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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

Crespi on Person-Altering Consequences

Posted on May 14, 2009
Gregory S. Crespi (Southern Methodist University - Dedman School of Law) has posted A Brief Reflection on the Problem of Person-Altering Consequences on SSRN. Here is the abstract: Many social policies require substantial sacrifices by existing persons in order to...

Goldstein on Roberts on Brown

Posted on May 14, 2009
Joel K. Goldstein (Saint Louis University - School of Law) has posted Not Hearing History: A Critique of Chief Justice Robert's Reinterpretation of Brown (Ohio State Law Journal, Vol. 69, No. 5, 2008) on SSRN. Here is the abstract: In...

Gardner on Law & Faith

Posted on May 14, 2009
John Gardner (University of Oxford - Faculty of Law) has posted Law as a Leap of Faith (FAITH IN LAW, P. Oliver, S. Douglas-Scott & V. Tadros, eds., Hart Publishing) on SSRN. Here is the abstract: This paper simultaneously pursues...

Walsh on Partial Constitutionality

Posted on May 14, 2009
Kevin Christian Walsh (Villanova University - School of Law) has posted Partial Unconstitutionality on SSRN. Here is the abstract: Severability doctrine provides the leading, and some say only, way to deal with partially unconstitutional statutes. But severability is a deeply...

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Finnis on Williams on Truth

Posted on May 14, 2009
John Finnis (University of Oxford - Faculty of Law) has posted Reason, Revelation, Universality and Particularity in Ethics (American Journal of Jurisprudence, Vol. 53, pp. 23-48, 2008) on SSRN. Here is the abstract: This address to a philosophical conference on...

Klebanov on Mikhail on Universal Moral Grammar

Posted on May 13, 2009
Michael Klebanov (Cornell University - School of Law) has posted Utilitarian Judgments and an Intuitive Moral System: Can John Mikhail?s Model Accommodate Autism and Social Emotion? on SSRN. Here is the abstract: In the attempt to understand moral knowledge, a...

Conference Announcement (Update): "Neutrality and Theory of Law" at Girona

Posted on May 13, 2009
Conference Neutrality and Theory of Law Neutrality and Theory of Law Girona, Spain May 20, 21, 22, 2010 Electronic registration is now available at this link. Here is the announcement: Five years ago we began, with much enthusiasm, an editorial...

More on Happiness and Well-Being

Posted on May 13, 2009
Introduction I recently posted on ?Well-Being as Happiness? by Jonathan Bronsteen, Christopher Buccafusco, and John Masur (BB&M). It is a paper that I very much liked, and indeed, I recommend it as the Download of the Week. One of the...

Bloom on Jurisdiction

Posted on May 13, 2009
Frederic Bloom (University of California, Los Angeles - School of Law & Brooklyn Law School) has posted Jurisdiction's Noble Lie (Stanford Law Review, Vol. 61, No. 5, 2009) on SSRN. Here is the abstract: This Article makes sense of a...

Vermeule on Democratic Mechanisms

Posted on May 12, 2009
Adrian Vermeule (Harvard University - Harvard Law School) has posted The Interaction of Democratic Mechanisms (The Good Society, Vol. 18, No. 1). Here is the abstract: Mechanisms identifies tools of institutional design ?writ small? that promote democratic values...

McMahan on Hobbes & Just War Theory

Posted on May 12, 2009
Jeff McMahan has posted Hobbesian Defenses of Orthodox Just War Theory on Philpapers. Here is the abstract: Most of us accept that all persons have a right not to be killed, unless they forfeit or, perhaps, waive it. According to...

Horgan & Timmons on Analytical Moral Functionalism

Posted on May 12, 2009
Terry Horgan & Mark Timmons have posted Analytical Moral Functionalism Meets Moral Twin Earth on PhilPapers. Here is the abstract: In Chapters 4 and 5 of his 1998 book From Metaphysics to Ethics: A Defence of Conceptual Analysis, Frank Jackson...

Ip on the U.S. Supreme Court, the House of Lords, and the War on Terror

Posted on May 12, 2009
John Ip (University of Auckland - Faculty of Law) has posted A Comparative Assessment of the Supreme Court and House of Lords in the War on Terror on SSRN. Here is the abstract: The period since the terrorist attacks of...

Carroll on Incentivizing Divorce

Posted on May 12, 2009
Andrea Beauchamp Carroll (Louisiana State University, Baton Rouge - Paul M. Hebert Law Center) has posted Incentivizing Divorce (Cardozo Law Review, Vol. 30, 2009) on SSRN. Here is the abstract: Marriage is an important relationship, both for the parties to...

Conference Announcement: Judicial Review at Herbrew University of Jerusalem

Posted on May 11, 2009
The Hebrew University of Jerusalem Conference: "JUDICIAL REVIEW: WHY, WHERE AND FOR WHOM?" May 31- June 1, 2009 http://law.huji.ac.il/eng/iruim.asp?cat=1486&in=1485 Here is a description: Judicial review of legislation is a controversial institution. It is controversial whether we should have it and,...

