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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

Guiora on Counterterrorism

Posted on January 04, 2010
Amos N. Guiora (University of Utah - S.J. Quinney College of Law) has posted American Counterterrorism: The Triangle of Detention, Interrogation and Trial on SSRN. Here is the abstract: Eight years after 9/11, American counterterrorism policy is in a state...

Helfand on Suspect Classifications & Same-Sex Marriage

Posted on January 04, 2010
Michael A. Helfand has posted The Usual Suspect Classifications: Criminals, Aliens, and the Future of Same-Sex Marriage on the Internet. Here is the abstract: In this Article, I argue for a new understanding of the immutability factor employed by courts...

Garrison on the Internal Security Acts of 1798

Posted on January 04, 2010
Arthur H. Garrison has posted The Internal Security Acts of 1798: The Founding Generation and the Judiciary During America?s First National Security Crisis (Journal of Supreme Court History, Vol. 34, No. 1, pp. 1-27, February 2009) on SSRN. Here is...

Dubber on Dignity in American Criminal Law

Posted on January 04, 2010
Markus D. Dubber (University of Toronto - Faculty of Law) has posted Dignity in Penal Law and Penal Police on SSRN. Here is the abstract: This essay explores the significance, or rather insignificance, of the concept of dignity in American...

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Legal Theory Lexicon: Formalism and Instrumentalism

Posted on January 03, 2010
Introduction American law students learn about formalism instrumentalism early on?although those particular terms may not be introduced explicitly in classroom discussion. Many law students hunger for ?black letter law": they are looking for legal rules that can be memorized and...

Legal Theory Bookworm

Posted on January 02, 2010
The Legal Theory Bookworm recommends Answering for Crime by Antony Duff. Here is a description: This is the paperback edition of Antony Duff's acclaimed new work on the structures of criminal law and criminal liability. His starting point is a...

Download of the Week

Posted on January 02, 2010
The Download of the Week is Inferiorizing Judicial Review: Popular Constitutionalism in Trial Courts by Ori Aronson. Here is the abstract: The ongoing debates over the legitimacy of judicial review as well as the evolving school of thought called ?popular...

Ten Legal Theory Books from 2009

Posted on January 01, 2010
Here are ten of my favorite books from the Legal Theory Bookworm in 2009, in alphabetical order by author: The Will of the People: How Public Opinion Has Influenced the Supreme Court and Shaped the Meaning of the Constitution by...

Downloads of the Year

Posted on January 01, 2010
Here are ten of my favorite papers from 2009, in alphabetical order by author: The First Amendment and Commercial Speech C. Edwin Baker Skirmishes on the Temporal Boundaries of States by Meir Dan-Cohen Law, War, and the History of Time...

Levy & Glicksman on Preemption & Collective Action

Posted on December 31, 2009
Richard E. Levy and Robert L. Glicksman (University of Kansas - School of Law and George Washington University - Law School) have posted Access to Courts and Preemption of State Remedies in Collective Action Perspective (Case Western Reserve Law Review,...

Aronson on Judicial Review by Inferior Courts

Posted on December 31, 2009
Ori Aronson (Harvard Law School) has posted Inferiorizing Judicial Review: Popular Constitutionalism in Trial Courts (University of Michigan Journal of Law Reform, Forthcoming) on SSRN. Here is the abstract: The ongoing debates over the legitimacy of judicial review as well...

Phillips & Carter on the Gender of Oralists & Justices in the Roberts Court

Posted on December 31, 2009
James Cleith Phillips and Edward Carter (University of California, Berkeley - School of Law and Brigham Young University) has posted Gender and U. S. Supreme Court Oral Argument on the Roberts Court: An Empirical Examination of the Sotomayor Hypothesis on...

Symeonides on Tort Conflicts in Orgeon

Posted on December 31, 2009
Symeon C. Symeonides (Willamette University - College of Law) has posted Oregon's New Choice-of-Law Codification for Tort Conflicts: An Exegesis (Oregon Law Review, Vol. 88, 2010) on SSRN. Here is the abstract: This Article discuses Oregon?s new choice-of-law codification for...

Zimmer on Ricci v. Stefano

Posted on December 31, 2009
Michael J. Zimmer (Loyola University Chicago School of Law) has posted Ricci?s Color-Blind Standard in a Race Conscious Society: A Case of Unintended Consequences? on SSRN. Here is the abstract: In Ricci v. DeStefano, the Supreme Court in an opinion....

Speta on FCC Regulatory Jurisdiction & Net Neutrality

Posted on December 31, 2009
James B. Speta (Northwestern University - School of Law) has posted The Shaky Foundations of the Regulated Internet (Journal of Telecommunications and High Technology Law, Vol. 8, No. 1, 2010) on SSRN. Here is the abstract: The Federal Communications Commission's...

Foka-Kavalieraki & Hatzis on the Foundations of a Market Economy

Posted on December 31, 2009
Yulie Foka-Kavalieraki and Aristides N. Hatzis (University of Athens, Department of Philosophy & History of Science and University of Athens - Department of Philosophy & History of Science) have posted The Foundations of a Market Economy: Contract, Consent, Coercion (European...

