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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

Waldron on Doing Without Rules of Recognition

Posted on March 28, 2009
Jeremy Waldron (New York University - School of Law) has posted Who Needs Rules of Recognition? on SSRN. Here is the abstract: I argue against the idea (made popular by H.L.A. Hart) that the key to a legal system is...

Legal Theory Bookworm

Posted on March 28, 2009
The Legal Theory Bookworm recommends Violence and Social Orders: A Conceptual Framework for Interpreting Recorded Human History by Douglass C. North, John Joseph Wallis, & Barry R. Weingast. Here is a description: All societies must deal with the possibility of...

Download of the Week

Posted on March 28, 2009
The Download of the Week is Measures of Legal Formalism by Michal Alberstein. Here is the abstract: The formality of modern law is a constitutive element in its operation, but the "revolt against formalism" and the charge of mechanical jurisprudence....

Oldfather on the Purposes of Appellate Review

Posted on March 27, 2009
Chad M. Oldfather (Marquette University - Law School) has posted Error Correction (Indiana Law Journal, Vol. 85, 2010) on SSRN. Here is the abstract: Under most accounts of appellate review, error correction stands with law declaration as the core purposes...

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Segall on Tribe

Posted on March 27, 2009
Eric Segall (Georgia State University - College of Law) has posed Lost in Space: Laurence Tribe's Invisible Constitution (Northwestern University Law Review Colloquy, Vol. 103, p. 434, 2009) on SSRN. Here is the abstract: For over two hundred years, scholars,...

Oberdiek on Philosophical Issues in Negligence Law

Posted on March 27, 2009
John Oberdiek (Rutgers University School of Law, Camden) has posted Philosophical Issues in Tort Law (Philosophy Compass, Vol. 3/4, pp. 734-748, 2008) on SSRN. Here is the abstract: The union of contemporary philosophy and tort law has never been better...

Lidsky on Rational Audiences & Free Speech

Posted on March 27, 2009
Lyrissa Barnett Lidsky (University of Florida - Levin College of Law) has posted Nobody's Fools: The Rational Audience as First Amendment Ideal on SSRN. Here is the abstract: Assumptions about audiences shape the outcomes of First Amendment cases. Yet the...

Hutchison on Citizenship & Catholic Faith

Posted on March 27, 2009
Harry G. Hutchison (George Mason University - School of Law) has posted Putting the World Back Together? Recovering Faithful Citizenship in a Postmodern Age on SSRN. Here is the abstract: Archbishop Chaput's book, Render Unto Caesar, signifies the continuation of...

Dolak on Inequitable Conduct

Posted on March 26, 2009
Lisa A. Dolak (Syracuse University - College of Law) has posted The Inequitable Conduct Gyre Widens on SSRN. Here is the abstract: The last several years have seen a general trend in the direction of expansion of the doctrine of...

Morriss on Mobile Source Regulation

Posted on March 26, 2009
Andrew P. Morriss (University of Illinois College of Law) has posted The Next Generation of Mobile Source Regulation on SSRN. Here is the abstract: In the U.S. we have reached the point where further reductions in per-mile emissions from individual...

Yin on "Lawfare" (Law as Warfare)

Posted on March 26, 2009
Tung Yin (University of Iowa - College of Law) has posted Boumediene and Lawfare (University of Richmond Law Review, Vol. 43, p. 865, 2009) on SSRN. Here is the abstract: One reason that the Bush Administration persistently resisted giving Guantanamo...

Camp on Formalism & Functionalism & IRC 6020

Posted on March 26, 2009
Bryan Camp (Texas Tech University - School of Law) has posted The Never Ending Battle on SSRN. Here is the abstract: In every era and area of law one finds a never-ending battle between two groups of legal thinkers: formalists...

Sartor on Defeasible Legal Reasoning

Posted on March 26, 2009
Giovanni Sartor (European University Institute Law Department) has posted Defeasibility in Legal Reasoning on SSRN. Here is the abstract: I shall first introduce the idea of reasoning, and of defeasible reasoning in particular. I shall then argue that cognitive agents...

Bradley on Herring v. United States

Posted on March 26, 2009
Craig Bradley (Indiana University School of Law-Bloomington) has posted Red Herring or the Death of the Exclusionary Rule? (Trial Magazine, April 2009) on SSRN. Here is the abstract: This article discusses Herring v. United States in which the Court held,...

Waggoner on Taxing Carbon

Posted on March 26, 2009
Michael Waggoner (University of Colorado School of Law) has posted How and Why to Tax Carbon (Colorado Journal of International Environmental Law and Policy, Vol. 20, 2009) on SSRN. Here is the abstract: Increased concern about possible global warming due...

Brauneis on the Copyrightability of News & the Transformation of Originality

Posted on March 25, 2009
Robert Brauneis (George Washington University - Law School) has posted The Transformation of Originality in the Progressive-Era Debate Over Copyright in News on SSRN. Here is the abstract: In the 1991 case of Feist Publications, Inc. v. Rural Telephone Service...

