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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

MacLeod on Autonomy & Basic Goods

Posted on January 11, 2010
Adam MacLeod (Faulkner University, Jones School of Law) has posted The (Contingent) Value of Autonomy and the Reflexivity of (Some) Basic Goods on SSRN. Here is the abstract: Many of the legal and policy issues about which people today get...

Legal Theory Lexicon: Legal Theory, Jurisprudence, and the Philosophy of Law

Posted on January 10, 2010
Introduction The Legal Theory Lexicon series usually explicates some concept in legal theory, jurisprudence, or philosophy of law. But what are those fields and how do they relate to each other? Is ?jurisprudence? a synonym for ?philosophy of law? or...

Legal Theory Bookworm

Posted on January 09, 2010
The Legal Theory Bookworm recommends The Endurance of National Constitutions by Zachary Elkins, Tom Ginsburg, & James Melton. Here is a description: Constitutions are supposed to provide an enduring structure for politics. Yet only half live more than nineteen years...

Download of the Week

Posted on January 09, 2010
The Download of the Week is The Lost History of Governance and Equal Protection by Victoria Nourse and Sarah Maguire. Here is the abstract: Constitutionalists believe that the Equal Protection Clause died during the early decades of the twentieth century...

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Heaton & Helland on Judicial Expenditures & Court Utilization

Posted on January 08, 2010
Paul Heaton and Eric Helland (RAND Corporation) have posted Judicial Expenditures and Litigation Access: Evidence from Auto Injuries on SSRN. Here is the abstract: Despite claims of a judicial funding crisis, there exists little direct evidence linking judicial budgets to...

Leo & Gould on Social Science & Wrongful Convictions

Posted on January 08, 2010
Richard A. Leo and Jon B. Gould (University of San Francisco - School of Law) have posted Studying Wrongful Convictions: Learning from Social Science (Ohio State Journal of Criminal Law, Vol. 7, 2009) on SSRN. Here is the abstract: There...

Stapleton on Proof of Causation in Asbestos Claims

Posted on January 08, 2010
Jane Stapleton (Australian National University - ANU College of Law and University of Texas at Austin School of Law) has posted The Two Explosive Proof-of-Causation Doctrines Central to Asbestos Claims (Brooklyn Law Review, Vol. 74, No. 3, 2009) on SSRN...

Anderson on Kennedy's "The Parliament of Man"

Posted on January 08, 2010
Kenneth Anderson (Washington College of Law, American University) has posted Does Anyone Really Want a Parliament of Man? (Goettingen Journal of International Law, Vol. 1, pp. 539-566, 2009) on SSRN. Here is the abstract: This is a review-essay of historian...

Call for Papers: Graduate Conference in Political Theory at Princeton

Posted on January 07, 2010
Graduate Conference in Political Theory - Submission deadline extended to January 18th Princeton University 9-10 April 2010 The Committee for the Graduate Conference in Political Theory at Princeton University welcomes papers concerning any period, methodological approach or topic in political...

Citron & Meltzer on Solove on Privacy

Posted on January 07, 2010
Danielle Keats Citron and Leslie Meltzer Henry (University of Maryland School of Law and University of Maryland School of Law) have posted Visionary Pragmatism and the Value of Privacy in the Twenty-First Century (Michigan Law Review, Vol. 108, 2010) on...

Turner on Parents Involves in Community Schools v. Seattle School District No. 1

Posted on January 07, 2010
Ronald Turner (University of Houston Law Center) has posted Plessy 2.0 (Lewis & Clark Law Review, Vol. 13, p. 861, 2009) on SSRN. Here is the abstract: In its infamous 1896 decision in Plessy v. Ferguson the Supreme Court of...

Gray on Religion & Stability

Posted on January 07, 2010
David C. Gray (University of Maryland - School of Law) has posted Constitutional Faith and Dynamic Stability: Thoughts on Religion, Constitutions and Transitions to Democracy (Maryland Law Review, Vol. 69, p. 26, 2009) on SSRN. Here is the abstract: This...

Hovenkamp on the FTC & the Sherman Act

Posted on January 07, 2010
Herbert J. Hovenkamp (University of Iowa - College of Law) has posted The Federal Trade Commission and the Sherman Act on SSRN. Here is the abstract: The FTC has explicit antitrust authority to enforce the Clayton Act, although not the...

Levine on Dickerson v. United States

Posted on January 07, 2010
Samuel J. Levine (Pepperdine University School of Law) has posted Miranda, Dickerson, and Jewish Legal Theory: The Constitutional Rule in a Comparative Analytical Framework (Maryland Law Review, Vol. 69, No. 1, 2009) on SSRN. Here is the abstract: In this...

Michael J. Perry (Emory University

Posted on January 07, 2010
Michael J. Perry (Emory University School of Law) has posted The Political Morality of Liberal Democracy on SSRN. Here is the abstract: At the beginning of my career as a law professor, in the mid-1970s, I was principally engaged by...

