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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

Foster on Coursen on Environmental Justice & Equal Protection

Posted on July 29, 2009
Sheila Foster (Fordham University - School of Law) has posted Environmental Justice and the Constitution (Environmental Law Reporter, Vol. 39, No. 10347, 2009) on SSRN. Here is the abstract: In a recent essay in ELR, David Coursen queries whether environmental...

Hirsch on Globalization & Employees

Posted on July 29, 2009
Jeffrey M. Hirsch (University of Tennessee College of Law) has posted Making Globalism Work for Employees (Saint Louis University Law Journal, Forthcoming) on SSRN. Here is the abstract: The rise of globalism has allowed businesses to expand their chains of...

Weiss on the Post-Partisan Presidency

Posted on July 29, 2009
David C. Weiss (University of Michigan at Ann Arbor) has posted In Defense of the Post-Partisan President: Toward the Boundary between 'Partisan' Advantage and 'Political' Choice on SSRN. Here is the abstract: This Essay examines what it means, if anything,...

Burleson on Same Sex Marriage

Posted on July 29, 2009
Elizabeth Burleson (USD School of Law) has posted From Nondiscrimination to Civil Marriage on SSRN. Here is the abstract: As William Faulkner explained, we must be free not because we claim freedom, but because we practice it. This article analyzes...

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Mattei & Morpurgo on Globalization, the Rule of Law, and Plunder

Posted on July 29, 2009
Ugo Mattei and Marco de Morpurgo (University of California - Hastings College of Law) has posted Global Law and Plunder: The Dark Side of the Rule of Law on SSRN. Here is the abstract: The ?rule of law? has traditionally...

Sellers on Classical Influences on the U.S. Constitution

Posted on July 29, 2009
Mortimer Newlin Stead Sellers (University of Baltimore - School of Law) has posted Classical Influences on the American Founding Fathers (THE CLASSICAL TRADITION, Anthony Grafton, Glenn Most, Salvatore Settis, (eds.), Harvard, 2009) on SSRN. Here is the abstract: The American...

Beale on Juvenile Justice Reform & Race

Posted on July 28, 2009
Sara Sun Beale (Duke University - School of Law) has posted You?ve Come a Long Way, Baby: Two Waves of Juvenile Justice Reforms as Seen from Jena, Louisiana (Harvard Civil Rights- Civil Liberties Law Review (CR-CL), Vol. 44, No. 2,...

Magliocca on Bagehot & the U.S. Constitution

Posted on July 28, 2009
Gerard N. Magliocca (Indiana University School of Law - Indianapolis) has posted Walter Bagehot and the American Constitution on SSRN. Here is the abstract: This Article examines Walter Bagehot's classic book on the English Constitution and applies his analysis to...

Ford on Failure to Respond to Natural Disaster

Posted on July 28, 2009
Stuart Ford (The John Marshall Law School) has posted Is the Failure to Respond Appropriately to a Natural Disaster a Crime Against Humanity? The Responsibility to Protect and Individual Criminal Responsibility in the Aftermath of Cyclone Nargis on SSRN...

Reidy on Human Rights & Toleration

Posted on July 28, 2009
David A. Reidy, J.D., Ph.D. (University of Tennessee - Department of Philosophy) has posted Human Rights and Liberal Toleration on SSRN. Here is the abstract: In this paper, I respond to Jim Nickel's criticisms of John Rawls's conception of human...

Jain on the Efficiency of Neglience

Posted on July 28, 2009
Satish K. Jain (Jawaharlal Nehru University) has posted On the Efficiency of Negligence Rule on SSRN. Here is the abstract: In the law and economics literature there are three different versions of negligence rule which have been discussed. These three...

Lowenstein on Good Faith & Business Associations

Posted on July 27, 2009
Mark Loewenstein (University of Colorado Law School) has posted The Diverging Meaning of Good Faith (Delaware Journal of Corporate Law (DJCL), Vol. 34, No. 2, 2009) on SSRN. Here is the abstract: This article explores the meaning of "good faith"...

Florestal on Race, Class, & Culture in Contracts

Posted on July 27, 2009
Marjorie Florestal (University of the Pacific (UOP) - McGeorge School of Law) has posted Is a Burrito a Sandwich? Exploring Race, Class and Culture in Contracts (Michigan Journal of Race and Law, Vol. 14, Issue 1, Fall 2008) on SSRN....

Crawford on Taxation, Pregnancy, & Privacy

Posted on July 27, 2009
Bridget J. Crawford (Pace University School of Law) has posted Taxation, Pregnancy and Privacy (William & Mary Journal of Women and the Law, Forthcoming) on SSRN. Here is the abstract: This Article frames a discussion of surrogacy within the context....

