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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

Goodman on Spectrum Auctions

Posted on June 03, 2009
Ellen P. Goodman (Rutgers University - Law School) has posted Spectrum Auctions and the Public Interest (Journal of Telecommunications and High Technology Law, Vol. 7, 2009) on SSRN. Here is the abstract: Last year, the Federal Communications Commission held its...

Torrance & Tomlinson on Patents & Innovation

Posted on June 03, 2009
Andrew W. Torrance and Bill Tomlinson (University of Kansas - School of Law and University of California, Irvine) have posted Patents and the Regress of Useful Arts (Columbia Science and Technology Law Review, Vol. 10, 2009) on SSRN. Here is...

Stein on Nussbaum on Human Capabilities & Equality

Posted on June 03, 2009
Mark S. Stein (Harvard Law School, Petrie-Flom Center) has posted Nussbaum: A Utilitarian Critique (Boston College Law Review, Vol. 50, No. 2, pp. 489-531, 2009) on SSRN. Here is the abstract: In this essay, I offer a utilitarian perspective on...

Paulsen on International Law & the Constitution

Posted on June 03, 2009
Michael Stokes Paulsen (University of St. Thomas School of Law) has posted The Constitutional Power to Interpret International Law (Yale Law Journal, 2009) on SSRN. Here is the abstract: What is the force of international law as a matter of...

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Hasen on Amar on Bush v. Gore

Posted on June 03, 2009
Richard L. Hasen (Loyola Law School - Los Angeles) has posted Bush v. Gore and the Lawlessness Principle: A Comment on Professor Amar on SSRN. Here is the abstract: This brief essay responds to Professor Akhil Amar's Dunwoody Lecture at...

Edgar on the High-Low Policy Distinction in Austrailian Administratie Law

Posted on June 03, 2009
Andrew Edgar (Faculty of Law University of Sydney) has posted Tribunals and Administrative Policies: Does the High or Low Policy Distinction Help? (Australian Journal of Administrative Law, Vol. 16, pp. 143-156, 2009) on SSRN. Here is the abstract: The Australian...

Vitarelli on the Constitutional Avoidance Canon

Posted on June 03, 2009
Anthony Vitarelli (Yale University - Law School) has posted Constitutional Avoidance Step Zero (Yale Law Journal, Vol. 119, 2009) on SSRN. Here is the abstract: When construing ambiguous statutes, judges prefer interpretations that do not require the determination of a...

Cupp on Animal Rights

Posted on June 02, 2009
Richard L. Cupp Jr. (Pepperdine University School of Law) has posted Moving Beyond Animal Rights: A Legal/Contractualist Critique (San Diego Law Review, Vol. 46, 2009) on SSRN. Here is the abstract: Since important legal victories against racial discrimination and other...

Kwall on Human Dignity, Freedom of Speech, and the Right of Publicity

Posted on June 02, 2009
Roberta Rosenthal Kwall (DePaul University - College of Law) has posted A Perspective on Human Dignity, the First Amendment and the Right of Publicity (Boston College Law Review, Vol. 51, 2010) on SSRN. Here is the abstract: The right of...

Avi-Yonah on a Federal VAT

Posted on June 02, 2009
Reuven S. Avi-Yonah (University of Michigan - Law School) has posted Structuring a US Federal VAT on SSRN. Here is the abstract: On 18 and 19 February 2009, the American Tax Policy Institute (ATPI) sponsored a conference in Washington, DC,...

Smits on Normative Legal Theory

Posted on June 02, 2009
Jan M. Smits (Tilburg University - Tilburg Institute of Comparative and Transnational Law (TICOM)) has posted Redefining Normative Legal Science: Towards an Argumentative Discipline (METHODS OF HUMAN RIGHTS RESEARCH, F. Coomans, F. Gr�nfeld, M. Kamminga, eds...

Ribstein on Partnership Governance of Large Firms

Posted on June 02, 2009
Larry E. Ribstein (University of Illinois College of Law) has posted Partnership Governance of Large Firms (University of Chicago Law Review, Vol. 76, p. 289, 2009) on SSRN. Here is the abstract: This Article examines private-equity firms as an example...

Poscher on Alexy on the Principle Theory

Posted on June 02, 2009
Ralf Poscher (Ruhr-Universit�t Bochum, Germany) has posted The Principle Theory: How Many Theories and What is Their Merit? (INSTITUTIONALIZING REASON. PERSPECTIVES ON THE LEGAL PHILOSOPHY OF ROBERT ALEXY, M. Klatt, ed., New York: Oxford University Press, Forthcoming) on SSRN...

Thomas on Frivolous Cases

Posted on June 02, 2009
Suja A. Thomas (University of Illinois College of Law) has posted Frivolous Cases (DePaul Law Review, Forthcoming) on SSRN. Here is the abstract: The problem of "frivolous cases" is invoked in a variety of contexts. Although the term is used...

