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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

Henderson & Bierman on Corporate Law Firms

Posted on May 27, 2009
William D. Henderson and Leonard Bierman (Indiana University-Bloomington, Maurer School of Law and Texas A&M University - Department of Management) have posted An Empirical Analysis of Lateral Lawyer Trends from 2000 to 2007: The Emerging Equilibrium for Corporate Law Firms...

Calo on Torture & Emergency

Posted on May 27, 2009
Zachary R. Calo (Valparaiso University School of Law) has posted Torture, Necessity and Supreme Emergency: Law and Morality at the End of Law (Valparaiso University Law Review, Forthcoming) on SSRN. Here is the abstract: This paper employs Michael Walzer's concept...

Spindler on Private Equity

Posted on May 27, 2009
James C. Spindler (University of Southern California Law School) has posted How Private is Private Equity, and at What Cost? (University of Chicago Law Review, Vol. 76, 2009) on SSRN. Here is the abstract: The literature on private equity ignores...

Bartrum on Texts as Metonyms

Posted on May 27, 2009
Ian C. Bartrum (Yale Law School) has posted The Constitutional Canon as Argumentative Metonymy on SSRN. Here is the abstract: This article builds on Philip Bobbitt's Wittgensteinian insights into constitutional argument and law. I examine the way that we interact...

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Heald on the Death of Law & Literature

Posted on May 26, 2009
Paul J. Heald (University of Georgia Law School) has posted The Death of Law and Literature on SSRN. Here is the abstract: Thirty years after the publication of James B. White's iconic THE LEGAL IMAGINATION, Law & Literature scholarship has...

Arneson on Lockean Rights

Posted on May 26, 2009
Richard Arneson has posted The Shape of Lockean Rights: Fairness, Pareto, Moderation, and Consent on the Internet. Here is an excerpt from the introduction: The Lockean natural rights tradition?including its libertarian branch-- is a work in progress...

Bix on Law & Language

Posted on May 26, 2009
Brian Bix (University of Minnesota Law School) has posted Law and Language: How Words Mislead Us on SSRN. Here is the abstract: This talk was the Reappointment Lecture for the Frederick W. Thomas Chair in the Interdisciplinary Study of Law...

Call for Papers: Law and Literature at Griffith University (Brisbane)

Posted on May 26, 2009
CALL FOR PAPERS Law and Literature Association of Australia and Law and Society Association of Australia and New Zealand joint conference 2 to 5 December 2009 Trans(l)egalit� Griffith University, Brisbane, Australia Abstracts of approximately 300 words detailing which Association?s theme...

Schauer on Dworkin on Law as a Social Institution

Posted on May 26, 2009
Frederick Schauer (University of Virginia School of Law) has posted Institutions and the Concept of Law: A Reply to Ronald Dworkin (with Some Help from Neil Maccormick) (LAW AS INSTITUTIONAL NORMATIVE ORDER: ESSAYS IN HONOUR OF SIR NEIL MACCORMICK, M...

Young on Norman Rockwell & Freedom from Want

Posted on May 26, 2009
Katharine Young (Harvard Law School) has posted Freedom, Want and Economic and Social Rights: Frame and Law (Maryland Journal of International Law, Vol 24, 2009) on SSRN. Here is the abstract: In 1948, the Universal Declaration of Human Rights recognized...

Berman on Legal Pluralism, Federalism, & International Law

Posted on May 26, 2009
Paul Schiff Berman (Sandra Day O'Connor College of Law and Princeton University - Fellow in the Program on Law and Public Affairs, 2006-2007) has posted Federalism and International Law Through the Lens of Legal Pluralism (Missouri Law Review, Vol. 73,...

Conference Announcement: CELS at USC

Posted on May 26, 2009
Fourth Annual Conference on Empirical Legal Studies USC Gould School of Law November 20 & 21, 2009 Call for Papers (Submission Deadline: 15 July 2009) The Fourth Annual Conference on Empirical Legal Studies will be held at the USC Gould...

Maxeiner on Applying Law to Facts in Civil & Common Law Systems

Posted on May 26, 2009
James R. Maxeiner (University of Baltimore School of Law) has posted It?s the Law! The Missing Measure of Civil Law/Common Law Convergence on SSRN. Here is the abstract: It?s the Law! The application of law to facts is a measure...

Grabczynska & Ferzan on Leverick on Self-Defence

Posted on May 25, 2009
Arlette Grabczynska and Kimberly Kessler Ferzan (DLA Piper and Rutgers, The State University of New Jersey - School of Law - Camden) have posted Justifying 'Killing in Self-Defence' (Journal of Criminal Law and Criminology, Vol. 99, No. 1, 2009) on...

Calo on Human Rights & Catholic Social Thought

Posted on May 25, 2009
Zachary R. Calo (Valparaiso University School of Law) has posted Catholic Social Thought, Political Liberalism, and the Idea of Human Rights on SSRN. Here is the abstract: As the dominant moral vocabulary of modernity, the language of human rights establishes...

