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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

Download of the Week

Posted on February 06, 2010
The Download of the Week is Consensus Textualism: States as Statutory Interpretation Laboratories by Abbe R. Gluck. Here is the abstract: This Article undertakes the first close study of statutory interpretation in several state courts of last resort, and illustrates...

Green, Ha, & Bullock on Regression Models of Mediation

Posted on February 05, 2010
Donald P. Green, Shang E. Ha, and John G Bullock (Yale University, Brooklyn College - CUNY, Yale University and Department of Political Science, Yale University) have posted Enough Already About "Black Box" Experiments: Studying Mediation is More Difficult than Most...

Smits on the Complexity of Transnational Law

Posted on February 05, 2010
Jan M. Smits (Tilburg University - Tilburg Institute of Comparative and Transnational Law) has posted The Complexity of Transnational Law: Coherence and Fragmentation of Private Law on SSRN. Here is the abstract: It is generally acknowledged that legal rules increasingly...

Blanes i Vidal & Leaver on Judicial Promotion in England

Posted on February 05, 2010
Jordi Blanes i Vidal and Clare Leaver (London School of Economics and University of Oxford) have posted Pandering Judges on SSRN. Here is the abstract: Tenured public officials such as judges are often thought to be indifferent to the concerns...

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Book Announcement: Untying the Knot by Metz

Posted on February 05, 2010
Untying the Knot Marriage, the State, and the Case for Their Divorce Tamara Metz To read the entire book description or a sample chapter, please visit: http://press.princeton.edu/titles/9199.html Marriage is at the center of one of today's fiercest political debates...

Originalism Works-in-Progress Conference at the University of San Diego

Posted on February 05, 2010
It is a glorious day in San Diego, California, with a blue sky, the sparkling Pacific, and wonderful conversation with Michael Kent Curtis and Garrett Epps. In a bit over an hour from now, we will be on our way...

Leiter on Dworkin

Posted on February 05, 2010
Brian Leiter (University of Chicago Law School) has posted In Praise of Realism (and Against 'Nonsense' Jurisprudence) on SSRN. Here is the abstract: (This is a significantly revised version of a paper first posted in March 2008.) Ronald Dworkin describes...

Gey on Government Speech

Posted on February 05, 2010
Steven G. Gey (Florida State University - College of Law) has posted Why Should the First Amendment Protect Government Speech When the Government Has Nothing to Say? (Iowa Law Review, Forthcoming) on SSRN. Here is the abstract: It is an...

Mathen on Religious Freedom & Equality

Posted on February 05, 2010
Carissima Mathen (University of New Brunswick) has posted What Religious Freedom Jurisprudence Reveals About Equality (Journal of Law and Equality, Vol. 6, No. 2, 2009) on SSRN. Here is the abstract: In this article I compare jurisprudence arising under the...

Desai & Waller on Brands

Posted on February 04, 2010
Deven R. Desai and Spencer Weber Waller (Thomas Jefferson School of Law and Loyola University Chicago School of Law) have posted Brands, Competition and the Law on SSRN. Here is the abstract: Brands matter. In modern times, brands and brand...

Efroni on Information as IP

Posted on February 04, 2010
Zohar Efroni (Stanford's Center for Internet and Society) has posted Information as Intellectual Property Subject Matter on SSRN. Here is the abstract: This paper is a draft chapter from a forthcoming book on copyright law in the digital environment. This...

Halbrook on the Second Amendment & Reconstruction

Posted on February 04, 2010
Stephen P. Halbrook has posted Heller, the Second Amendment, and Reconstruction: Protecting All Freedmen or Only Militiamen? (Santa Clara Law Review, Forthcoming) on SSRN. Here is the abstract: ?In the aftermath of the Civil War, there was an outpouring of...

Book Announcement: Trying Leviathan by Burnett in Paperback

Posted on February 04, 2010
Trying Leviathan The Nineteenth-Century New York Court Case That Put the Whale on Trial and Challenged the Order of Nature D. Graham Burnett Winner of the 2007 Isabelle Hermalyn Book Award, New York Urban History Winner of the 2007 New...

Hashimoto on Criminal Defendant Autonomy

Posted on February 04, 2010
Erica J. Hashimoto (University of Georgia Law School) has posted Resurrecting Autonomy: The Criminal Defendant's Right to Control the Case (Boston University Law Review, Forthcoming) on SSRN. Here is the abstract: In Faretta v. California, the Supreme Court exalted the...

Morrison on the Chapter 11 & the Chrysler and GM Bankruptcies

Posted on February 04, 2010
Edward R. Morrison (Columbia University - Law School) has posted Chrysler, GM and the Future of Chapter 11 on SSRN. Here is the abstract: Although they caused great controversy, the Chrysler and GM bankruptcies broke no new ground. They invoked...

