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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

Call for Papers: Law & Technology at Amsterdam

Posted on April 17, 2009
Call for Papers Gikii, A Workshop on Law, Technology and Popular Culture Institute for Information Law (IViR) University of Amsterdam 17-18 September 2009 http://www.law.ed.ac.uk/ahrc/gikii/2009.asp GikII 4th Edition, a two day workshop on the intersections between law, technology and popular culture,...

Ziegert on Law & Development in Asia

Posted on April 17, 2009
Alex Ziegert (University of Sydney - Faculty of Law) has posted Law in Asia: The Key Role of Law as a Productive Force for Development (Paper presented at the 6th Asian Law Institute Conference "Dynamics of Change in Asia", Hong...

Setty on Comparative Litigation of State Secrets

Posted on April 17, 2009
Sudha Setty (Western New England College - School of Law) has posted Litigating Secrets: Comparative Perspectives on the State Secrets Privilege (Brooklyn Law Review , Forthcoming) on SSRN. Here is the abstract: The Article considers the history and use of...

Cole on the Legitimacy of International Arbitration

Posted on April 17, 2009
Tony Cole (University of Warwick - School of Law) has posted Authority and Contemporary International Arbitration (Louisiana Law Review, Forthcoming) on SSRN. Here is the abstract: The article argues that contemporary international arbitration is currently beset by a "legitimacy" problem,...

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DRM Podcast at IP Colloquium

Posted on April 17, 2009
Doug Lichtman's postcase "Everyone Hates DRM" -- with Princeton's Ed Felten and the University of Chicago's Randy Picker is available at IP Colloquium. Here is a description: This program will look at the challenge of DRM, considering not only the...

Tillman on Stone on Book Burning at Harvard

Posted on April 17, 2009
Seth Barrett Tillman has posted Blushing Our Way Past Historical Fact And Fiction: A Response to Professor Geoffrey R. Stone's Melville B. Nimmer Memorial Lecture and Essay on SSRN. Here is the abstract: Legal academics and the public are fascinated....

Chinen & Ellis on Citizen Preference & International Law

Posted on April 16, 2009
Mark Chinen and Lana J. Ellis (Seattle University School of Law and Seattle University) have posted Matters of Preference: Tracing the Line between Citizens, Democratic States, and International Law on SSRN. Here is the abstract: In this Article, we assess...

Hoofnagle on Google & Privacy

Posted on April 16, 2009
Chris Jay Hoofnagle (University of California, Berkeley - School of Law, Berkeley Center for Law & Technology) has posted Beyond Google and Evil: How Policy Makers, Journalists and Consumers Should Talk Differently About Google and Privacy (First Monday, Vol...

Bilbas & Burke-White on International Criminal Procedure

Posted on April 16, 2009
Stephanos Bibas and William W. Burke-White (University of Pennsylvania Law School and University of Pennsylvania Law School) has posted International Idealism Meets Domestic-Criminal-Procedure Realism (Duke Law Journal, Vol. 59, January 2010) on SSRN...

Gleicher on Online Anonymity & John Doe Subpoenas

Posted on April 16, 2009
Nathaniel Jurist Gleicher has posted John Doe Subpoenas: Toward a Consistent Legal Standard (Yale Law Journal, Vol. 118, No. 320, 2008) on SSRN. Here is the abstract: This Note considers the rising trend of anonymous online harassment and the use...

Treanor on Textualism

Posted on April 16, 2009
William Michael Treanor (Fordham University School of Law) has posted Against Textualism (Northwestern University Law Review, Vol. 103, 2009) on SSRN. Here is the abstract: Modern textualists have assumed that careful attention to constitutional text is the key to the...

Zucca on Law & Religion in Europe

Posted on April 16, 2009
Lorenzo Zucca (King's College London School of Law) has posted Law vs Religion (LAW, STATE AND RELIGION IN THE NEW EUROPE: DEBATES AND DILEMMAS, Camil Ungureanu, Lorenzo Zucca, eds., CUP, 2010) on SSRN. Here is the abstract: This paper deals...

Case on a Workplace Taboo on Sexual Relations

Posted on April 16, 2009
Mary Anne Case (University of Chicago Law School) has posted A Few Words in Favor of Cultivating an Incest Taboo in the Workplace (Vermont Law Review, Vol. 33, Forthcoming, FEMINIST AND QUEER LEGAL THEORY: INTIMATE ENCOUNTERS, UNCOMFORTABLE CONVERSATIONS, Martha Albertson...

Conference Announcement: Junior Federal Courts Workshop at Michigan State

Posted on April 15, 2009
THE SECOND ANNUAL JUNIOR FACULTY FEDERAL COURTS WORKSHOP October 22-23, 2009 Michigan State University College of Law East Lansing, Michigan The Michigan State University College of Law is pleased to announce that the Second Annual Junior Faculty Federal Courts Workshop...

McCaffery & Hines on a Progressive Spending Tax

Posted on April 15, 2009
Edward J. McCaffery and James R. Hines Jr. (USC Gould School of Law and University of Michigan at Ann Arbor Law School) have posted The Last Best Hope for Progressivity in Tax on SSRN. Here is the abstract: We argue...