Orbach on the Image Theory of Resale Price Maintenance

Posted on December 30, 2009
Barak Y. Orbach (University of Arizona) has posted The Image Theory: RPM and the Allure of High Prices (Antitrust Bulletin, 2010) on SSRN. Here is the abstract: A century of debates over resale price maintenance (?RPM?) has generated hundreds of...

Suggs on Copyright & Expressive Culture

Posted on December 30, 2009
Robert E. Suggs (University of Maryland School of Law) has posted Copyright for a Social Species on SSRN. Here is the abstract: Arguments about the proper scope of copyright protection focus on the economic consequences of varying degrees of protection...

Spece on Medical Tourism & Referral Fees

Posted on December 30, 2009
Roy G. Spece (University of Arizona - James E. Rogers College of Law) has posted Medical Tourism: Protecting Patients from Conflicts of Interest in Broker's Fees Paid by Foreign Providers (Journal of Health and Biomedical Law, 2010) on SSRN. Here...

Mitchell, Malpezzi, & Green on Forced Sales, Race, and Class

Posted on December 30, 2009
Thomas W. Mitchell, Stephen Malpezzi and Richard Green (University of Wisconsin Law School, University of Wisconsin at Madison and USC Lusk Center for Real Estate) have posted Forced Sale Risk: Class, Race, and The 'Double Discount' (Florida State University Law...

Sidhu on Judicial Review as Soft Power

Posted on December 30, 2009
Dawinder S. Sidhu (Center for Justice, Law & Society) has posted Judicial Review as Soft Power: How the Courts Can Help Us Win the Post-9/11 Conflict (American University - National Security Law Brief) on SSRN. Here is the abstract: The...

Shatz on Abstience Education

Posted on December 30, 2009
Naomi R. Shatz (New York Civil Liberties Union) has posted Unconstitutional Entanglements: The Religious Right, the Federal Government, and Abstinence Education in the Schools (Yale Journal of Law & Feminism, Vol. 19, p. 495, 2008) on SSRN. Here is the...

Lavranos on Judicial Deference by the European Court of Justice

Posted on December 29, 2009
Nikos Lavranos (European University Institute) has posted On Misguided Judicial Deference by the ECJ and ECRTHR (DISPUTE RESOLUTION, C. Baudenbacher, ed., German Law Publishers, 2009) on SSRN. Here is the abstract: This contribution analyzes several cases in which both the...

McLoughlin on Ely & Election Law

Posted on December 29, 2009
Luke P. McLoughlin has posted The Elysian Foundations of Election Law (Temple Law Review, Vol. 82, pp. 90-148, 2009) on SSRN. Here is the abstract: Three decades ago, John Hart Ely described and defended a theory of judicial review founded...

Choi, Johnson-Skinner, & Pritchard on Campaign Contributions & Securities Class Action Fees

Posted on December 29, 2009
Stephen J. Choi, Drew T. Johnson-Skinner and Adam C. Pritchard (New York University - School of Law , New York University School of Law and University of Michigan Law School) have posted The Price of Pay to Play in Securities...

Abatino, Dari-Mattiacci, & Perotti on Depersonalization of Business in Ancient Rome

Posted on December 29, 2009
Barbara Abatino, Giuseppe Dari-Mattiacci and Enrico C. Perotti (University of Amsterdam - Amsterdam Center for Law and Economics (ACLE) and University of Amsterdam - Finance Group) have posted Early Elements of the Corporate Form: Depersonalization of Business in Ancient Rome...

Zamir & Ritov on Fairness & Contigent Fees for Attorneys

Posted on December 29, 2009
Eyal Zamir and Ilana Ritov (Hebrew University of Jerusalem - Faculty of Law and Hebrew University of Jerusalem - School of Education) has posted Notions of Fairness and Contingent Fees on SSRN. Here is the abstract: Notions of fairness play...

Landeo & Spier on Market Foreclosure by Exclusive Contracts

Posted on December 29, 2009
Claudia M. Landeo and Kathryn E. Spier (Northwestern University - School of Law and Harvard University - Harvard Law School) have posted Naked Exclusion: An Experimental Study of Contracts with Externalities (American Economic Review, Forthcoming) on SSRN...

Pettys on Public & Private Morality

Posted on December 28, 2009
Todd E. Pettys (University of Iowa - College of Law) has posted Sodom's Shadow: The Uncertain Line between Public and Private Morality on SSRN. Here is the abstract: In citizens? debates about issues of public policy, we frequently encounter what...

Lee on Roman Law in the House of Lords

Posted on December 28, 2009
James Lee (University of Birmingham - School of Law) has posted Confusio: Reference to Roman Law in the House of Lords and the Development of English Private Law (Roman Legal Tradition, Vol. 5, pp. 24-66, 2009) on SSRN. Here is...

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