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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

Schwartzman on Establishment & Freedom of Conscience

Posted on February 02, 2011
Micah Schwartzman (University of Virginia School of Law) has posted Conscience, Speech, and Money (Virginia Law Review, April 2011) on SSRN. Here is the abstract: This paper offers a defense of the idea that taxation to promote religion infringes on....

Anderson on Sex Education & Rape

Posted on February 02, 2011
Michelle J. Anderson (CUNY School of Law) has posted Sex Education and Rape (Michigan Journal of Gender & Law, Vol. 17, pp. 83-110, 2010) on SSRN. Here is the abstract: This Article begins by describing what we know about the...

Kingsbury & Straumann on the Romand Foundations of International Law

Posted on February 02, 2011
Benedict Kingsbury and Benjamin Straumann (New York University (NYU) - School of Law) have posted Introduction: The Roman Foundations of the Law of Nations (THE ROMAN FOUNDATIONS OF THE LAW OF NATIONS: ALBERICO GENTILI AND THE JUSTICE OF EMPIRE, B....

Fontana on the History of Comparative Constitutional Law

Posted on February 02, 2011
David Fontana (George Washington University Law School) has posted The Rise and Fall of Comparative Constitutional Law in the Postwar Era (Yale Journal of International Law, Vol. 36, p. 1, 2011) on SSRN. Here is the abstract: In the first...

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Book Announcement: Debtor Nation by Hyman

Posted on February 02, 2011
Debtor Nation The History of America in Red Ink Louis Hyman To read the entire book description or the introduction, please visit: http://press.princeton.edu/titles/9431.html Before the twentieth century, personal debt resided on the fringes of the American economy, the province of...

Book Announcement: Liberating Judgment by Casson

Posted on February 02, 2011
Liberating Judgment Fanatics, Skeptics, and John Locke's Politics of Probability Douglas John Casson To read the entire book description or the introduction, please visit: http://press.princeton.edu/titles/9360.html Examining the social and political upheavals that characterized the collapse of public judgment in early...

New on the Stanford Encyclopedia of Philosophy

Posted on February 02, 2011
Discrimination by Andrew Altman. Highly recommended.

Kingsbury & Donaldson on Publicness in International Law

Posted on February 02, 2011
Benedict Kingsbury and Megan Donaldson (New York University (NYU) - School of Law and Melbourne Law School) have posted From Bilateralism to Publicness in International Law (ESSAYS IN HONOUR OF BRUNO SIMMA, p. 79, Ulrich Fastenrath, Rudolf Geiger, Daniel-Erasmus Khan,...

Weinberger on the Business Judgment Rule & Sphere Sovereignty

Posted on February 02, 2011
Lael Daniel Weinberger (Idaho Supreme Court) has posted The Business Judgment Rule and Sphere Sovereignty (Thomas M. Cooley Law Review, Vol. 27, No. 2, 2010) on SSRN. Here is the abstract: The Business Judgment Rule prevents courts from reviewing the...

Ewing & Kysar on Climate Change on Climate Change Nuisance Litigation

Posted on February 01, 2011
Benjamin Ewing and Douglas A. Kysar (Yale University - Law School and Yale University - Law School) have posted Climate Change, Courts, and the Common Law on SSRN. Here is the abstract: Not just a system of checks and balances...

Hall on Commerce Clause Challenges to the Affordable Care Act

Posted on February 01, 2011
Mark A. Hall (Wake Forest University - School of Law) has posted Commerce Clause Challenges to Health Care Reform (University of Pennsylvania Law Review, Vol. 159, June 2011) on SSRN. Here is the abstract: This article reviews and pinpoints the...

Thierer on Two Forms of Internet Pessimism

Posted on February 01, 2011
Adam D. Thierer (George Mason University - Mercatus Center) has posted The Case for Internet Optimism, Part 1 - Saving the Net from its Detractors & Part 2 - Saving the Net from its Supporters (THE NEXT DIGITAL DECADE: ESSAYS...

Follesdal on Theories of Democracy for Europe

Posted on February 01, 2011
Andreas Follesdal (University of Oslo) has posted Theories of Democracy for Europe: Multi-Level Challenges for Multi-Level Governance on SSRN. Here is the abstract: The "great question", as John Locke put it, is not whether there should be political power in...

Ryan on Retribution & Remote Harms

Posted on February 01, 2011
Meghan J. Ryan (Southern Methodist University Dedman School of Law) has posted Total Retribution on SSRN. Here is the abstract: An essential element of the theory of retribution has been missing from courts? and legal scholars? analyses. While they have...

Ruger on Shared Health Governance

Posted on February 01, 2011
Jennifer Prah Ruger (Yale University - School of Medicine) has posted Shared Health Governance (The American Journal of Bioethics, Forthcoming) on SSRN. Here is the abstract: In Health and Social Justice I developed the 'health capability paradigm,' a conception of...

Welcome to the blogophere . . .

