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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

Paul M. Schwartz (UC Berkeley School

Posted on April 13, 2009
Paul M. Schwartz (UC Berkeley School of Law) has posted The Future of Tax Privacy (National Tax Journal, Vol. 61, p. 883, 2008) on SSRN. Here is the abstract: The history of the tax privacy contains a number of surprises....

Legal Theory Lexicon: The Veil of Ignorance

Posted on April 12, 2009
Introduction This installment in the Legal Theory Lexicon is intended to introduce law students (especially first years) to "the veil of ignorance"--an idea from political philosophy that has had an important influence on legal theory. From the Ex Ante Perspective...

Legal Theory Bookworm

Posted on April 11, 2009
The Legal Theory Bookworm recommends The Unitary Executive: Presidential Power from Washington to Bush by Steven G. Calabresi and Christopher S. Yoo. Here is a description: This book is the first to undertake a detailed historical and legal examination of...

Download of the Week

Posted on April 11, 2009
The Download of the Week is Law, War, and the History of Time by Mary L. Dudziak. Here is the abstract: Assumptions about time are an aspect of the basic architecture of our thinking about law and war. Time is...

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Bartholet on Racial Disproportionality & Foster Care

Posted on April 10, 2009
Elizabeth Bartholet (Harvard University Law School) has posted The Racial Disproportionality Movement in Child Welfare: False Facts and Dangerous Directions (Arizona Law Review, Vol. 51, Winter 2009) on SSRN. Here is the abstract: This article addresses the issue of Racial...

Black on Securities Fraud Class Actions

Posted on April 10, 2009
Barbara Black (University of Cincinnati - College of Law) has posted Eliminating Securities Fraud Class Actions Under the Radar on SSRN. Here is the abstract: At least since Basic, Inc. v. Levinson, the business community and many influential scholars have...

Conference Announcement: "Neutrality and Theory of Law" at Girona

Posted on April 10, 2009
The University of Girona (Spain) is hosting a congress celebrating the 50th volume of the series ?Philosophy and Law?. The congress, devoted to the topic ?Neutrality and Theory of Law?, will take place the 20th, 21st and 22nd of May...

Semeraro on the Right of Publicity

Posted on April 10, 2009
Steven Semeraro (Thomas Jefferson School of Law) has posted Distinguishing the Right of Publicity: Property Rights, Free Speech Privilege, and Competition Policy on SSRN. Here is the abstract: The right of publicity is an enigmatic property right. Its many critics...

Duke on the Economics of "Good Faith"

Posted on April 10, 2009
Arlen Duke (Melbourne Law School) has posted A Universal Duty of Good Faith: An Economic Perspective (Monash University Law Review, Vol. 33, No. 1, pp. 182-202, 2009) on SSRN. Here is the abstract: The liberal political environment of the nineteenth....

Dudziak on the Wartime, Peacetime, and History

Posted on April 09, 2009
Mary L. Dudziak (University of Southern California Law School) has posted Law, War, and the History of Time on SSRN. Here is the abstract: Assumptions about time are an aspect of the basic architecture of our thinking about law and...

Guthrie, Rachlinski, & Wistrich on Executive Branch Justice

Posted on April 09, 2009
Chris Guthrie, Jeffrey J. Rachlinski and Andrew J. Wistrich (Vanderbilt University - School of Law, Cornell Law School and Independent) have posted The Hidden 'Judiciary': An Empirical Examination of Executive Branch Justice on SSRN. Here is the abstract: Administrative law...

Seymore on Accidental Inventions & Patent Law

Posted on April 09, 2009
Sean B. Seymore (Washington and Lee University - School of Law) has posted Serendipity (North Carolina Law Review, Forthcoming) on SSRN. Here is the abstract: Serendipity, the process of finding something of value initially unsought, has played a prominent role...

Issacharoff & Samuel on Consumer Protection & Institutions

Posted on April 09, 2009
Samuel Issacharoff and Ian J. Samuel (New York University School of Law and New York University - School of Law) have posted The Institutional Dimension of Consumer Protection (NEW FRONTIERS OF CONSUMER PROTECTION: THE INTERPLAY BETWEEN PRIVATE AND PUBLIC ENFORCEMENT,...

Jimenez on Empirical Analysis of Promissory Estoppel

Posted on April 09, 2009
Marco Jimenez (Stetson University College of Law) has posted The Many Faces of Promissory Estoppel: An Empirical Analysis of Promissory Estoppel under the Restatement (Second) of Contracts (UCLA Law Review, Forthcoming) on SSRN. Here is the abstract: This Article examines...

Dammann & Hansmann on Extraterritorial Litigation, Arbitration, and Globalization

Posted on April 09, 2009
J. C. Dammann and Henry Hansmann (University of Texas at Austin - School of Law and Yale Law School) has posted Globalizing Commercial Litigation (Cornell Law Review, Vol. 94, No. 1, 2008) on SSRN. Here is the abstract: The quality...