Allen on the Umpire Analogy

Posted on June 01, 2009
Michael Patrick Allen (Stetson University - College of Law) has posted A Limited Defense of (at Least Some of) the Umpire Analogy (Seattle University Law Review, Vol. 32, 2009) on SSRN. Here is the abstract: This Essay is part of...

Orgad on Culture & Citizenship

Posted on June 01, 2009
Liav Orgad (Interdisciplinary Center Herzliyah) has posted Illiberal Liberalism: Cultural Restrictions on Migration and Access to Citizenship in Europe (American Journal of Comparative Law, Vol. 58, No. 1, 2009) on SSRN. Here is the abstract: This article addresses a simple...

Feldman & Perez on Legal Norms, Moral Perceptions, and Civic Enforcement

Posted on June 01, 2009
Yuval Feldman and Oren Perez (Bar-Ilan University - Faculty of Law and Bar-Ilan University - Faculty of Law) have posted How Law Changes the Environmental Mind: An Experimental Study of the Effect of Legal Norms on Moral Perceptions and Civic...

Robinson on the Causes of HIV among Black Women

Posted on June 01, 2009
Russell K. Robinson (UCLA School of Law) has posted Racing the Closet (Stanford Law Review, Vol. 61, No. 6, 2009) on SSRN. Here is the abstract: In the last few years, despite scant empirical support, the media have identified as...

Fisk & Pulver on First Contract Arbitration & the Employee Free Choice Act

Posted on June 01, 2009
Catherine Fisk and Adam R. Pulver have posted First Contract Arbitration and the Employee Free Choice Act (University of California, Irvine Law School and Columbia University - Law School) on SSRN. Here is the abstract: One provision of the proposed....

Legal Theory Lexicon: Welfare, Well-Being, and Happiness

Posted on May 31, 2009
Introduction Normative legal theory is concerned with the ends and justifications for the law as a whole and for particular legal rules. Previous entries in the legal have examined exemplars of the three great traditions in normative theory--consequentialist, deontological, and...

Legal Theory Bookworm

Posted on May 30, 2009
The Legal Theory Bookworm recommends Thinking Like a Lawyer: A New Introduction to Legal Reasoning by Frederick Schauer. Here is a description: This primer on legal reasoning is aimed at law students and upper-level undergraduates. But it is also an....

Download of the Week

Posted on May 30, 2009
The Download of the Week is The Domestic Violence Clause in ?New Originalist? Theory by Mark S. Stein. Here is the abstract: In this brief essay, I address the way in which ?new originalists? Jack Balkin and Lawrence Solum use...

Green on "Property" in Indigenous Knowledge

Posted on May 29, 2009
Daniel Austin Green has posted Indigenous Intellect: Problems of Calling Knowledge Property and Assigning it Rights (Texas Weleyan Law Review, Vol. 15, 2009) on SSRN. Here is the abstract: This essay cautions about the dangers of creating sui generis intellectual...

Gardner on Justice & Law

Posted on May 29, 2009
John Gardner (University of Oxford - Faculty of Law) has posted The Virtue of Justice and the Character of Law (Current Legal Problems, Vol. 53, No. 1) on SSRN. Here is a taste: Why should law be thought (by its...

Stein on the Domestic Violence Clause & the Fixation of Original Meaning (Reposted, With Comments)

Posted on May 29, 2009
Mark S. Stein (Harvard Law School, Petrie-Flom Center) has posted The Domestic Violence Clause in ?New Originalist? Theory on SSRN. Here is the abstract: In this brief essay, I address the way in which ?new originalists? Jack Balkin and Lawrence...

Tamanaha on Development & the Rule of Law

Posted on May 29, 2009
Brian Z. Tamanaha (St. John's University - School of Law) has posted The Primacy of Society and the Failure of Law and Development on SSRN. Here is the abstract: Billions of dollars have been spent on law and development (or...

Sherman on Boumediene v. Bush

Posted on May 28, 2009
Edward F. Sherman (Tulane University Law School) has posted U.S. Supreme Court Rejects Bush Administration Position on Guantanamo Detainees: The Watershed of the Boumediene v. Bush Line of Cases (Military Law and the Law of War Review, forthcoming) on SSRN...

Mertz Comments on Nourse & Shaffer on the New Legal Realism

Posted on May 28, 2009
On May 18, I posted the abstract of a very interesting paper by Victoria Nourse & Gregory Shaffer, Varieties of New Legal Realism: Can a New World Order Prompt a New Legal Theory?. I recently received some comments on the...

Brilliance & the Supreme Court

Posted on May 28, 2009
Over at Prawfs, Hillel Levin asks: My question is simple: how smart do you really have to be to be a good Supreme Court Justice? And, as a follow-up, exactly what is it about Supreme Court judging that requires this...

Schauer on Sanctions & the Nature of Law

Posted on May 27, 2009
Frederick Schauer (University of Virginia School of Law) has posted Was Austin Right after All?: On the Role of Sanctions in a Theory of Law (Ratio Juris, vol. 22 (forthcoming 2009)) on SSRN. Here is the abstract: In modern jurisprudence...

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