ASPLP in New Orleans Today

Posted on January 06, 2010
If you are arriving in New Orleans today for the AALS Annual Meeting, check out the American Society for Political & Legal Philosophy, which meets today. The meetings are in the Hilton Riverside, Third Floor, Belle Chasse Room, starting at...

Symeonides on Choice of Law in U.S. Courts in 2009

Posted on January 06, 2010
Symeon C. Symeonides (Willamette University - College of Law) has posted Choice of Law in the American Courts in 2009: Twenty-Third Annual Survey (American Journal of Comparative Law, Vol. 58, 2010) on SSRN. Here is a description of this highly...

Adler on Willful Breach & Contract Law

Posted on January 06, 2010
Barry E. Adler (New York University - School of Law) has posted Contract Law and the Willfulness Diversion on SSRN. Here is the abstract: As a general matter, American contract law imposes strict liability for breach. The willfulness doctrine, under....

Lindseth on Administrative versus Constitutional Governance in Europe

Posted on January 06, 2010
Peter L. Lindseth (University of Connecticut School of Law) has posted Introduction: Reconciling Europe and the Nation-State (RESISTANCE AND RECONCILIATION: EUROPEAN INTEGRATION, ADMINISTRATIVE GOVERNANCE, AND THE NATION-STATE IN HISTORICAL PERSPECTIVE, Oxford University Press, 2010) on SSRN...

Sotomayor Profile by Lauren Collins in the New Yorker

Posted on January 06, 2010
Check it out in the latest issue or online here.

Ogus on Law & Economics without Formal Modelling

Posted on January 06, 2010
Anthony Ogus (University of Manchester - School of Law) has posted Law and Economics in the Legal Academy or What I Should Have Said to Discipulus on SSRN. Here is the abstract: Is there a future for law and economics...

Nourse & Maguire on Governance & Equal Protection

Posted on January 06, 2010
Victoria Nourse and Sarah Maguire (University of Wisconsin Law School) have posted The Lost History of Governance and Equal Protection (Duke Law Journal, Vol. 58, No. 2, 2009) on SSRN. Here is the abstract: Constitutionalists believe that the Equal Protection...

Lyster & Coonan on the Precautionary Principle & Australian Environmental Law

Posted on January 06, 2010
Rosemary Lyster and Eric Coonan (University of Sydney - Faculty of Law and University of Sydney - Faculty of Law) has posted The Precautionary Principle: A Thrill Ride on the Roller Coaster of Energy and Climate Law (Review of European...

Secunda on Cultural Cognition Theory, Judging, and Labor Law

Posted on January 05, 2010
Paul M. Secunda (Marquette University - Law School) has posted Cultural Cognition At Work on SSRN. Here is the abstract: Cultural cognition theory provides an anthropological and psychological-based theory about how values actually influence judges. It suggests that values act...

Castiglione & Bellamy on European Union Studies & Legitimacy

Posted on January 05, 2010
Dario Castiglione and Richard Bellamy (University of Exeter - Department of Politics and University College London - Department of Political Science) have posted The Normative Turn in European Union Studies: Legitimacy, Identity and Democracy on SSRN...

Elhauge on the Google Books Settlement

Posted on January 05, 2010
Einer Elhauge (Harvard University - Harvard Law School) has posted Why the Google Books Settlement is Procompetitive (Journal of Legal Analysis, forthcoming) on SSRN. Here is the abstract: Although the Google Books Settlement has been criticized as anticompetitive, I conclude...

Morrison on the Economics of Bankruptcy

Posted on January 05, 2010
Edward R. Morrison (Columbia University - Law School) has posted The Economics of Bankruptcy: An Introduction to the Literature (Columbia Law and Economics Working Paper, Forthcoming) on SSRN. Here is the abstract: This essay surveys important contributions to the economics...

Arnaudo on Neuroscience & Law

Posted on January 05, 2010
Luca Arnaudo (Luiss Guido Carli University) has posted Cognitive Law: An Introduction on SSRN. Here is the abstract: Over the past decades cognitive neuroscience has achieved major results in better understanding the neural basis of human behavior. Economics has been...

Harrington on the EU & Sovereignty Outside the EU

Posted on January 05, 2010
Alexandra R. Harrington (McGill University - Faculty of Law) has posted Sovereignty, Territory and Fluidity: Lessons from Hoganas on SSRN. Here is the abstract: Throughout its history, debate has swirled around the impact of the European Union on sovereignty, territorial...

Tillman on "Offices" & "Officers" and the Annals of Congress

Posted on January 04, 2010
Seth Barrett Tillman (United States District Court, NJ) has posted Originalism, the Annals of Congress, and the Problem of Constitutional Memory on SSRN. Here is the abstract: The Constitution contains several clauses referring to government ?offices? and ?officers...

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