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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

Legal Theory Lexicon: Positive & Normative Legal Theory

Posted on June 28, 2009
Introduction One of the most fundamental distinctions in legal theory is that between "positive legal theory" and "normative legal theory." This post provides a very brief introduction to the distinction, aimed at law students (especially first years) with an interest...

Legal Theory Bookworm

Posted on June 27, 2009
The Legal Theory Bookworm recommends Intergenerational Justice, Edited by Axel Gosseries and Lukas H. Meyer. Here is a description: Is it fair to leave the next generation a public debt? Is it defensible to impose legal rules on them through...

Download of the Week

Posted on June 27, 2009
The Download of the Week is The Substantive Principle of Equal Treatment (Legal Theory, Vol. 15, 2009) by Patrick Shin. Here is the abstract: This paper attempts to identify a principle of equal treatment that gives specific structure to our...

Finkelman on the Emancipation Proclamation

Posted on June 26, 2009
Paul Finkelman (Albany Law School - Government Law Center) has posted Lincoln, Emancipation, and the Limits of Constitutional Change (Supreme Court Review, 2008) on SSRN. Here is the abstract: This article examines the policy behind President Lincoln?s Emancipation Proclamation...

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Joslin on Full Faith & Credit & Interestate Recognition of Parentage

Posted on June 26, 2009
Courtney G. Joslin (UC Davis School of Law) has posted Interstate Recognition of Parentage in a Time of Disharmony: Same-Sex Parent Families and Beyond (Ohio State Law Journal, Vol. 70, No. 563, 2009) on SSRN. Here is the abstract: In...

Johnson on Racial Profiling

Posted on June 26, 2009
Kevin R. Johnson (University of California, Davis - School of Law) has posted How Racial Profiling in America Became the 'Law of the Land': United States v. Brignoni-Ponce and Whren v. United States and the Need for Rebellious Lawyering (Georgetown...

Anderson on Influence

Posted on June 26, 2009
Heidi Reamer Anderson (Florida Coastal School of Law) has posted Allocating Influence (Utah Law Review, Forthcoming) on SSRN. Here is the abstract: Influence peddlers, influence seekers, and government officials have a long and fascinating history. Centuries ago, those in need...

Cohen on Guzman on Rational Choice & International Law

Posted on June 26, 2009
Harlan Grant Cohen (University of Georgia School of Law) has posted Can International Law Work? A Constructivist Expansion (Berkeley Journal of International Law (BJIL), Vol. 27, 2009) on SSRN. Here is the abstract: An increasing number of scholars have begun...

Cohen on "Operation Cast Lead" & Proportionality

Posted on June 26, 2009
Amichai Cohen (Ono Academic College - Law School) has posted The Principle of Proportionality in the Context of Operation Cast Lead: Institutional Perspectives (Rutgers Law Record, Vol. 35, 2009) on SSRN. Here is the abstract: The round of fighting between...

Rotunda on Guantanamo & the Geneva Convention

Posted on June 26, 2009
Kyndra K. Rotunda (Chapman University School of Law) has posted Applying Geneva Convention Principles to Guantanamo Bay (University of Richmond Law Review, Vol. 43, No. 3, p. 1067, 2009) on SSRN. Here is the abstract: This article analyzes and discusses...

Waldron on the Decline of Natural Right

Posted on June 25, 2009
Jeremy Waldron (New York University - School of Law) has posted The Decline of Natural Right on SSRN. Here is the abstract: What happened to the doctrine of natural right in the nineteenth century? We know that it flourished in...

Moriarty on Neuroimaging & Truth

Posted on June 25, 2009
Jane Campbell Moriarty (University of Akron School of Law) has posted Visions of Deception: Neuroimages and the Search for Truth (Akron Law Review, Vol. 42, p. 739, 2009) on SSRN. Here is the abstract: The historical use of science in...

Fadel on Political Liberalism, Islamic Family Law, and Arbitration

Posted on June 25, 2009
Mohammad Fadel (University of Toronto - Faculty of Law) has posted Political Liberalism, Islamic Family Law and Family Law Pluralism: Lessons from New York on Family Law Arbitration (MARRIAGE AND DIVORCE IN A MULTICULTURAL CONTEXT: RECONSIDERING THE BOUNDARIES OF CIVIL...

Gedicks on Nontangible Harms & the Establishment Clause

Posted on June 25, 2009
Frederick Mark Gedicks (Brigham Young University - J. Reuben Clark Law School) has posted Atmospheric Harms in Constitutional Law (Maryland Law Review, November 2009) on SSRN. Here is the abstract: Prepared for the University of Maryland Constitutional Law Workshop, this...

