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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

Olmstead & Stavins on Climate Policy

Posted on December 16, 2009
Sheila M. Olmstead and Robert N. Stavins (Yale University - School of Forestry and Environmental Studies and Harvard University - John F. Kennedy School of Government) have posted An Expanded Three-Part Architecture for Post-2012 International Climate Policy on SSRN...

Tadros on Criminalization & Regulation

Posted on December 16, 2009
Victor Tadros (University of Warwick - School of Law) has posted Criminalization and Regulation (R.A. Duff, L. Farmer, S.E. Marshall, M. Renzo, and V. Tadros, BOUNDARIES OF THE CRIMINAL LAW, Oxford: OUP, Forthcoming) on SSRN. Here is the abstract: What...

Enriques on European Takeover Law

Posted on December 16, 2009
Luca Enriques (University of Bologna - Faculty of Law) has posted European Takeover Law: The Case for a Neutral Approach on SSRN. Here is the abstract: This paper argues that in revising the Takeover Bid Directive, EU policymakers should adopt...

Uhlmann on Environmental Crimes

Posted on December 16, 2009
David M. Uhlmann (University of Michigan - Law School) has posted Environmental Crime Comes of Age: The Evolution of Criminal Enforcement in the Environmental Regulatory Scheme (Utah Law Review, Forthcoming) on SSRN. Here is the abstract: The environmental crimes program...

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Book Announcement: Theorizing the Global Legal Order

Posted on December 15, 2009
New Publication from Hart Publishing Hart Publishing is pleased to announce the publication of Theorising the Global Legal Order Edited by Andrew Halpin and Volker Roeben. As a reader of the Legal Theory Blog we are very pleased to offer...

Vincent on Keren-Paz on Torts & Distributive Justice

Posted on December 15, 2009
Nicole A. Vincent (Delft University of Technology - Philosophy) has posted Book Review of 'Torts, Egalitarianism and Distributive Justice' by Tsachi Keren-Paz (Australian Journal of Legal Philosophy, Vol. 33, pp. 199-204, 2008) on SSRN. Here is the abstract: This is...

Triantis on Tousa

Posted on December 15, 2009
George G. Triantis (Harvard University - Harvard Law School) has posted A Tussle with Tousa: Savings Clauses in Intercorporate Guaranties on SSRN. Here is the abstract: In October, 2009, the bankruptcy court of the Southern District of Florida rendered its...

Keller on Interntional Human Rights & the Juvenile Death Penalty in U.S. Courts

Posted on December 15, 2009
Linda M. Keller (Thomas Jefferson School of Law) has posted Using International Human Rights Law in U.S. Courts: Lessons From the Campaign against the Juvenile Death Penalty (WHAT IS RIGHT FOR CHILDREN? THE COMPETING PARADIGMS OF RELIGION AND HUMAN RIGHTS,...

Hutchison on Interpretation & the Internet

Posted on December 15, 2009
Cameron J. Hutchison (University of Alberta - Faculty of Law) has posted Interpretation & the Internet on SSRN. Here is the abstract: Almost twenty years have passed since the advent of the internet. The revolutionary nature of the technology is...

Booth, Leigh, and Varganova on Racial & Ethnic Discrimination in Australia

Posted on December 15, 2009
Alison L. Booth, Andrew Leigh and Elena Varganova (Australian National University - Research School of Social Sciences (RSSS) , University of Essex - Department of Economics , Australian National University - Economics Program, Research School of Social Sciences and Australian...

Strand on a Civic Concept of Law

Posted on December 15, 2009
Palma Strand (Creighton University School of Law) has posted A Civic Critique of Democracy: Civic Organizing as the Generating Force of a Civic Concept of Law on SSRN. Here is the abstract: This article focuses on how citizen actions and...

Ahdieh on Paulsen on International Law

Posted on December 14, 2009
Robert B. Ahdieh (Emory Law School) has posted The Fog of Certainty (Yale Law Journal Online, Vol. 119, 2009) on SSRN. Here is the abstract: In a recent essay in the Yale Law Journal, constitutional law scholar Michael Stokes Paulsen...

Dubber on the Impact of Terror & American Criminal Law

Posted on December 14, 2009
Markus D. Dubber (University of Toronto - Faculty of Law) has posted The War on Terror and U.S. Criminal Law on SSRN. Here is the abstract: This paper addresses the question of what impact the so-called ?new security agenda against...

Legal Theory Lexicon: Functionalist Explanation in Legal Theory

Posted on December 14, 2009
Introduction In a prior installment of the Legal Theory Lexicon, we explored the difference between Positive and Normative Legal Theories. Positive legal theory attempts to explain and predict legal behavior, especially the content of legal rules. Normative legal theory makes...

Kraus on Normative Powers Skepticism

Posted on December 14, 2009
Jody S. Kraus (University of Virginia School of Law) has posted Personal Sovereignty and Normative Power Skepticism (Columbia Law Review Sidebar, Vol. 109) on SSRN. Here is the abstract: In "The Correspondence of Contract and Promise," I claim that contract...

