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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

Riker on Democratic Peace & Decent Societies

Posted on June 16, 2009
Walter Riker (University of West Georgia) has posted The Democratic Peace is Not Democratic:On Behalf of Rawls' Decent Societies (Political Studies, June 2008) on SSRN. Here is the abstract: The democratic peace is secured not simply (if at all) through...

Green on Theft by Omission

Posted on June 16, 2009
Stuart P. Green (Rutgers Law School-Newark) has posted Theft by Omission (ESSAYS IN CRIMINAL LAW IN HONOUR OF SIR GERALD GORDON, Edinburgh University Press, 2010) on SSRN. Here is the abstract: Other things being equal, should the law regard a...

Prado & Trebilcock on the Institutions, Path Dependence, & Development

Posted on June 16, 2009
Mariana Mota Prado and Michael J. Trebilcock (University of Toronto - Faculty of Law and University of Toronto - Faculty of Law) have posted Path Dependence, Development, and the Dynamics of Institutional Reform (University of Toronto Law Journal, 2009) on...

McAward on the 13th Amendment Enforcement Power

Posted on June 16, 2009
Jennifer Mason McAward (Notre Dame Law School) has posted The Scope of Congress?s Thirteenth Amendment Enforcement Power after City of Boerne v. Flores on SSRN. Here is the abstract: In Jones v. Alfred H. Mayer Co., the Supreme Court carved...

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Starr on Student Speech & Civic Culture

Posted on June 16, 2009
Kenneth W. Starr (Pepperdine University - School of Law) has posted From Fraser to Frederick: Bong Hits and the Decline of Civic Culture (UC Davis Law Review, Vol. 42, 2009) on SSRN. Here is the abstract: Student speech in public...

van Harten on European Law Precedents of National Courts

Posted on June 15, 2009
Herman van Harten (University of Amsterdam - Faculty of Law) has posted National European Law Precedents on SSRN. Here is the abstract: Although EU law doctrine stresses the vital importance of national courts in the EU judicial system, it is...

Epstein, Landes, & Posner on Supreme Court Questioning Patterns

Posted on June 15, 2009
Lee Epstein, William M. Landes and Richard A. Posner (Northwestern University - School of Law, University of Chicago Law School and University of Chicago Law School) have posted Inferring the Winning Party in the Supreme Court from the Pattern of...

Trakman on Contract Law in Cyberspace

Posted on June 15, 2009
Leon Trakman (University of New South Wales - Faculty of Law) has posted The Boundaries of Contract Law in Cyberspace (Revue de droit des Affaires Internationales (RDAI) / International Business Law Journal / (IBLJ), No. 2, 2009) on SSRN. Here...

Dawson on Soft Law in the EU

Posted on June 15, 2009
Mark Dawson (European University Institute) has posted Soft Law and the Rule of Law in the European Union: Revision or Redundancy? on SSRN. Here is the abstract: The increasing use in the EU of soft law norms has created an...

Sachs on Transnational Law & Chemical Regulaton

Posted on June 15, 2009
Noah Sachs (University of Richmond School of Law) has posted Jumping the Pond: Transnational Law and the Future of Chemical Regulation (Vanderbilt Law Review, Forthcoming) on SSRN. Here is the abstract: Just as domestic pollution can cause transnational externalities, domestic...

Lui on the Foundatoins of American Copyright Law

Posted on June 15, 2009
Lydia Si-Ngaw Lui (William Mitchell College of Law) has posted Foundations of Modern American Copyright (Intellectual Property Research Series, Vol. 1, No. 2) on SSRN. Here is the abstract: "The progress of copyright law does not take place by revolutions,...

Legal Theory Lexicon: Fact and Value

Posted on June 14, 2009
Introduction Law students quickly learn that normative argument is an integral part of the law school experience. And sooner or later, they are likely to encounter what is called the fact/value distinction. Of course, the relationship between fact and value...

Legal Theory Bookworm

Posted on June 13, 2009
The Legal Theory Bookworm recommends The Yale Biographical Dictionary of American Law edited by Roger K. Newman. Here is a description: This book is the first to gather in a single volume concise biographies of the most eminent men and...

Download of the Week

Posted on June 13, 2009
The Download of the Week is Divide and Conquer by Eric A. Posner, Kathryn E. Spier and Adrian Vermeule. Here is the abstract: The maxim ?divide and conquer? (divide et impera) is invoked frequently in law, history, and politics, but...

Shaman on Originalism

Posted on June 12, 2009
Jeffrey M. Shaman (DePaul University - College of Law) has posted The End of Originalism on SSRN. Here is the abstract: Much has been written about originalism - the idea that the Constitution should be interpreted according to its original...