Mitchell on Strauss on the Modernizing Function of Judicial Reivew

Posted on May 25, 2009
Jonathan F. Mitchell (George Mason University - School of Law) has posted Modernization, Moderation, and Political Minorities: A Response to Professor Strauss (University of Chicago Law Review, May 4, 2009) on SSRN. Here is the abstract:The Supreme Court is frequently...

Hessick on Federal Question Jurisdiciton

Posted on May 25, 2009
F. Andrew Hessick III (Arizona State University - Sandra Day O'Connor College of Law) has posted The Common Law of Federal Question Jurisdiction (Alabama Law Review, Vol. 60, 2009) on SSRN. Here is the abstract: The Supreme Court has repeatedly...

Grossman on Pound on Carter on Historical Jurisprudence

Posted on May 25, 2009
Lewis A. Grossman (American University - Washington College of Law) has posted 'From Savigny through Sir Henry Maine': Roscoe Pound?s Flawed Portrait of James Coolidge Carter?s Historical Jurisprudence on SSRN. Here is the abstract: In Roscoe Pound?s scathing 1909 review...

Legal Theory Lexicon: Virtue Ethics

Posted on May 24, 2009
Introduction The Legal Theory Lexicon already includes posts on Deontology and Utilitarianism--representing two important families of ethical theory. This week, the Lexicon provides an introduction to virtue ethics. As always, the Lexicon provides a quick and dirty summary with an...

Legal Theory Bookworm

Posted on May 23, 2009
The Legal Theory Bookworm recommends Constitutional Goods by Alan Brudner. Here is a description: In Constitutional Goods, Alan Brudner distills the essentials of liberal constitutionalism from the jurisprudence and practice of contemporary liberal-democratic states and argues that the model liberal-democratic...

Download of the Week

Posted on May 23, 2009
The Download of the Week is Sincerity and Reason Giving: When May Legal Decision-Makers Lie? by Mathilde Cohen. Here is the abstract: Public "reason giving" is an essential duty of democracies, said to promote better public decision-making by keeping the...

Jackson on Fair Trial Rights in Criminal Cases

Posted on May 22, 2009
John Jackson (University College Dublin (UCD)) has posted Autonomy and Accuracy in the Development of Fair Trial Rights on SSRN. Here is the abstract: This paper seeks to argue that although fair trial standards are commonly portrayed as a set...

Sadat on Nuremberg

Posted on May 22, 2009
Leila N. Sadat (Washington University School of Law in St. Louis) has posted The Nuremberg Paradox (Hastings Law Journal, Vol. 61, 2009) on SSRN. Here is the abstract: The United States is generally proud of its leadership role at the...

McGinnis & Rappaport on "Original Methods Originalism"

Posted on May 22, 2009
John O. McGinnis and Michael B. Rappaport (Northwestern University - School of Law and University of San Diego - School of Law) have posted Original Methods Originalism: A New Theory of Interpretation and the Case Against Construction (Northwestern University Law...

Schauer on Defeasability & Law

Posted on May 22, 2009
Frederick Schauer (University of Virginia School of Law) has posted Is Defeasibility an Essential Property of Law? (LAW AND DEFEASIBILITY, J. Ferrer, C. Ratti, eds., Oxford University Press, 2010) on SSRN. Here is the abstract: In most modern legal systems,...

Brown on Justiciable Generalized Greivances

Posted on May 22, 2009
Kimberly N. Brown (University of Baltimore School of Law) has posted Justiciable Generalized Grievances (Maryland Law Review, Vol. 68, No. 1, 2008) on SSRN. Here is the abstract:The Supreme Court's prevailing test for Article III standing--injury-in-fact, causation, and redressability--generally restricts...

Friedman on Reconstruction & Originalism

Posted on May 22, 2009
Barry Friedman (New York University School of Law) has posted Reconstructing Reconstruction: Some Problems for Originalists (and for Everyone Else, Too) (Journal of Constitutional Law, Vol. 11, No. 5, 2009) on SSRN. Here is the abstract: Reconstruction, America's Second Founding,...

Cohen on Sincerity & Legal Decision Makers

Posted on May 21, 2009
Mathilde Cohen (Columbia University) has posted Sincerity and Reason Giving: When May Legal Decision-Makers Lie? (DePaul Law Review, Vol. 59, No. 4, 2010) on SSRN. Here is the abstract: Public "reason giving" is an essential duty of democracies, said to...

Gey on Freedom of Speech, Social Worth, and Truth

Posted on May 21, 2009
Steven G. Gey (Florida State University - College of Law) has posted The First Amendment and the Dissemination of Socially Worthless Untruths (Florida State University Law Review, Vol. 36, No. 1, 2008) on SSRN. Here is the abstract: In contrast...

Levy on Punishing Bad Samaritanism

Posted on May 21, 2009
Ken Levy (Louisiana State University, Baton Rouge - Paul M. Hebert Law Center) has posted Killing, Letting Die, and the Case for Mildly Punishing Bad Samaritanism (Georgia Law Review, Forthcoming) on SSRN. Here is the abstract: For over a century...

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