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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

Conference Announcement: LatCrit XIV at American University

Posted on August 17, 2009
The full preliminary conference program schedule for LatCrit XIV and the LatCrit/SALT New Faculty Development Workshop, hosted by American University Washington College of Law Oct. 1-4, has been released. It is here: www.tinyurl.com/LatCritXIV-program Hotel and conference registration materials are here:...

Ohm on Anonymization & Privacy

Posted on August 17, 2009
Paul Ohm (University of Colorado Law School) has posted Broken Promises of Privacy: Responding to the Surprising Failure of Anonymization on SSRN. Here is the abstract: Computer scientists have recently undermined our faith in the privacy-protecting power of anonymization, the...

Samaha on Randomization in Adjudication

Posted on August 17, 2009
Adam Samaha (University of Chicago - Law School) has posted Randomization in Adjudication (William & Mary Law Review, Forthcoming) on SSRN. Here is the abstract: Flipping a coin to decide a case is among the most serious forms of judicial...

Strauss on Modernization & Judicial Review

Posted on August 17, 2009
David A. Strauss (University of Chicago Law School) has posted The Modernizing Mission of Judicial Review on SSRN. Here is the abstract: Constitutional interpretation usually looks to the past--to an old text, to history, to precedent, to tradition ? in...

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Pinard on Collateral Consequences of Criminal Convictions

Posted on August 15, 2009
Michael Pinard (University of Maryland - School of Law) has posted Collateral Consequences of Criminal Convictions: Confronting Issues of Race and Dignity on SSRN. Here is the abstract: This article explores the racial dimensions of the various collateral consequences that...

Legal Theory Bookworm

Posted on August 15, 2009
The Legal Theory Bookworm recommends Made with Words: Hobbes on Language, Mind, and Politics by Philip Pettit. Here is a description: Hobbes's extreme political views have commanded so much attention that they have eclipsed his work on language and mind,...

Download of the Week

Posted on August 15, 2009
The Download of the Week is Judicial Character (and Does it Matter) by Paul Horwitz. Here is the abstract: This Essay, forthcoming in Constitutional Commentary, discusses three recent books about judicial decision making: Richard A. Posner's How Judges Think, H...

Burch on Weinstein on Complex Litigation

Posted on August 14, 2009
Elizabeth Chamblee Burch (Florida State University - College of Law) has posted A New Way Forward: A Response to Judge Weinstein (Cardozo De Novo, Vol. 2009, p. 168, 2009) on SSRN. Here is the abstract: This short essay responds to...

van der Burg on Bioethics & the Law

Posted on August 14, 2009
Wibren van der Burg (Erasmus University Rotterdam- School of Law) has posted Bioethics and Law (OXFORD COMPANION TO BIOETHICS, Second Edition, Forthcoming) on SSRN. Here is the abstract: In this paper, I begin with discussing the problem of defining concepts...

Cohen on Precedent-Based Voting Paradoxes

Posted on August 14, 2009
David S. Cohen (Drexel University - Earle Mack School of Law) has posted The Precedent-Based Voting Paradox on SSRN. Here is the abstract: A voting paradox arises when the outcome of a case is the opposite of the resolution of...

Smith on the Establishment Clause

Posted on August 14, 2009
Steven Douglas Smith (University of San Diego School of Law) has posted The Establishment Clause and the 'Problem of the Church' on SSRN. Here is the abstract: This essay, presented at a conference on Law and Religion at Princeton in...

Simon on IP for Public Biobanks

Posted on August 14, 2009
Brenda M. Simon (Stanford Law School) has posted How to Get a Fair Share: IP Policies for Publicly Supported Biobanks (Stanford Journal of Law, Science & Policy, Forthcoming) on SSRN. Here is the abstract: To realize the benefits of personalized...

Cushman on Legal Change & Securities Law

Posted on August 13, 2009
Barry Cushman (University of Virginia School of Law) has posted The Securities Laws and the Mechanics of Legal Change (Virginia Law Review, Forthcoming) on SSRN. Here is the abstract: This essay, prepared for the Virginia Law Review symposium marking the...

Woolhandler & Collins on Tarble's Case

Posted on August 13, 2009
Ann Woolhandler and Michael G. Collins (University of Virginia - School of Law and University of Virginia School of Law) have posted The Story of Tarble's Case: State Habeas and Federal Detention (FEDERAL COURTS STORIES, Vicki C. Jackson & Judith...

Nachbar on the Rule of Law

Posted on August 13, 2009
Thomas B. Nachbar (University of Virginia School of Law) has posted Defining the Rule of Law Problem (The Rule of Law Handbook: A Practitioner's Guide, Katherine Gorove & Captain Thomas B. Nachbar, eds., Center for Law and Military Operations, 2008)....

