 90, 2010) on SSRN. Here is the abstract: Federal courts have long employed substantive canons of construction to interpret federal statutes...

Carlson on Claim Preclusion & Illegal Bankruptcy Reorganization Plans

Posted on February 19, 2010
David Gray Carlson (Yeshiva University - Benjamin N. Cardozo School of Law) has posted The Res Judicata Worth of Illegal Bankruptcy Reorganization Plans (Temple Law Review, Vol. 82, No. 2, 2009) on SSRN. Here is the abstract: Every reorganization chapter...

Coan on Writtenness and Originalism with Some Comments

Posted on February 19, 2010
Introduction Andrew Coan has posted The Irrelevance of Writtenness in Constitutional Interpretation on SSRN. This post has to purposes: first, I want to recommend Coan?s piece to the readers of Legal Theory Blog, and second, I want to engage some...

Wasserman on Transnational Class Actions

Posted on February 19, 2010
Rhonda Wasserman (University of Pittsburgh School of Law) has posted Transnational Class Actions and Interjurisdictional Preclusion on SSRN. Here is the abstract: As global markets expand and trans-border disputes multiply, American courts are pressed to certify transnational class actions -...

Crowe & Toohey on "Best Interests of the Child"

Posted on February 19, 2010
Jonathan Crowe and Lisa C. Toohey (The University of Queensland - T.C. Beirne School of Law and The University of Queensland - T.C. Beirne School of Law) have posted From Good Intentions to Ethical Outcomes: The Paramountcy of Children's Interests...

Sartor, Rudnianski, Rotolo, Riveret, and Mayor on Nasty and Nice Lawyers

Posted on February 19, 2010
Giovanni Sartor, Michel Rudnianski, Antonino Rotolo, R�egis Riveret and Eunate Mayor (European University Institute Law Department, Conservatoire des Arts et Metiers (CNAM), unknown, University of Aberdeen, and European University Institute) have posted Why Lawyers are Nice (or Nasty): A Game-Theoretical...

Moses on 15 Penn Plaza LLC v. Pyett

Posted on February 18, 2010
Margaret L. Moses (Loyola University Chicago School of Law) has posted The Pretext of Textualism: Disregarding Stare Decisis in 14 Penn Plaza v. Pyett (Lewis & Clark Law Review, Forthcoming) on SSRN. Here is the abstract: In 14 Penn Plaza...

Wallin on the Religious Beliefs of Jefferson & Adams

Posted on February 18, 2010
Alex E. Wallin (The Norman Adrian Wiggins School of Law at Campbell University) has posted The Declaration of Independence: The Religious Beliefs of Thomas Jefferson and John Adams and Their Role in the Beginning of a Revolution and Nation on...

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