Desautels-Stein on the Pragmatist Style & International Antitrust

Posted on April 15, 2009
Justin Desautels-Stein (University of Colorado Law School) has posted Extraterritoriality, Antitrust, and the Pragmatist Style (Emory International Law Review, Vol. 22, p. 499, 2008) on SSRN. Here is the abstract: In the last decades of the 20th century, David Kennedy...

Lear on State Jurisdiction Over Foreign Injury Tort Litigation

Posted on April 15, 2009
Elizabeth Lear (University of Florida - Fredric G. Levin College of Law) has posted Federalism, Forum Shopping and the Foreign Injury Paradox (William & Mary Law Review, Forthcoming) on SSRN. Here is the abstract: Forum shopping is a way of...

Lehavi on the Taxing/Taking Taxonomy

Posted on April 15, 2009
Amnon Lehavi (Interdisciplinary Center Herzliyah - Radzyner School of Law) has posted The Strand Not Taken: The Taxing/Taking Taxonomy in American Property Law on SSRN. Here is the abstract: Takings jurisprudence is struggling with a constant paradox...

Bai & Meng on Transactions Costs as a Regulatory Tool

Posted on April 15, 2009
Lynn Bai and Rujing Meng (University of Cincinnati - College of Law and University of Hong Kong - Faculty of Business and Economics) has posted Deterring 'Double-Play' Manipulation in Financial Crisis: Increasing Transaction Cost as a Regulatory Tool on SSRN...

Carroll on Juvenile Transfer Hearings

Posted on April 14, 2009
Jenny E. Carroll (University of Cincinnati College of Law) has posted Rethinking the Constitutional Criminal Procedure of Juvenile Transfer Hearings: Apprendi, Adult Punishment and Adult Process (Hastings Law Journal, Forthcoming) on SSRN. Here is the abstract: This article makes valuable...

Kairys on Handgun Availability

Posted on April 14, 2009
David Kairys (Temple University - Beasley School of Law) has posted Why Are Handguns So Accessible on Urban Streets? (AGAINST THE WALL: POOR, YOUNG, BLACK, AND MALE, Elijah Anderson, ed., Penn Press, 2008) on SSRN. Here is the abstract: This...

Alford on Comparative Constitutionalism in the Lower Courts

Posted on April 14, 2009
Roger Paul Alford (Pepperdine University - School of Law) has posted Lower Courts and Constitutional Comparativism (Fordham Law Review, Vol. 77, November 2008) on SSRN. Here is the abstract: The issue of constitutional comparativism has been a topic of significant...

Tasic on Judicial Activism & Utilitarianism

Posted on April 14, 2009
Slavisa Tasic (Collegio Carlo Alberto) has posted Judicial Activism: Towards a Utilitarian Defense on SSRN. Here is the abstract: This article develops a utilitarian case for an activist judiciary in common law and strong constitutional review in civil law...

Harvey & Friedman on Congressional Influence on the Supreme Court's Docket

Posted on April 14, 2009
Anna Harvey and Barry Friedman (New York University Department of Politics and New York University School of Law) have posted Ducking Trouble: Congressionally-Induced Selection Bias in the Supreme Court's Agenda (JOURNAL OF POLITICS April 2009) on SSRN...

Harel & Kahana on Non-Instrumental Justification in Constitutional Theory

Posted on April 14, 2009
Alon Harel and Tsvi Kahana (Hebrew University of Jerusalem - Felt Center for Legal Studies) have posted The Real Case for Judicial Review: A Plea for Non-Instrumentalist Justification in Constitutional Theory (Judicial Review, Forthcoming) on SSRN. Here is the abstract:...

McGinnis on Medellin

Posted on April 13, 2009
John O. McGinnis (Northwestern University - School of Law) has posted Medellin and the Future of International Delegation (Yale Law Journal, Forthcoming) on SSRN. Here is the abstract: Given the rise of globalization and the need for international governance of...

Lawson & Sloane on Puerto Rico's Legal Status

Posted on April 13, 2009
Gary Lawson & Robert D. Sloane (Boston University - School of Law) have posted The Constitutionality of Decolonization: Puerto Rico's Domestic and International Legal Status (Boston College Law Review, Vol. 50) on SSRN. Here is the abstract: International law and...

Brown on Yick Wo v. Hopkins & Constitutional Regulation of Criminal Law

Posted on April 13, 2009
Darryl K. Brown (University of Virginia - School of Law) has posted Yick Wo and the Constitutional Regulation of Criminal Law (University of Illinois Law Review, Vol. 2008, No. 5, 2008) on SSRN. Here is the abstract: There is no...

Walen on Bellamy on Judicial Review

Posted on April 13, 2009
Alec D. Walen (Institute for Philosophy and Public Policy) has posted Judicial Review in Review: A Four-Part Defense of Legal Constitutionalism - A Review Essay on Political Constitutionalism, by Richard Bellamy (I*CON, Vol. 7, No. 2, pp. 329-354) on SSRN...

Green on American Legal Realism & Naturalized Jurisprudence

Posted on April 13, 2009
Leslie Green (University of Oxford - Faculty of Law) has posted Law and the Causes of Judicial Decisions on SSRN. Here is the abstract: This paper tests Brian Leiter's claim that the American legal realists were proto-naturalists in legal philosophy....

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