Aolain on Feminist Theory & Internatonal Human Rights

Posted on June 12, 2009
Fionnuala D. Ni Aolain (University of Ulster at Jordanstown - Transitional Justice Institute) has posted Learning the Lessons: What Feminist Legal Theory Teaches International Human Rights Law and Practice on SSRN. Here is the abstract: In the contemporary international moment,...

Dodek on Judicial Participation in Public Policy Processes

Posted on June 12, 2009
Adam M. Dodek (University of Ottawa - Faculty of Law) has posted Judicial Independence as a Public Policy Instrument on SSRN. Here is the abstract: The participation of judges in commissions of inquiry has been an important part of the...

Winn on Globalization & Information Technology Standard

Posted on June 12, 2009
Jane K. Winn (University of Washington - School of Law) has posted Globalization and Standards: The Logic of Two-Level Games (I/S: Journal of Law and Policy for the Information Society, 2009) on SSRN. Here is the abstract: The emergence of...

Alexander, Penalver, Singer, & Underkuffler on Progressive Property

Posted on June 12, 2009
Gregory S. Alexander, Eduardo M. Penalver, Joseph William Singer and Laura Underkuffler (Cornell Law School, Cornell Law School, Harvard Law School and Duke University - School of Law) have posted A Statement of Progressive Property (Cornell Law Review, Vol...

Zumbansen on Legal Sociology

Posted on June 12, 2009
Peer Zumbansen (York University - Osgoode Hall Law School) has posted Law?s Knowledge and Law?s Effectiveness: Reflections from Legal Sociology and Legal Theory on SSRN. Here is the abstract: Legal sociology is in a crisis ? or so it is...

Rai on the PTO

Posted on June 11, 2009
Arti K. Rai (Duke University School of Law) has posted Growing Pains in the Administrative State: The Patent Office's Troubled Quest for Managerial Control (University of Pennsylvania Law Review, Vol. 157, 2009) on SSRN. Here is the abstract: In the....

Jensen on an AIG Bonus Tax

Posted on June 11, 2009
Erik M. Jensen (Case Western Reserve University - School of Law) has posted Would a Tax on AIG Bonus Recipients Really Be a Tax? (Tax Notes, Vol. 123, p. 1033, 2009) on SSRN. Here is the abstract: The proposals seem...

Grove on Standing & Nondelegation

Posted on June 11, 2009
Tara Leigh Grove (Florida State University - College of Law) has posted Standing as an Article II Nondelegation Doctrine (University of Pennsylvania Journal of Constitutional Law, Vol. 11, No. 4, 2009) on SSRN. Here is the abstract: In this Article,....

Sellers on Cicero & Modern Legal Thought

Posted on June 11, 2009
Mortimer Newlin Stead Sellers (University of Baltimore - School of Law) has posted The Influence on Marcus Tullius Cicero on Modern Legal and Political Ideas (Ciceroniana, the Atti of Colloquium Tullianum Anni, MMVIII) on SSRN. Here is the abstract: Marcus...

Hadfield on Models & Comparative Law

Posted on June 11, 2009
Gillian Hadfield (USC Law School and Department of Economics) has posted The Strategy of Methodology: The Virtues of Being Reductionist for Comparative Law (University of Toronto Law Journal, Vol. 59, p. 223, 2009) on SSRN. Here is the abstract: This...

Gardner on Persuasion & Election Law

Posted on June 11, 2009
James A. Gardner (University at Buffalo Law School, SUNY) has posted What are Campaigns for? The Role of Persuasion in Electoral Law and Politics on SSRN. Here is the abstract: Election campaigns ought to be serious occasions in the life...

Redding on Proposition 8

Posted on June 11, 2009
Jeff Redding (Saint Louis University School of Law) has posted Proposition 8 and the Future of American Same-Sex Marriage Activism (Nexus, Vol. 14, p. 113, 2009) on SSRN. Here is the abstract: This short Essay represents an attempt to encourage...

Garvey on Mistake of Fact

Posted on June 10, 2009
Stephen P. Garvey (Cornell Law School) has posted When Should a Mistake of Fact Excuse (Texas Tech Law Review, 2009) on SSRN. Here is the abstract: This symposium contribution advances two claims. First, a mistake (or ignorance) of fact should...

Starger on the Forms of Legal Argument

Posted on June 10, 2009
Colin P. Starger (New York University - School of Law) has posted The DNA of an Argument: A Case Study in Legal Logos (Journal of Criminal Law and Criminology, Winter 2009) on SSRN. Here is the abstract: This article develops...

Schuster on In re Bilski

Posted on June 10, 2009
W. Michael Schuster II (Vinson & Elkins LLP) has posted Predictability and Patentable Processes: The Federal Circuit's in Re Bilski Decision and Its Effect on the Incentive to Invent (Columbia Science and Technology Law Review, Forthcoming) on SSRN. Here is...

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