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Academic

Legal Theory Blog 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

Recent Entries: 5612

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Book Announcement: Partisan Balance by Mayhew

Posted on February 15, 2011
Partisan Balance Why Political Parties Don't Kill the U.S. Constitutional System David R. Mayhew To read the entire book description or the introduction, please visit: http://press.princeton.edu/titles/9432.html With three independent branches, a legislature divided into two houses, and many diverse constituencies,...


Mikhail on Emotion, Deontic Judgment, and Law (and Joshua Greene)

Posted on February 15, 2011
John Mikhail (Georgetown University Law Center) has posted Emotion, Neuroscience, and Law: A Comment on Darwin and Greene (Emotion Review, Forthcoming) on SSRN. Here is the abstract: Darwin?s (1871) observation that evolution has produced in us certain emotions responding to...


Bauries on Garcetti v. Ceballos in the Federal Appellate Courts

Posted on February 15, 2011
Scott R. Bauries (University of Kentucky College of Law) & Patrick Schach have posted Coloring Outside the Lines: Garcetti v. Ceballos in the Federal Appellate Courts (Education Law Reporter, Vol. 262, p. 357, 2011) on SSRN. Here is the abstract:...


O'Neill on Constitutional Jeremiads

Posted on February 15, 2011
Timothy P. O'Neill (John Marshall Law School) has posted Constitutional Argument as Jeremiad (Valparaiso University Law Review, Vol. 45, No. 1, 2010) on SSRN. Here is the abstract: The "jeremiad" - a lamentation over how a community has fallen away...


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Grimmelman on Sealand & HavenCo

Posted on February 14, 2011
James Grimmelmann (New York Law School) has posted Sealand, HavenCo, and the Rule of Law on SSRN. Here is the abstract: In 2000, a group of American entrepreneurs moved to a former World War II anti-aircraft platform in the North...


Legal Theory Lexicon: Hohfeld

Posted on February 14, 2011
Introduction You need to know Hohfeld! Why? Because W.N. Hohfeld?s typology of rights from his book Fundamental Legal Conceptions is, well, fundamental. And useful! Law students encounter the idea of right (moral or legal) early and often. But ?rights talk?...


Osofsky on Multidimensional Governance & the BP Deepwater Horizon Oil Spill

Posted on February 14, 2011
Hari M. Osofsky (University of Minnesota - Twin Cities - School of Law) has posted Multidimensional Governance and the BP Deepwater Horizon Oil Spill on SSRN. Here is the abstract: This Article explores the governance challenges posed by the BP...


Hurt on Regulating Executive Compensation

Posted on February 14, 2011
Christine Hurt (University of Illinois College of Law) has posted Regulating Compensation (Entrepreneurial Business Law Journal, Forthcoming) on SSRN. Here is the abstract: In the Fall of 2008, the United States economy experienced what has been called a financial crisis,...


Harcourt on the Malaria Experiments at Stateville Prison & Fabricated Consent

Posted on February 14, 2011
Bernard E. Harcourt (University of Chicago - Law School) has posted Making Willing Bodies: Manufacturing Consent Among Prisoners and Soldiers, Creating Human Subjects, Patriots, and Everyday Citizens - The University of Chicago Malaria Experiments on Prisoners at Stateville Penitentiary on...


Chafetz on Levinson on Constitutional Commitment

Posted on February 14, 2011
Josh Chafetz (Cornell Law School) has posted The Political Animal and the Ethics of Constitutional Commitment (Harvard Law Review Forum, Vol. 124, pp. 1-12, February 2011) on SSRN. Here is the abstract: In his article Parchment and Politics: The Positive...


Mank on Summers v. Earth Island Institute & Standing

Posted on February 12, 2011
Bradford C. Mank (University of Cincinnati - College of Law) has posted Summers V. Earth Island Institute: Its Implications for Future Standing Decisions (Environmental Law Reporter, Vol. 40, p. 10958, 2010) on SSRN. Here is the abstract: In Summers v...


Legal Theory Bookworm

Posted on February 12, 2011
The Legal Theory Bookworm recommends Transformations in American Legal History, II: Law, Ideology, and Methods -- Essays in Honor of Morton J. Horwitz, edited by Daniel W. Hamilton & Alfred L. Brophy. Here is a description: Over the course of...


Download of the Week

Posted on February 12, 2011
The Download of the Week is Reforming Article V: The Problems Created by the National Convention Amendment Method and How to Fix Them by Michael B. Rappaport. Here is the abstract: The amendment provisions of the United States Constitution have...


Craig on Proportionality & Judicial Review in Administrative Law

Posted on February 11, 2011
Paul P. Craig (University of Oxford - Faculty of Law) has posted Proportionality, Rationality and Review (New Zealand Law Review, p. 265, 2010) on SSRN. Here is the abstract: There is a debate in certain common law jurisdictions as to...


Joerges, Trubek, & Zumbansen on Critical Legal Thought & Comparative Legal Theory

Posted on February 11, 2011
Christian Joerges, David M. Trubek and Peer Zumbansen (European University Institute - Department of Law, University of Wisconsin Law School and Osgoode Hall Law School - York University) have posted The Legacy of Critical Legal Thought and Transatlantic Endeavours on...