Book Announcement: The Moral Purpose of the State by Reus-Smit

Posted on December 14, 2009
The Moral Purpose of the State Culture, Social Identity, and Institutional Rationality in International Relations Christian Reus-Smit To read the entire book description or the introduction, please visit: http://press.princeton.edu/titles/6742.html This book seeks to explain why different systems of sovereign states...

Leiter on Positivism

Posted on December 14, 2009
Brian Leiter (University of Chicago Law School) has posted Why Legal Positivism? (U of Chicago, Public Law Working) on SSRN. Here is the abstract: This short paper will be presented at a panel on "Legal Positivism: For and Against?" at...

Gilles on Roe's Life-or-Health Exception

Posted on December 14, 2009
Stephen G. Gilles (Quinnipiac University School of Law) has posted Roe's Life-or-Health Exception: Self-Defense or Relative-Safety? (Notre Dame Law Review, Forthcoming) on SSRN. Here is the abstract: This Article presents the first in-depth descriptive analysis of Roe v Wade?s holding...

Legal Theory Bookworm

Posted on December 12, 2009
The Legal Theory Bookworm recommends Media Concentration and Democracy: Why Ownership Matters by C. Edwin Baker. Here is a description: Firmly rooting its argument in democratic and economic theory, the book argues that a more democratic distribution of communicative power...

Download of the Week

Posted on December 12, 2009
The Download of the Week is The First Amendment and Commercial Speech, 84 IND. L.J. (forthcoming 2009) by C. Edwin (Ed) Baker. Here is the abstract: After a quick summary of constitutional treatment of commercial speech, this essay outlines four...

Sherman on Obama's Detention Policies

Posted on December 12, 2009
Edward F. Sherman (Tulane University Law School) has posted Obama Positions in the Aftermath of Supreme Court?s Rejection of Bush Detention Policies at Guantanamo (Military Law and the Law of War Review, Forthcoming) on SSRN. Here is the abstract: The...

Grant & Studdert on Personal Injury Compensation Processes & Health Outcomes

Posted on December 11, 2009
Genevieve Grant and David M. Studdert (University of Melbourne and University of Melbourne - Faculty of Law & Faculty of Medicine, Dentistry and Health Sciences) has posted Poisoned Chalice? A Critical Analysis of the Evidence Linking Personal Injury Compensation Processes...

Dixon on Women & the Politics of Judicial Appointment

Posted on December 11, 2009
Rosalind Dixon (University of Chicago - Law School) has posted Female Justices, Feminism and the Politics of Judicial Appointment: A Re-examination on SSRN. Here is the abstract: In recent years, feminists in the United States have consistently advocated for the...

Ku on Criminalizing Legal Advice

Posted on December 11, 2009
Julian Ku (Hofstra University - School of Law) has posted The Wrongheaded and Dangerous Campaign to Criminalize Good Faith Legal Advice (Case Western Reserve Journal of International Law, Forthcoming) on SSRN. Here is the abstract: I argue in this brief...

Book Announcement: Self-Fulfillment by Gewirth in Paper & eBook

Posted on December 11, 2009
Self-Fulfillment Alan Gewirth One of Choice's Outstanding Academic Books of 1999 To read the entire book description or a sample chapter, please visit: http://press.princeton.edu/titles/6413.html Cultures around the world have regarded self-fulfillment as the ultimate goal of human striving and as...

Kraus on Contract & Promise

Posted on December 11, 2009
Jody S. Kraus (University of Virginia School of Law) has posted The Correspondence of Contract and Promise (Columbia Law Review, Vol. 109, No. 7, 2009) on SSRN. Here is the abstract: Correspondence accounts of the relationship between contract and promise...

Garfield on Race-Preference Student Assignment Plans

Posted on December 11, 2009
Leslie Yalof Garfield (Pace University - School of Law) has posted Don't Count Them Out Just Yet: Toward the Plausible Use of Race-Preference Student Assignment Plans (Rutgers Race and the Law Review, Vol. 10, p. 340-361, 2008/2009) on SSRN. Here...

Buzbee on State Climate Regulation & Preemption

Posted on December 11, 2009
William W. Buzbee (Emory University School of Law) has posted State Greenhouse Gas Regulation, Federal Climate Change Legislation, and the Preemption Sword (San Diego Journal of Climate and Energy Law, Vol. 1, p. 23. 2009) on SSRN. Here is the...

Smith on the Public Trust Doctrine & the Public Good

Posted on December 10, 2009
George P. Smith II (Catholic University of America - Columbus School of Law) has posted Stewardship, the Common Good, and Resource Management: Socio-Economic, Legal, and Philosophical Challenges on SSRN. Here is the abstract: The Public Trust Doctrine, long acknowledged as...

Book Announcement: Princeton Encyclopedia of American Political History

Posted on December 10, 2009
The Princeton Encyclopedia of American Political History. (Two volume set) Edited by Michael Kazin Rebecca Edwards & Adam Rothman, associate editors To read the entire two-volume book description, table of contents, preface, or sample entries, please visit:http://press...

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