Beale on U.S. Attorneys

Posted on July 27, 2009
Sara Sun Beale (Duke University - School of Law) has posted Rethinking the Identity and Role of United States Attorneys (Ohio State Journal of Criminal Law, Vol. 6, No. 2, pp. 369-439, 2009) on SSRN. Here is the abstract: This...

Sag on the Google Book Settlement

Posted on July 27, 2009
Matthew Sag (DePaul University - College of Law) has posted The Google Book Settlement and the Fair Use Counterfactual on SSRN. Here is the abstract: This Article compares the Settlement to the most likely outcome of the litigation the settlement...

Michaels on Economics of Choice of Law

Posted on July 27, 2009
Ralf Michaels (Duke University - School of Law) has posted Economics of Law as Choice of Law (Law and Contemporary Problems, Vol. 71, No. 3, pp. 73-104, 2008) on SSRN. Here is the abstract: If economics is about choice, then...

Legal Theory Lexicon: Causation

Posted on July 26, 2009
Introduction Causation is one of the basic conceptual tools of legal analysis. And for most purposes, we can get along with a notion of causation that is both vague and ambiguous. In the world of medium sized physical objects (automobiles,...

Legal Theory Bookworm

Posted on July 25, 2009
The Legal Theory Bookworm recommends Social Conventions: From Language to Law by Andrei Marmor. Here is a description: Social conventions are those arbitrary rules and norms governing the countless behaviors all of us engage in every day without necessarily thinking...

Download of the Week

Posted on July 25, 2009
The Download of the Week is Responsibility & the Negligence Standard by Joseph Raz. Here is the abstract: The paper has dual aim: to analyse the structure of negligence, and to use it to offer an explanation of responsibility (for...

Bainbridge on Shareholder Activism

Posted on July 24, 2009
Stephen M. Bainbridge (University of California, Los Angeles - School of Law) has posted Shareholder Activism in the Obama Era on SSRN. Here is the abstract: The financial crisis of 2008 and the ascendancy of the Democratic Party in Washington...

Spalding on Anti-Bribery Legislation

Posted on July 24, 2009
Andrew Brady Spalding (University of Mumbai) has posted Unwitting Sanctions: Understanding Anti-Bribery Legislation as Economic Sanctions against Emerging Markets on SSRN. Here is the abstract: Although the purpose of international anti-bribery legislation, particularly the U...

George on the States Secrets Privilege

Posted on July 24, 2009
Beth George (New York University School of Law) has posted Addressing the Incentives Problem of the State Secrets Privilege (New York University Law Review, Vol. 84, December 2009) on SSRN. Here is the abstract: Over fifty years ago, in Reynolds...

Sellers on Classical Influences on the French Revolution

Posted on July 24, 2009
Mortimer Newlin Stead Sellers (University of Baltimore - School of Law) has posted Classical Influences on the Law and Politics of the French Revolution (THE CLASSICAL TRADITION, Anthony Grafton, Glenn Most, Salvatore Settis, (eds.), Harvard, 2009) on SSRN...

Lakoff on Metaphor & Neuroscience

Posted on July 24, 2009
George Lakoff (University of California, Berkeley) has posted The Neural Theory of Metaphor on SSRN. Here is the abstract: The neural revolution is changing our understanding of the brain and the mind in radical ways, and that is no less...

Mashaw on Due Process of Governance

Posted on July 24, 2009
Jerry Louis Mashaw (Yale Law School) has posted Due Process of Governance: Terror, the Rule of Law, and the Limits of Institutional Design (Governance: An International Journal of Policy, Administration, and Institutions, Vol. 22, No. 3, pp. 355-370, July 2009)...

Lawson on the Emergency Economic Stabilization Act & the Constitution

Posted on July 24, 2009
Gary Lawson (Boston University School of Law) has posted Burying the Constitution Under a Tarp (Harvard Journal of Law and Public Policy, Vol. 33, Forthcoming 2010) on SSRN. Here is the abstract: The Emergency Economic Stabilization Act of 2008, a.k.a...

Risinger on Alllen & Laudan on Deadly Dilemmas

Posted on July 23, 2009
D. Michael Risinger (Seton Hall University School of Law) has posted Tragic Consequences of Deadly Dilemmas: A Response to Allen and Laudan (Seton Hall Law Review, Forthcoming) on SSRN. Here is the abstract: In a recent article in the Texas...

Raz on Responsibility & Negligence

Posted on July 23, 2009
Joseph Raz (Columbia Law School and Oxford University) has posted Responsibility & the Negligence Standard on SSRN. Here is the abstract: The paper has dual aim: to analyse the structure of negligence, and to use it to offer an explanation...

Herlihy on Appellate Review of Patent Cliam Construction

Posted on July 23, 2009
Eileen M. Herlihy (New England Law) has posted Appellate Review of Patent Claim Construction: Should the Federal Circuit Be its Own Lexicographer In Matters Related to The Seventh Amendment? (Michigan Telecommunications and Technology Law Review, Vol...

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