Lawsky on Declining Marginal Utility & Tax Policy

Posted on February 11, 2011
Sarah B. Lawsky (University of California, Irvine School of Law) has posted On the Edge: Declining Marginal Utility and Tax Policy (Minnesota Law Review, Vol. 95, No. 3, 2011) on SSRN. Here is the abstract: Tax policy and scholarship generally...


Cohen on Copyright & Incentives

Posted on February 11, 2011
Julie E. Cohen (Georgetown University Law Center) has posted Copyright as Property in the Post-Industrial Economy: A Research Agenda (Wisconsin Law Review, Vol. 2011, 2011) on SSRN. Here is the abstract: The incentives-for-authors formulation of copyright?s purpose is so deeply...


Bambauer on Wikileaks

Posted on February 11, 2011
Derek E. Bambauer (Brooklyn Law School) has posted Consider the Censor (Wake Forest Journal of Law & Policy, Forthcoming) on SSRN. Here is the abstract: WikiLeaks is frequently celebrated as the whistleblowing heir of the Pentagon Papers case. This Essay...


Fuentes-Rohwer on Political Gerrymandering

Posted on February 11, 2011
Luis E. Fuentes-Rohwer (Indiana University Maurer School of Law) has posted Looking for a Few Good Philosopher Kings: Political Gerrymandering as a Question of Institutional Competence (Connecticut Law Review, Forthcoming) on SSRN. Here is the abstract: The redistricting season is...


Kolber on Greenawalt on Freedom of Conscience

Posted on February 10, 2011
Adam J. Kolber (Brooklyn Law School) has posted Alternative Burdens on Freedom of Conscience (San Diego Law Review, Vol. 47, 2010) on SSRN. Here is the abstract: We sometimes exempt people from generally applicable laws when compliance would violate their...


Baradaran & McIntyre on Predicting Violence & Pretrial Detention

Posted on February 10, 2011
Shima Baradaran and Frank McIntyre (Brigham Young University - J. Reuben Clark Law School and Brigham Young University - Department of Economics) have posted Predicting Violence on SSRN. Here is the abstract: The last several years have seen a marked...


Lee on Empirical Desert

Posted on February 10, 2011
Youngjae Lee (Fordham University School of Law) has posted Desert, Deontology, and Vengeance (Arizona State Law Journal, Vol. 42, 2011) on SSRN. Here is the abstract: In a series of recent writings, Paul Robinson has defended ?empirical desert? as the...


Klass on the Law of Information

Posted on February 10, 2011
Gregory Klass (Georgetown University Law Center) has posted Meaning, Purpose and Cause in the Law of Information on SSRN. Here is the abstract: Laws designed to affect the flow of information take many forms: rules against misrepresentation, disclosure requirements, secrecy...


Sarnoff on Patent Eligible Inventions

Posted on February 10, 2011
Joshua D. Sarnoff (DePaul University College of Law) has posted Patent Eligible Inventions after Bilski: History and Theory on SSRN. Here is the abstract: The U.S. Supreme Court has continued to require that patentable subject matter eligibility determinations under Section...


Yung on Heterogenity, Multidimensionality, and Independence in Empirical Studies of Judging

Posted on February 10, 2011
Corey Rayburn Yung (The John Marshall Law School) has posted How Judges Decide: A Multidimensional Empirical Typology of Judicial Styles in the Federal Courts on SSRN. Here is the abstract: This article calls into question fundamental premises related to the...


Rappaport on Constitutional Amendments

Posted on February 09, 2011
Michael B. Rappaport (University of San Diego School of Law) has posted Reforming Article V: The Problems Created by the National Convention Amendment Method and How to Fix Them (Virginia Law Review, Vol. 96, No. 7, November 2010) on SSRN....


Fellowship Announcement: H.L.A. Hart Visiting Fellowships at Oxford

Posted on February 09, 2011
HLA Hart Visiting Fellowships Oxford Centre for Ethics and Philosophy of Law http://www.univ.ox.ac.uk/news_and_announcements/vacancies/academic_appointments/hla_hart_visiting_fellowships_1/ The Oxford Centre for Ethics and Philosophy of Law (CEPL) invites applications for up to four short-term HLA Hart Visiting Fellowships to be held at University College,...


McLay on Choosing Between Tort Law & the Human Rights Acts in the UK, Canada, & New Zealand

Posted on February 09, 2011
Geoff McLay (Victoria University of Wellington - Law Faculty) has posted Constitutional Rights - Tort Law or the Human Rights Acts: Towards a Framework on SSRN. Here is the abstract: Courts in the United Kingdom, Canada, and New Zealand have...


Calo on Religious Pluralism & the European Court of Human Rights

Posted on February 09, 2011
Zachary R. Calo (Valparaiso University School of Law) has posted Pluralism, Secularism and the European Court of Human Rights (Journal of Law and Religion, Vol. 26, p. 101, 2010) on SSRN. Here is the abstract: Beginning with its seminal 1993...


Walsh on Partial Unconstitutionality

Posted on February 09, 2011
Kevin C. Walsh (University of Richmond - School of Law) has posted Partial Unconstitutionality (New York University Law Review, Vol. 85, p. 738, 2010) on SSRN. Here is the abstract: Courts often hold legislation unconstitutional, but nearly always only part...


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