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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

Frieden on Net Neutrality & Freedom of Speech

Posted on July 03, 2009
Rob Frieden (Pennsylvania State University - College of Communications) has posted Invoking and Avoiding the First Amendment: How Internet Service Providers Leverage Their Status as Both Content Creators and Neutral Conduits on SSRN. Here is the abstract: Much of the...

Engle on Rights & Law

Posted on July 03, 2009
Eric Engle (Harvard University - Harvard Law School and Universität Bremen) has posted Taking the Right Seriously: Hohfeldian Semiotics and Rights Discourse on SSRN. Here is the abstract: A key characteristic of contemporary legal thought is "rights discourse"...

Macklem on Recent Books on Cultural Rights

Posted on July 03, 2009
Patrick Macklem (University of Toronto - Faculty of Law) has posted The Law and Politics of International Cultural Rights: A Review Essay of Elsa Stamatopoulou, Cultural Rights in International Law and Francesco Francioni and Martin Scheinin (eds.), Cultural Human Rights...

Mantouvalou on the N. v. United Kingdom

Posted on July 03, 2009
Virginia Mantouvalou (University of Leicester - Faculty of Law) has posted N v UK: No Duty to Rescue the Nearby Needy? on SSRN. Here is the abstract: This article discusses the deportation of a seriously ill foreign national to her...

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Albert on the Nonwithstanding Clause in the Canadian Constitution

Posted on July 03, 2009
Richard Albert (Boston College - Law School) has posted Advisory Review: The Reincarnation of the Notwithstanding Clause (Alberta Law Review, Vol. 45, No. 4, 2008) on SSRN. Here is the abstract: The Notwithstanding Clause is the cornerstone of our Canadian...

Lister on Reciprocity & Justice as Fairness

Posted on July 03, 2009
Andrew D. Lister (Queen's University) has posted Justice and Reciprocity on SSRN. Here is the abstract: This paper addresses the question of when and why duties are conditional on compliance on the part of others, by examining the role of...

Linton on Judges, Transitional Justice, & the Rule of Law

Posted on July 03, 2009
Suzannah Linton (University of Hong Kong - Faculty of Law) has posted The Role of Judges in Dealing with the Legacies of the Past (The Global Community YILJ, Vol. 9, 2009) on SSRN. Here is the abstract: This paper examines...

Cummings & Rhode on Public Interest Litigation

Posted on July 02, 2009
Scott Cummings and Deborah Rhode (University of California, Los Angeles - School of Law and Stanford Law School) have posted Public Interest Litigation: Insights from Theory and Practice (Fordham Urban Law Journal, Vol. XXXVI, 2009) on SSRN. Here is the...

Huntington on Happiness & Family Law

Posted on July 02, 2009
Clare Huntington (University of Colorado Law School) has posted Happy Families? Translating Positive Psychology into Family Law (Virginia Journal of Social Policy and the Law, 2009) on SSRN. Here is the abstract: Despite the well-documented finding in the field of...

Finkelman on Brown v. Board of Education

Posted on July 02, 2009
Paul Finkelman (Albany Law School - Government Law Center) has posted The Centrality of Brown (CHOOSING EQUALITY: ESSAYS AND NARRATIVES ON THE DESEGREGATION EXPERIENCE, Robert L. Hayman, Jr., Leland Ware, eds., pp. 224-245, The Pennsylvania State University Press, 2009) on...

Ertman on Zelizer on Intimacy & Money

Posted on July 02, 2009
Martha M. Ertman (University of Maryland Law School) has posted For Both Love and Money: Viviana Zelizer's 'The Purchase of Intimacy' (Law & Social Inquiry, Vol. 34, 2009) on SSRN. Here is the abstract: Viviana Zelizer's latest book, The Purchase...

Paschal on Congressional Power to Change Constitutional Law

Posted on July 02, 2009
Richard A. Paschal (George Mason University Law School) has posted Congressional Power to Change Constitutional Law: Three Lacunae (University of Cincinnati Law Review, Vol. 77, p. 1053, 2009) on SSRN. Here is the abstract: One of the most basic principles...

Poirier on Stigma & the Civil Union/Marriage Distinction

Posted on July 01, 2009
Marc R. Poirier (Seton Hall University - School of Law) has posted Name Calling: Identifying Stigma and the 'Civil Union'/'Marriage' Distinction (Connecticut Law Review, Vol. 41, 2009) on SSRN. Here is the abstract: The Connecticut marriage equality case, Kerrigan v...

Simon on Surveillance & Virtual Worlds

Posted on July 01, 2009
Bart Simon (Department of Sociology and Anthropology, Concordia University) has posted Playing with the Databased Self: Perfect Surveillance in the Age of Virtual Worlds on SSRN. Here is the abstract: It?s a typical day in the operations center at Blizzard...

Raphael Cohen-Almagor (University

Posted on July 01, 2009
Raphael Cohen-Almagor (University of Hull) has posted Regulating Hate and Racial Speech in Israel (Cardozo Journal of International and Comparative Law, Vol. 17, pp. 101-110, 2009) on SSRN. Here is the abstract: Israel is a Jewish democracy. It is founded...