Koppelman on the Thirteenth Amendment & Abortion

Posted on February 04, 2010
Andrew Koppelman (Northwestern University School of Law) has posted Forced Labor, Revisited: The Thirteenth Amendment and Abortion (PROMISES OF LIBERTY: THIRTEENTH AMENDMENT ABOLITIONISM AND ITS CONTEMPORARY VITALITY, Alexander Tsesis, ed., Columbia University Press, 2010) on SSRN...

Kwon on Parent Portfolio Races

Posted on February 04, 2010
Illoong Kwon (University at Albany, SUNY) has posted Patent Portfolio Races and Secrecy on SSRN. Here is the abstract: As new products depend on increasingly complex and complementary technologies, there exist growing concerns that stronger patent protection may hold up...

Painter-Thorne on the Existing-Indian-Family Exception & the Indian Child Welfare Act

Posted on February 03, 2010
Suzianne D. Painter-Thorne (Mercer University School of Law) has posted One Step Forward, Two Giant Steps Back: How the ?Existing Indian Family? Exception (Re)Imposes Anglo American Legal Values on American Indian Tribes to the Detriment of Cultural Autonomy (American Indian...

Epstein, Landes, & Posner on Judicial Dissents

Posted on February 03, 2010
Lee Epstein, William M. Landes and Richard A. Posner (Northwestern University - School of Law , University of Chicago Law School and University of Chicago Law School) have posted Why (and When) Judges Dissent: A Theoretical and Empirical Analysis on....

Fellowship Announcement: PhD Studentship at Cambridge

Posted on February 03, 2010
Environmental Services Association Education Trust Studentship in Law Trinity Hall invites applications for the Environmental Services Association Education Trust (ESAET) Studentship. Established in 2008, the ESAET will provide one Studentship with funding to cover University composition fees at the home/EU...

Gluck on State Experimentation in Statutory Interpretation

Posted on February 03, 2010
Abbe R. Gluck (Columbia University - Columbia Law School) has posted Consensus Textualism: States as Statutory Interpretation Laboratories (Yale Law Journal, Forthcoming) on SSRN. Here is the abstract: This Article undertakes the first close study of statutory interpretation in several...

Dannenbaum on International Criminal Court & the Trust Fund for Victims

Posted on February 03, 2010
Tom Dannenbaum (Yale Law School) has posted The International Criminal Court, Article 79, and Transitional Justice: The Case for an Independent Trust Fund for Victims (Wisconsin International Law Journal, Vol. 28, 2010) on SSRN. Here is the abstract: In a...

Koppelman on Leiter on Religion

Posted on February 03, 2010
Andrew Koppelman (Northwestern University School of Law) has posted No Respect: Brian Leiter on Religion on SSRN. Here is the abstract: In two recent papers, Brian Leiter argues that there is no good reason for law to single out religion...

Cohen on Sex Segretation

Posted on February 03, 2010
David S. Cohen (Drexel University - Earle Mack School of Law) has posted Keeping Men Men and Women Down: Sex Segregation, Anti-Essentialism, and Masculinity (Harvard Journal of Law and Gender, Forthcoming) on SSRN. Here is the abstract: Current-day sex segregation...

Hamilton on Fish on Academic Duties

Posted on February 02, 2010
Neil W. Hamilton (University of St. Thomas School of Law (Minnesota)) has posted Academic Freedom?s Duties: A Review of Stanley Fish?s Save the World on Your Own Time (Journal of College and University Law, Vol. 36, p. 285, 2009) on...

Allen on Lauden & Stein on Evidence

Posted on February 02, 2010
Ronald J. Allen (Northwestern University Law School) has posted Laudan, Stein, and the Limits of Theorizing About Juridical Proof (Law and Philosophy , Vol.29, No. 2, p. 195, 2010) on SSRN. Here is the abstract: Two new books by Alex...

Book Announcement: Demanding Democracy by Stears

Posted on February 02, 2010
Demanding Democracy American Radicals in Search of a New Politics Marc Stears To read the entire book description or the introduction, please visit: http://press.princeton.edu/titles/9197.html This is a major work of history and political theory that traces radical democratic thought in...

Cohen on Medical Tourism

Posted on February 02, 2010
I. Glenn Cohen (Harvard Law School) has posted Protecting Patients with Passports: Medical Tourism and the Patient Protective-Argument (Iowa Law Review, Vol. 95, No. 5, 2010) on SSRN. Here is the abstract: In this Article I examine ?medical tourism? -...

Koppelman on Morality & Same-Sex Marriage

Posted on February 02, 2010
Andrew Koppelman (Northwestern University School of Law) has posted Careful with that Gun: Lee, George, Wax, and Geach on Gay Rights and Same-Sex Marriage on SSRN. Here is the abstract: Many Americans think that homosexual sex is morally wrong and...

Criddle on Vermeule on Schmittian Administrative Law

Posted on February 02, 2010
Evan J. Criddle (Syracuse University College of Law) has posted Mending Holes in the Rule of (Administrative) Law (Northwestern University Law Review Colloquy, Forthcoming) on SSRN. Here is the abstract: The past decade has witnessed a surge of interest in...

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