Kuo on Michelman on Constitutional Legitimacy

Posted on June 25, 2009
Ming-Sung Kuo (Max Planck Institute for Comparative Public Law and International Law) has posted Cutting the Gordian Knot of Legitimacy Theory? An Anatomy of Frank Michelman?s Presentist Critique of Constitutional Authorship (International Journal of Constitutional Law, Vol...

Originalism Here & There

Posted on June 25, 2009
Originalism popped up hither and yon yesterday: In the New York Times, Rammesh Ponnuru opined: Justice Thomas is, in my view, right to consider the law outdated. But is that really for him to say? Congress is the proper body...

Book Announcement: Citizens, Courts, and Confirmations by Gibson & Caldeira

Posted on June 25, 2009
Citizens, Courts, and Confirmations Positivity Theory and the Judgments of the American People James L. Gibson & Gregory A. Caldeira To read the entire book description or the introduction, please visit: http://press.princeton.edu/titles/8940.html In recent years the American public has witnessed...

Job Announcement: VAP at Rutgers-Camden for 2009-10

Posted on June 24, 2009
Visiting Assistant Professor Rutgers-Camden Law Rutgers-Camden Law seeks one or two Visiting Assistant Professors for the 2009-2010 Academic Year. Applications for one or two VAP positions are invited from law school graduates, as well as Ph.D. recipients or candidates in...

Welcome to the Blogosphere . . .

Posted on June 24, 2009
. . . to Computational Legal Studies, an important blog with unique content. Check out Institutional Rules, Strategic Behavior, Agenda Control & Inferences ? Explaining Chief Justice Roberts Anomalous Decision in NAMUNDO. And be sure to check out this post...

Zietlow on Goluboff on Equality & Civil Rights

Posted on June 24, 2009
Rebecca E. Zietlow (University of Toledo - College of Law) has posted Belonging and Empowerment: A New 'Civil Rights' Paradigm Based on Lessons from the Past (Constitutional Commentary, Vol 25, p. 353, 2009) on SSRN. Here is the abstract: Despite...

Kuo on Global Tax Competitition & Constitutional Democracy

Posted on June 24, 2009
Ming-Sung Kuo (Max Planck Institute for Comparative Public Law and International Law) has posted (Dis)Embodiments of Constitutional Authorship: Global Tax Competition and the Crisis of Constitutional Democracy (George Washington International Law Review, Vol...

Albert on Nonconstitutional Amendments

Posted on June 24, 2009
Richard Albert (Boston College - Law School) has posted Nonconstitutional Amendments (Canadian Journal of Law & Jurisprudence, Vol. 22, p. 5, 2009) on SSRN. Here is the abstract: The constitutional text in a constitutional democracy does not necessarily constrain constitutional...

Dillard on the Children's Rights Convention

Posted on June 24, 2009
Carter Dillard (Loyola University New Orleans) has posted Prospective Parents and the Children's Rights Convention (American University International Law Review, Forthcoming) on SSRN. Here is the abstract: This Article addresses the novel question of whether states parties can successfully implement...

LTB Wordled

Posted on June 24, 2009
Wordle is here.

Kuklin on Evolutionary Biology & Morality

Posted on June 24, 2009
Bailey H. Kuklin (Brooklyn Law School) has posted The Natures of Universal Moralities (Brooklyn Law Review, Forthcoming) on SSRN. Here is the abstract: One of the abiding lessons from postmodernism is that reason does not go all the way down....

McGuinness on Counterterrorism, Presidential Power, and Internationalism

Posted on June 24, 2009
Margaret E. McGuinness (University of Missouri School of Law) has posted The President, Congress and the Security Council: Counterterrorism and the Use of Force Through the Internationalist Lens (Willamette Law Review, Vol. 45, p. 417, 2009) on SSRN. Here is...

Calabresi & Terrell on the Number of States & Federalism

Posted on June 23, 2009
Steven G. Calabresi and Nicholas K. Terrell (Northwestern University - School of Law and Northwestern University School of Law) have posted The Number of States and the Economics of American Federalism (Northwestern Law & Econ Research Paper No. 09-08) on...

Raban on Vague Legal Standards

Posted on June 23, 2009
Ofer Raban (University of Oregon - School of Law) has posted The Fallacy of Legal Certainty: Why Vague Legal Standards May Be Better for Capitalism, Liberalism, and Democracy on SSRN. Here is the abstract: It is said that clear and...

Katz on Abuse of Right & Property Theory

Posted on June 23, 2009
Larissa M. Katz (Queen's University - Faculty of Law) has posted A Jurisdictional Principle of Abuse of Right on SSRN. Here is the abstract: A principle of abuse of right means that an owner?s reasons for action, and not just...

Voigt on Measuring the Rule of Law

Posted on June 23, 2009
Stefan Voigt (University of Marburg - Faculty of Economics and Business Administration) has posted How to Measure the Rule of Law on SSRN. Here is the abstract: I argue that the rule of law consists of many dimensions and that...

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