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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

Engstrom on Settlement Mills

Posted on December 10, 2009
Nora Freeman Engstrom (Stanford Law School) has posted Run-of-the-Mill Justice (Georgetown Journal of Legal Ethics, Vol. 22, No. 4, 2009) on SSRN. Here is the abstract: This Article examines a particular form of heretofore unexamined personal injury law practice that...

Kontorovich & Art on Universal Jurisdiction for Piracy

Posted on December 10, 2009
Eugene Kontorovich and Steven Art (Northwestern University Law School) have posted The Limits of Judicial Altruism: An Empirical Examination of Universal Jurisdiction for Piracy on SSRN. Here is the abstract: This Article presents the first systematic empirical study of the...

Brooks on Justice Wilson

Posted on December 10, 2009
Kim Brooks (McGill University - Faculty of Law) has posted Justice Bertha Wilson: One Woman's Difference (JUSTICE BERTHA WILSON: ONE WOMAN'S DIFFERENCE, Kim Brooks, ed., Vancouver: UBC Press, 2009) on SSRN. Here is the abstract: Bertha Wilson was the first...

Becchetti, Ricca and Pelloni on Relational Goods & Life Satisfaction

Posted on December 10, 2009
Leonardo Becchetti, Elena Giachin Ricca and Alessandra Pelloni (University of Rome II - Faculty of Economics , University of Rome II and University of Rome II, Department of Economics) have posted On the Causal Impact of Relational Goods on HappinessOn...

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Talbot on the Contractual Model of the Firm

Posted on December 10, 2009
Lorraine E. Talbot (University of Warwick) has posted The Contractual Model of the Company: A Critical Appraisal (CRITICAL COMPANY LAW, Chapter 3, Routledge-Cavendish 2008) on SSRN. Here is the abstract: The purpose of this chapter is to examine critically the...

Publication Announcement: Inter Alia

Posted on December 10, 2009
The Yale Law & Policy Review (YLPR) is proud to announce the forthcoming launch of Inter Alia, an online companion to the print version of YLPR. The purpose of this site is to serve as a cutting-edge forum for shorter,...

Pursley on Preemption in Congress

Posted on December 09, 2009
Garrick Pursely (University of Texas) has posted Preemption in Congress on SSRN. Here is the abstract: Modern preemption is about more than courts following the Supremacy Clause?s command to apply federal law rather than state law where the two conflict...

Hacker on Gender & Inheritance

Posted on December 09, 2009
Daphna Hacker (Tel-Aviv University) has posted The Gender Dimensions of Inheritance: Empirical Food for Legal Thought (Journal of Empirical Legal Studies, Vol. 7, No. 2, 2010) on SSRN. Here is the abstract: Inheritance is an extremely significant personal, familial, social,...

Shapiro on Knowles on Kennedy

Posted on December 09, 2009
Ilya Shapiro (Cato Institute) has posted A Faint-Hearted Libertarian at Best: The Sweet Mystery of Justice Anthony Kennedy (Harvard Journal of Law and Public Policy, Forthcoming) on SSRN. Here is the abstract: This is a review of Helen J. Knowles's...

Lake on False Light Advertising & Constitutional Limits on Defamation Law

Posted on December 09, 2009
James B. Lake (Stetson University College of Law) has posted Restraining False Light: Constitutional and Common Law Limits on a 'Troublesome Tort' (Federal Communications Law Journal, Vol. 61, No. 3, 2009) on SSRN. Here is the abstract: The defamation tort...

Ed Baker

Posted on December 09, 2009
It is with great sadness that I learned today that Ed Baker, the distinguished constitutional scholar at the University of Pennsylvania, passed away yesterday. I last saw Ed at the conference on Dworkin's new book at Boston University in September....

Aolain on Gender & Conflict

Posted on December 09, 2009
Fionnuala D. Ni Aolain (Transitional Justice Institute (University of Ulster)) has posted Gender, Masculinities and Transition in Conflicted Societies (New England Law Review, Forthcoming) on SSRN. Here is the abstract: This article uses a gender lens to explore how conflict...

Portuese on the Law & Economics of Multilingualism in the EU

Posted on December 09, 2009
Aur�lien Portuese (University of Paris 2 Pantheon-Assas) has posted Law and Economics of the European Multilingualism on SSRN. Here is the abstract: The economics of language applied to multilingualism in the European Union (EU) has only recently come to the...

Goldberg & Zipursky on Intervening Wrongdoing & the Restatement (Third) of Torts

Posted on December 08, 2009
John C.P. Goldberg and Benjamin C. Zipursky (Harvard Law School and Fordham University - School of Law) have posted Intervening Wrongdoing in Tort: The Restatement (Third)?s Unfortunate Embrace of Negligent Enabling (Wake Forest Law Review, Forthcoming) on SSRN...

Cohen on the The Rule of Law and Reasons

Posted on December 08, 2009
Mathilde Cohen (Columbia University) has posted The Rule of Law as the Rule of Reasons (Archiv Fur Rechts - Und Sozialphilosophie, Vol. 96, No. 1, 2010) on SSRN. Here is the abstract: This paper argues that in contemporary legal thinking,...