Posted on January 31, 2011
. . . to Ancient Traditions, New Conversations the blog of the Center for Jewish Law and Contemporary Civilization at Cardozo Law School.

Leiter on Religious Liberty in a Tolerant Society

Posted on January 31, 2011
Brian Leiter (University of Chicago Law School) has posted The Law of Religious Liberty in a Tolerant Society on SSRN. Here is the abstract: This is a draft of the final chapter of my forthcoming book WHY TOLERATE RELIGION? Earlier...

Hasen on the Supreme Court & Anticipatory Overruling

Posted on January 31, 2011
Richard L. Hasen (Loyola Law School Los Angeles) has posted Anticipatory Overrulings, Invitations, Time Bombs, and Inadvertence: How Supreme Court Justices Move the Law on SSRN. Here is the abstract: This is a short Essay prepared for a panel on...

Patterson on Legal Methodology & Theoretical Disagreement

Posted on January 31, 2011
Dennis Patterson (European University Institute) has posted Methodology and Theoretical Disagreement (ESSAYS IN EUROPEAN LEGAL METHOD, Ulla Neergaard, Ruth Nielsen and Lynn Roseberry, eds., DJOEF Publishing, 2011) on SSRN. Here is the abstract: Methodology matters...

Rienzi on a Constitutional Right of Health Care Providers to Refuse to Perform Abortion

Posted on January 31, 2011
Mark Rienzi (Catholic University of America - Columbus School of Law) has posted The Constitutional Right to Refuse: Roe, Casey, and the Fourteenth Amendment Rights of Healthcare Providers on SSRN. Here is the abstract: The Fourteenth Amendment rights of various...

Rodriguez-Blanco on the Genealogy and Unification of Human Rights

Posted on January 31, 2011
Veronica Rodriguez-Blanco (University of Birmingham - School of Law) has posted Towards a Concept of Human Rights: Inside and Outside Genealogy on SSRN. Here is the abstract: Raymond Geuss asserts that there are fragmented views on what human rights are...

Legal Theory Lexicon: Fit and Justification

Posted on January 30, 2011
Introduction In 1975, Ronald Dworkin wrote Hard Cases (88 Harvard Law Review 1057 (1975) reprinted inRonald Dworkin, Taking Rights Seriously ch 4 (Harvard University Press, 1977)). This is one of the most famous and influential articles in contemporary legal theory,...

Adamson on Ricci v. DeStefano

Posted on January 29, 2011
Bryan L. Adamson (Seattle University School of Law) has posted Ricci v. DeStefano: Procedural Activism(?) (National Black Law Journal (University of California, Los Angeles), Vol. 24, 2011) on SSRN. Here is the abstract: This Essay analyzes the Supreme Court?s Ricci...

Legal Theory Bookworm

Posted on January 29, 2011
The Legal Theory Bookworm has two recommendations this week: Why Political Liberalism?: On John Rawls's Political Turn by Paul Weithman. Here is a description: In WHY POLITICAL LIBERALISM?, Paul Weithman offers a fresh, rigorous, and compelling interpretation of John Rawls's...

Download of the Week

Posted on January 29, 2011
The Download of the Week is Dormancy by Garrick B. Pursley. Here is the abstract: This article provides a new theoretical account of dormancy, one of the oldest and most controversial concepts in American constitutionalism. Despite familiar and repeated scholarly...

Wasserman on Characterization as Jurisdictional in the Supreme Court

Posted on January 28, 2011
Howard M. Wasserman (Florida International University (FIU) - College of Law) has posted The Demise of ?Drive-By Jurisdictional Rulings? (Northwestern University Law Review Colloquy, Vol. 105, p. 184, 2011) on SSRN. Here is the abstract: This essay analyzes and comments...

Gray & Huber on Flanders on Retributivism

Posted on January 28, 2011
David C. Gray and Jonathan J. Huber (University of Maryland - School of Law and University of Maryland - School of Law) have posted Retributivism for Progressives: A Response to Professor Flanders (Maryland Law Review, Vol. 70, No. 141, 2010)...

Fraidin on Confidentiality & Child Welfare

Posted on January 28, 2011
Matthew I. Fraidin (Georgetown University Law Center) has posted Stories Told and Untold: Confidentiality Laws and the Master Narrative of Child Welfare (Maine Law Review, Vol. 63, pp.1-60, 2010) on SSRN. Here is the abstract: In most states, child welfare...

Celano on Normative Legal Positivism & the Rule of Law

Posted on January 28, 2011
Bruno Celano (University of Palermo) has posted Normative Legal Positivism, Neutrality, and the Rule of Law on SSRN. Here is the abstract: Usually, in jurisprudential debates what is discussed under the rubric of ?neutrality? is the claim that jurisprudence is...

Sherry on Foundational Facts

Posted on January 28, 2011
The published version of Suzanna Sherry's Foundational Facts and Doctrinal Change is available on the University of Illinois Law Review website--this paper was highly recommended when posted on SSRN.

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