Messineo on Al-Jedda

Posted on April 08, 2009
Francesco Messineo (University of Cambridge) has posted The House of Lords in Al-Jedda and Public International Law: Attribution of Conduct to UN-Authorized Forces and the Power of the Security Council to Displace Human Rights (Netherlands International Law Review, Vol...

Graycar on Otherness & Perceptions of Judicial Bias

Posted on April 08, 2009
Reg Graycar (University of Sydney - Faculty of Law) has posted Gender, Race, Bias and Perspective: OR, how Otherness Colours your Judgment (International Journal of the Legal Profession, Vol. 15, Nos. 1-2, pp. 73-86, 2008) on SSRN. Here is the...

Koslosky on Justice Horace Gray & International Law in American Federal Courts

Posted on April 08, 2009
Daniel Ryan Koslosky (University of Florida - Fredric G. Levin College of Law) has posted Ghosts of Horace Gray: Customary International Law as Expectation in Human Rights Litigation (Kentucky Law Journal, Vol. 97, p. 615, 2009) on SSRN. Here is...

Kolber on Memory-Erasing Drugs & Freedom of Memory

Posted on April 08, 2009
Adam J. Kolber (University of San Diego School of Law) has posted Freedom of Memory Today (Neuroethics, Vol. 1, p. 145, 2008) on SSRN. Here is the abstract: Emerging technologies raise the possibility that we may be able to treat...

Morriss & Cramer on Environmentalism as a Religion

Posted on April 08, 2009
Andrew P. Morriss and Benjamin D. Cramer (University of Illinois College of Law and Case Western Reserve University School of Law, Center for Business Law and Regulation) have posted Disestablishing Environmentalism on SSRN. Here is the abstract: The debate over...

Hawley on the Food & Drug Administration Amendments Act & Delegation

Posted on April 08, 2009
Kristen Hawley (University of Houston Law Center) has posted Of Public Interest: Congress' Delegation to the Reagan-Udall Foundation (Houston Law Review, Forthcoming) on SSRN. Here is the abstract: In the wake of several high profile drug safety cases, including the...

Wendel on Executive Branch Lawyers & Terrorism

Posted on April 07, 2009
W. Bradley Wendel (Cornell Law School) has posted 2008 F.W. Wickwire Memorial Lecture: Executive Branch Lawyers in a Time of Terror (Dalhousie Law Journal, Forthcoming) on SSRN. here is the abstract: The subject of this lecture is the ethical responsibilities...

Roberts on Federal Judicial Power in an Asymmetric World

Posted on April 07, 2009
Caprice L. Roberts (West Virginia University College of Law) has posted Asymmetric World Jurisprudence (Seattle University Law Review, Vol. 32, No. 569, 2009) on SSRN. Here is the abstract: An asymmetric world - marked by gross imbalances of power and...

Horwitz on Adler v. Duval County

Posted on April 07, 2009
Paul Horwitz (University of Alabama School of Law) has posted Demographics and Distrust: The Eleventh Circuit on Graduation Prayer in Adler v. Duval County (University of Miami Law Review, 2009) on SSRN. Here is the abstract: This Article, a contribution...

Egger & Kreickemeier on Redistributing Gains from Globalization

Posted on April 07, 2009
Hartmut Egger (University of Zurich - Socioeconomic Institute (SOI); CESifo (Center for Economic Studies and Ifo Institute for Economic Research)) & Udo Kreickemeier (University of Nottingham - School of Economics; CESifo (Center for Economic Studies and Ifo Institute for Economic...

Chen on Legal Thought in the PRC

Posted on April 07, 2009
Albert H.Y. Chen (Faculty of Law, University of Hong Kong) has posted Legal Thought and Legal Development in the People's Republic of China 1949-2008 on SSRN. Here is the abstract: The People's Republic of China has experienced a chequered legal...

Beard on the Political Economy of Development & Christianity

Posted on April 07, 2009
Jennifer L. Beard (Law and Development Research Programme, IILAH) has posted The Political Economy of Desire: International Law, Development and the Nation State on SSRN. Here is the abstract: In this analysis of the genealogy of western capitalist 'development', The...

Legal Theory Lexicon: The Reasonable Person

Posted on April 06, 2009
Introduction Today's Legal theory Lexicon is about the "reasonable person." The notion of a "reasonable person" usually makes its first appearance in the Torts course. The context, of course, is the tort of negligence, where the "reasonable person" is used...

Listokin on "Pivotal Mechanisms" & Organizational Control

Posted on April 06, 2009
Yair Jason Listokin (Yale Law School) has posted The Pivotal Mechanism and Organizational Control on SSRN. Here is the abstract: Organizations with multiple individuals typically make decisions by following the will of the majority of some subset of stakeholders that...

Criddle & Fox-Decent on Preemptory Norms & Sovereignty

Posted on April 06, 2009
Evan J. Criddle (Syracuse University College of Law) & Evan Fox-Decent (McGill University - Faculty of Law) have posted Deriving Peremptory Norms from Sovereignty (American Society of International Law Proceedings, Vol. 103, 2009). Here is the abstract: In international law,...

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