Lerner & Lund on Celebrity & the Justices

Posted on December 08, 2009
Craig S. Lerner and Nelson Lund (George Mason University School of Law and George Mason University School of Law) have posted Judicial Duty and the Supreme Court?s Cult of Celebrity (George Mason Law & Economics Research Paper No. 09-61, George...

Staszewski on Textualist Statutory Interpretation by Executive Officials

Posted on December 08, 2009
Glen Staszewski (Michigan State University College of Law) has posted Textualism and the Executive Branch (Michigan State Law Review, Vol. 2009, pp.143-183, 2009) on SSRN. Here is the abstract: This contribution to a Symposium on Administrative Statutory Interpretation examines the...

Fineman on Images of Gender & Equality

Posted on December 08, 2009
Martha Albertson Fineman (Emory University - School of Law) has posted Evolving Images of Gender and Equality: A Feminist Journey (New England Law Review, Vol. 43, Emory Public Law Research) on SSRN. Here is the abstract: This chapter, which will...

Geistfeld on the Restatement (Third) of Torts

Posted on December 07, 2009
Mark Geistfeld (New York University - School of Law) has posted Restatement (Third) of Torts Symposium: 'Social Value as a Policy-Based Limitation of the Ordinary Duty to Exercise Reasonable Care.' (Wake Forest Law Review, Vol. 44, p. 899, 2009) on...

Crocker on the Fourth Amendment after Lawrence V. Texas

Posted on December 07, 2009
Thomas P. Crocker (University of South Carolina School of Law) has posted From Privacy to Liberty: The Fourth Amendment After Lawrence (UCLA Law Review, Vol. 57, No. 1, 2009) on SSRN. Here is the abstract: This Article explores a conflict...

Schauer on Regulation of Holocaust Denial

Posted on December 07, 2009
Frederick Schauer (University of Virginia School of Law) has posted Social Epistemology, Holocaust Denial, and the Post-Millian Calculus (REGULATING HATE SPEECH: CONTEXT, CONTENT, AND REMEDIES, Michael Herz & Peter Molnar, eds., Cambridge University Press, 2010) on SSRN...

Marmor on Legal Implicature

Posted on December 07, 2009
Andrei Marmor (USC Gould School of Law) has posted Can the Law Imply More than it Says? On Some Pragmatic Aspects of Strategic Speech on SSRN. Here is the abstract: The content of the law is often determined by what...

Fish on Internet Censorship & Democracy in South Korea

Posted on December 07, 2009
Eric S. Fish (Yale University - Law School) has posted Is Internet Censorship Compatible with Democracy?: Legal Restrictions of Online Speech in South Korea (Asia-Pacific Journal on Human Rights and the Law, Forthcoming) on SSRN. Here is the abstract: This...

Legal Theory Lexicon: Primary and Secondary Rules

Posted on December 06, 2009
Introduction Most law students begin to notice that there is a fundamental difference between the kinds of legal rules that come up in torts & criminal law, on the one hand, and the sorts of legal rules that arise in...

Legal Theory Bookworm

Posted on December 05, 2009
The Legal Theory Bookworm recommends Criminal Law Conversations, edited by Paul Robinson, Stephen Garvey, and Kimberly Ferzan. Here is a description: Criminal Law Conversations provides an authoritative overview of contemporary criminal law debates in the United States...

Download of the Week

Posted on December 05, 2009
The Download of the Week is Skirmishes on the Temporal Boundaries of States by Meir Dan-Cohen. Here is the abstract: This paper focuses on the special difficulties of resolving collective disputes, specifically among states, that result from past mischief...

Magliocca on the Court Packing Plan & Perceptions of the Difficulty of Obtaining Ratification of Constitutional Amendments

Posted on December 04, 2009
Gerard N. Magliocca (Indiana University School of Law - Indianapolis) has posted The Child Labor Amendment and the Court-Packing Plan on SSRN. Here is the abstract: This Article presents new material on Franklin D. Roosevelt's Court-packing plan and its relationship...

Finkin on the Restatement on Employee Privacy

Posted on December 04, 2009
Matthew Finkin (University of Illinois College of Law) has posted On Restating the Common Law of Employee Privacy (Matthew W. Finkin, PRIVACY IN EMPLOYMENT LAW, BNA Press, Forthcoming) on SSRN. Here is the abstract: The American Law Institute (ALI) has...

Conference Announcement: The Planning Theory of Law at Bocconi (Milano)

Posted on December 04, 2009
The Planning Theory of Law: A Workshop with Scott Shapiro 10-11 December 2009 Angelo Sraffa Department of Law Universit� Commerciale Luigi Bocconi 20136 Milano Via Sarfatti 25 10 December 2009 Seminar Room AS02 Via R�ntgen 1 2:30-7:00pm 2:30pm Looking for...

Nollkaemper on Domestic Judgments in the International Court of Justice

Posted on December 04, 2009
Andre Nollkaemper (University of Amsterdam - Amsterdam Center for International Law) has posted The Reception by the International Court of Justice of Decisions of Domestic Courts (Federalismi.it, Rivista di Diritto Pubblico Italiano, Comunitario e Comparato, n...

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