Black on Reputational Damges in Securities Litigation

Posted on August 13, 2009
Barbara Black (University of Cincinnati - College of Law) has posted Reputational Damages in Securities Litigation (Journal of Corporation Law, Forthcoming) on SSRN. Here is the abstract: This short paper, originating in remarks made at the Institute for Law and...

Melnick on Judicial Power in the Civil Rights State

Posted on August 13, 2009
R. Shep Melnick (Boston College) has posted Judicial Power in the Civil Rights State: an Empirical Investigation on SSRN. Here is the abstract: This paper examines the role courts and agencies play in enforcing civil rights statutes. It argues (1)...

Peerenboom on Sequencing & Development

Posted on August 13, 2009
Randall Peerenboom (La Trobe University, Faculty of Law and Management) has posted Rule of Law, Democracy and the Sequencing Debate: Lessons from China and Vietnam on SSRN. Here is the abstract: Sequencing has recently become a bad word in development...

Saxer on the Religious Land Use & institutionalized Persons Act, Land Use Regulation, and Building Codes

Posted on August 13, 2009
Shelley Ross Saxer (Pepperdine University - School of Law) has posted Assessing RLUIPA's Application to Building Codes and Aesthetic Land Use Regulation (Albany Government Law Review, Vol. 2, 2009) on SSRN. Here is the abstract: This article presents the author?s...

McClain & Grossman on Women's Equal Citizenship

Posted on August 12, 2009
Linda C. McClain and Joanna L. Grossman (Boston University - School of Law and Hofstra University - School of Law) have posted Gender Equality: Dimensions of Women's Equal Citizenship (GENDER EQUALITY: DIMENSIONS OF WOMEN'S EQUAL CITIZENSHIP, Linda C...

McDonald on Campaign Finance Regulation & Emotion

Posted on August 12, 2009
Barry McDonald (Pepperdine University - School of Law) has posted Campaign Finance Regulation and the Marketplace of Emotions (Pepperdine Law Review, Vol. 36, 2009) on SSRN. Here is the abstract: This essay examines the validity, in light of new empirical...

Woolhandler & Collins on Holmes & Federal Question Jurisdiction

Posted on August 12, 2009
Ann Woolhandler and Michael G. Collins (University of Virginia - School of Law and University of Virginia School of Law) have posted Federal Question Jurisdiction and Justice Holmes (Notre Dame Law Review, Forthcoming) on SSRN. Here is the abstract: mith...

White on Intellectual History & the Founding

Posted on August 12, 2009
G. Edward White (University of Virginia School of Law) has posted Revisiting the Ideas of the Founding (University of Cincinnati Law Review, Vol. 77, June 2009) on SSRN. Here is the abstract: When the ideas of the founding period of...

Taussig on Good Faith in Class Actions

Posted on August 12, 2009
Eran B. Taussig (University of Pennsylvania Law School) has posted Broadening the Scope of Judicial Gatekeeping: Adopting the Good Faith Doctrine in Class Action Proceedings (St. John's Law Review , Vol. 84, No. 1, 2010) on SSRN. Here is the...

Henderson on Credit Derivates & Insurance

Posted on August 12, 2009
M. Todd Henderson (University of Chicago - Law School) has posted Credit Derivatives Are Not 'Insurance' on SSRN. Here is the abstract: According to the conventional wisdom, credit derivative contracts are a form of insurance. This view is held by...

O'Hear on Luna on Restorative Justice

Posted on August 11, 2009
Michael M. O'Hear (Marquette University Law School) has posted Restorative Justice: Dangers of the Big Tent (CRIMINAL LAW CONVERSATIONS (Paul H. Robinson et al. eds., 2009) on SSRN. Here is the abstract: This comment responds to Erik Luna's essay "In...

Simon, Stenstrom, & Read on a Partisanship & Prosecutorial Decision-Making Experiment

Posted on August 11, 2009
Dan Simon, Doug Stenstrom and Stephen J. Read (USC Gould School of Law, USC Department of Psychology , University of Southern California and University of Southern California - Department of Psychology) have posted Partisanship and Prosecutorial Decision Making: An Experiment...

Mitchell on Retroactive Amelioration of Punishment

Posted on August 11, 2009
S. David Mitchell (University of Missouri) has posted In With the New, Out With the Old: Expanding the Scope of Retroactive Amelioration on SSRN. Here is the abstract: The legislative decision to amend a statute and reduce a sentence but...

Perry on Murray on the Right to Moral Freedom

Posted on August 11, 2009
Michael J. Perry (Emory University School of Law) has posted Religious Freedom and Beyond: The Right to Moral Freedom on SSRN. Here is the abstract: At the Second Vatican Council (1962-65), the celebrated American Jesuit John Courtney Murray played a...

Delacroix on Commitment and Legal & Moral Normativity

Posted on August 11, 2009
Sylvie Delacroix (University College London - Faculty of Laws) has posted You'd Better Be Committed: Legal Norms and Normativity on SSRN. Here is the abstract: There are many ways in which one may come to be committed to something. Commitment...

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