White on Judicial Reform in Mongolia

Posted on July 01, 2009
Brent T. White (University of Arizona - James E. Rogers College of Law) has posted Rotten to the Core: Project Capture and the Failure of Judicial Reform in Mongolia (East Asia Law Review, 2009) on SSRN. Here is the abstract:...

Cortez on Cross-Border Health Care

Posted on July 01, 2009
Nathan Cortez (Southern Methodist University - Dedman School of Law) has posted Recalibrating the Legal Risks of Cross-Border Health Care (Yale Journal of Health Policy, Law, and Ethics, Vol. 10, No. 1, 2010) on SSRN. Here is the abstract: The...

Ikemoto on Stem Cell Research

Posted on July 01, 2009
Lisa C. Ikemoto (UC Davis) has posted Eggs as Capital: Human Egg Procurement in the Fertility Industry and the Stem Cell Research Enterprise (Signs: Journal of Women in Culture and Society, Vol. 34, p. 763, 2009) on SSRN. Here is...

Brennan on Natural Law & Smith's "Law's Quandary"

Posted on June 30, 2009
Patrick McKinley Brennan (Villanova University School of Law) has posted The Place of 'Higher Law' in the Quotidian Practice of Law: Herein of Practical Reason, Natural Law, Natural Rights, and Sex Toys (Georgetown Journal of Law & Public Policy, Forthcoming)...

Bellin on Adverse Comment on Silence

Posted on June 30, 2009
Jeffrey Bellin (Southern Methodist University - Dedman School of Law) has posted Recasting the Fifth Amendment Prohibition of Adverse Comment on Criminal Defendants' Trial Silence on SSRN. Here is the abstract: The landmark case of Griffin v. California holds that...

Monahan, Walker, & Mitchell on Social Framework Evidence

Posted on June 30, 2009
John Monahan , Laurens Walker and Gregory Mitchell (University of Virginia - School of Law , University of Virginia - School of Law and University of Virginia School of Law) hve posted The Limits of Social Framework Evidence on SSRN....

Book Announcement & Romano on Cost-Benefit Analysis of US Participation in International Courts

Posted on June 30, 2009
Cesare P.R. Romano (Loyola Law School Los Angeles) has posted The Sword and the Scales: The United States and International Courts and Tribunals on SSRN. Here is the abstract: The Sword and the Scales is the first in-depth and comprehensive...

Green on Judicial Activism

Posted on June 30, 2009
Craig Green (Temple University - James E. Beasley School of Law) has posted An Intellectual History of Judicial Activism (Emory Law Journal, Forthcoming) on SSRN. Here is the abstract: Over the past six decades, the term "judicial activism" has become...

Markel & Polsky on Taxing Punitive Damages

Posted on June 30, 2009
Dan Markel and Gregg D. Polsky (Florida State University College of Law and Florida State University - College of Law) have posted Taxing Punitive Damages on SSRN. Here is the abstract: This Article addresses two basic and important questions given...

Fisk & Malamud on the NLRB

Posted on June 29, 2009
Catherine Fisk and Deborah C. Malamud (University of California, Irvine Law School and New York University - School of Law) have posted The NLRB in Administrative Law Exile: Problems with its Structure and Function and Suggestions for Reform (Duke Law...

Katz on Anticommons

Posted on June 29, 2009
Larissa M. Katz (Queen's University - Faculty of Law) has posted Red Tape and Gridlock (Canadian Journal of Law and Jurisprudence, Forthcoming) on SSRN. Here is the abstract: This paper concerns the role of property theory in explaining why so...

Finkelman on School Vouchers & Religious Liberty

Posted on June 29, 2009
Paul Finkelman (Albany Law School - Government Law Center) has posted School Vouchers, Thomas Jefferson, Roger Williams, and Protecting the Faithful: Warnings from the Eighteenth Century and the Seventeenth Century on the Danger of Establishments to Religious Communities (Brigham Young...

Rotunda on the Spending Clause

Posted on June 29, 2009
Kyndra K. Rotunda (Chapman University School of Law) has posted The Spending Clause (ENCYCLOPEDIA OF THE SUPREME COURT, David S. Tanenhaus, ed., Vol. 4, p. 436, MacMillan Reference USA, 2008) on SSRN. Here is the abstract: This article discusses and....

Surden on Privacy

Posted on June 29, 2009
Harry Surden (University of Colorado Law School) has posted Structural Rights in Privacy on SSRN. Here is the abstract: This Essay challenges the view that privacy interests are protected primarily by law. Instead, I argue that much of society's privacy...

McGuinness on Missouri v. Holland

Posted on June 29, 2009
Margaret E. McGuinness (University of Missouri School of Law) has posted Federalism and Horizontality in International Human Rights (Missouri Law Review, Vol. 73, p. 1265, 2008) on SSRN. Here is the abstract: This commentary to the 2008 Missouri Law Symposium,...

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