Issacharoff & Miller on Democracy & Electoral Processes

Posted on March 25, 2009
Samuel Issacharoff and Laura Miller (New York University School of Law and New York University School of Law) have posted Democracy and Electoral Processes (Daniel A. Farber and Anne Joseph O'Connell (editors), Research Handbook on Law and Public Choice (Edward...

Vines on Apologies & Civil Liability in England, Wales, and Scotland

Posted on March 25, 2009
Prue E. Vines (University of New South Wales) has posted Apologies and Civil Liability in England, Wales and Scotland: The View from Elsewhere (Edinburgh Law Review (forthcoming)) on SSRN. Here is the abstract: In recent years many common law jurisdictions...

Olney on Immigration & Outsourcing

Posted on March 25, 2009
William W. Olney (University of Colorado at Boulder) has posted Does Immigration Substitute for Offshoring? on SSRN. Here is the abstract: Research generally focuses on how immigration affects native workers, while the impact of immigration on domestic firms is often...

Cox on the ADA Amendments Act of 2008

Posted on March 25, 2009
Jeannette Cox (University of Dayton School of Law) has posted Crossroads and Signposts: The ADA Amendments Act of 2008 (Indiana Law Journal, Forthcoming) on SSRN. Here is the abstract: Although the apparent purpose of the January 1, 2009 amendments to...

Resnick on Judicial Independence

Posted on March 24, 2009
Judith Resnik (Yale University - Law School) has posted Interdependent Federal Judiciaries: Puzzling About Why & How to Value the Independence of Which Judges (Daedalus, Vol. 137, No. 28, 2008) on SSRN. Here is the abstract: Judicial independence is a...

Issacharoff on Wartime Democracy

Posted on March 24, 2009
Samuel Issacharoff (New York University School of Law) has posted Political Safeguards in Democracy at War (Oxford University Press, Oxford Journal of Legal Studies) on SSRN. Here is the abstract: Wartime challenges democracies both from without and within...

Br�lmann on International Organizations & Treaties

Posted on March 24, 2009
Catherine Br�lmann (University of Amsterdam - Amsterdam Center for International Law) has posted Organizations and Treaties : Contractual Freedom and Institutional Constraint (forthcoming in : J Klabbers, Research Handbook on International Organizations (Edward Elgar Publishers, 2009)) on SSRN...

Eltis & Gelinas on Depoliticization of the Judiciary

Posted on March 24, 2009
Karen Eltis and Fabien Gelinas (University of Ottawa - Faculty of Law and McGill University) has posted Judicial Independence and the Politics of Depoliticization on SSRN. Here is the abstract: The power and legitimacy of judges are anchored in the...

Yablon-Zug on Grandparent Deportation

Posted on March 24, 2009
Marcia Anne Yablon-Zug (University of South Carolina School of Law) has posted Deporting Grandma: Why Grandparent Deportation May Be the Next Big Immigration Crisis and How to Solve it on SSRN. Here is the abstract: This article explores the important...

Covitz, Liang, & Suarez on Panic in Asset-Backed Commerical Paper Markets

Posted on March 24, 2009
Daniel M. Covitz, Nellie Liang and Gustavo Suarez (Federal Reserve Board - Division of Research & Statistics, Federal Reserve Board and Board of Governors of the Federal Reserve System) have posted The Anatomy of a Financial Crisis: the Evolution of....

Lehavi on Land Laws & Globalization

Posted on March 24, 2009
Amnon Lehavi (Interdisciplinary Center Herzliyah - Radzyner School of Law) has posted The Global Law of the Land (University of Colorado Law Review, forthcoming 2010) on SSRN. Here is the abstract: Are we witnessing the gradual universality of national land...

Mitnick on Due Process & Reputational Harm

Posted on March 23, 2009
Eric J. Mitnick (Thomas Jefferson School of Law) has posted Procedural Due Process and Reputational Harm: Liberty as Self-Invention (U.C. Davis Law Review, Vol. 43, 2009) on SSRN. Here is the abstract: The question addressed in this article is whether...

Guiora & Luban on Israel's Gaza Campaign

Posted on March 23, 2009
Amos N. Guiora and David Luban (University of Utah - S.J. Quinney College of Law and Georgetown University - Law Center) have posted An Exchange on Law and Israel's Gaza Campaign (ABA National Security Law Report, Vol. 31, pp. 1-6,...

Blumenson & Nilsen on Marijuana Law Reform

Posted on March 23, 2009
Eric D. Blumenson and Eva S. Nilsen (Suffolk University Law School and Boston University School of Law) have posted Lost Liberty: The Moral Case for Marijuana Law Reform on SSRN. Here is the abstract: Marijuana policy analyses typically focus on...

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