Legal Theory Lexicon: Deontology

Posted on May 11, 2009
Introduction A prior Legal Theory Lexicon post explored utilitarianism, an approach to normative moral theory that has had an enormous influence on legal thought. This week, I take up one of utilitarianism's main rivals, deonotology. Deontological moral theories vary in...

Bandes on Law & Emotion

Posted on May 11, 2009
Susan A. Bandes (DePaul University - College of Law) has posted Emotion in Context: Exploring the Interaction between Emotions and Legal Institutions (Emotion in Context: Exploring the Interaction between Emotions and Legal Institutions Conference, University of Chicago Law School, May...

Gardner on the Possibility of a Written Constitution

Posted on May 11, 2009
John Gardner (University of Oxford - Faculty of Law) has posted Can There Be a Written Constitution? on SSRN. Here is the abstract: The existence of unwritten constitutions, such as that of the UK, strikes some as puzzling. However the...

Fraser on Free Public Wifi

Posted on May 09, 2009
Eric M. Fraser (University of Chicago - Law School) has posted The Failure of Public WiFi (Journal of Technology Law & Policy, Forthcoming) on SSRN. Here is the abstract: This short piece describes the failure of the widespread plans to...

Legal Theory Bookworm

Posted on May 09, 2009
The Legal Theory Bookworm recommends Privilege or Punish: Criminal Justice and the Challenge of Family Ties by Dan Markel, Jennifer M Collins, & Ethan J Leib on SSRN. Here is a description: This book answers two basic but under-appreciated questions:...

Download of the Week

Posted on May 09, 2009
The Download of the Week is Welfare as Happiness by John Bronsteen , Christopher J. Buccafusco and Jonathan S. Masur. Here is the abstract: In the fields of law, economics, and philosophy, the leading conception of human welfare is preference-satisfaction...

Tebbe on "Excluding Religion"

Posted on May 08, 2009
Nelson Tebbe (Brooklyn Law School) has posted Excluding Religion: A Reply (University of Pennsylvania Law Review, Vol. 157, 2009) on SSRN. Here is the abstract: This short piece replies to three prominent scholars who have offered thoughtful responses to my...

Green on Husak on Overcriminalization

Posted on May 08, 2009
Stuart P. Green (Rutgers Law School-Newark) has posted Is There Too Much Criminal Law? (Ohio State Journal of Criminal Law, Vol. 6, 2009) on SSRN. Here is the abstract: In his new book, Overcriminalization: The Limits of the Criminal Law,...

McGinnis & Rappaport on Originalism & Precedent

Posted on May 08, 2009
John O. McGinnis and Michael B. Rappaport (Northwestern University - School of Law and University of San Diego - School of Law) have posted Reconciling Originalism and Precedent (Northwestern University Law Review, Vol. 103) on SSRN. Here is the abstract:...

Knouse on Identity Politics & Ideology Politics

Posted on May 08, 2009
Jessica Knouse (University of Toledo - College of Law) has posted From Identity Politics to Ideology Politics (Utah Law Review, Forthcoming) on SSRN. Here is the abstract: "From Identity Politics to Ideology Politics" begins by arguing that ?identity politics? ?...

Curtis on Expression via T-Shirts in High School

Posted on May 08, 2009
Michael Kent Curtis (Wake Forest University - School of Law) has posted Be Careful What You Wish For: Gays, Dueling High School T-Shirts, and the Perils of Suppression (Wake Forest Law Review, Forthcoming) on SSRN. Here is the abstract: Be...

Geistfeld on the Law & Economics of Products Liability

Posted on May 07, 2009
Mark Geistfeld (New York University - School of Law) has posted Products Liability (THE ENCYCLOPEDIA OF LAW AND ECONOMICS, 2d edition, Michael Faure, ed., Edward Elgar Press, 2010) on SSRN. Here is the abstract: This chapter for the Encyclopedia of...

Garnett on Greenawalt on Religion & the Constitution

Posted on May 07, 2009
Richard W. Garnett (Notre Dame Law School) has posted Judicial Enforcement of the Establishment Clause (Constitutional Commentary, Forthcoming) on SSRN. Here is the abstract: This paper is the author?s contribution to a roundtable conference, held in October of 2008 at...

Schackleford on Comparative Privacy Law & Public Figures

Posted on May 07, 2009
Scott Shackelford (Stanford Law School and University of Cambridge Department of Politics and International Studies) has posted Fragile Merchandise: A Comparative Analysis of the Privacy Rights for Public Figures on SSRN. Here is the abstract: Over a century after Warren...

Greene on Eisgruber & Sager on Religious Liberty

Posted on May 07, 2009
Abner Greene (Fordham University - School of Law) has posted Three Theories of Religious Equality...and of Exemptions (Texas Law Review, Vol. 87, No. 963, 2009) on SSRN. Here is the abstract: This review essay describes and critiques three theories of...

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