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Academic

Legal Theory Blog 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

Recent Entries: 5612

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Alberstein on Measuring Legal Formalism

Posted on March 23, 2009
Michal Alberstein (Bar-Ilan University - Faculty of Law) has posted Measures of Legal Formalism on SSRN. Here is the abstract: The formality of modern law is a constitutive element in its operation, but the "revolt against formalism" and the charge...


Chen on Social Movements & Law in Hong Kong

Posted on March 23, 2009
Albert H.Y. Chen (Faculty of Law, University of Hong Kong) has posted Social Movements and the Law in Post-Colonial Hong Kong on SSRN. Here is the abstract: Social movements are an important social and political phenomenon in the contemporary world.....


Legal Theory Lexicon: The Coase Theorem

Posted on March 22, 2009
This week the Legal Theory Lexicon investigates the Coase theorem. Ronald Coase is a member of the law and economics faculties at the University of Chicago and a winner of the Nobel Prize in Economics. The idea that we call...


Legal Theory Bookworm

Posted on March 21, 2009
The Legal Theory Bookworm recommends Internet Governance: Infrastructure and Institutions edited by Lee A. Bygrave & Jon Bing. Here is a description: The question of governance of the Internet is increasing in significance. The United Nations' World Summit on the...


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Download of the Week

Posted on March 21, 2009
The Download of the Week is Contracts and Friendships by Ethan J. Leib. Here is the abstract: This article aims to give the relational theory of contract some new life, sharpening some of its claims against its competitors by refracting...


Pether on Constitutional Epics

Posted on March 20, 2009
Penelope Pether (Villanova University School of Law) has posted Comparative Constitutional Epics (Law and Literature, Vol. 21, No. 1, p. 106, 2009) on SSRN. Here is the abstract: This essay takes up Robert Cover's account, in "Nomos and Narrative" of...


Dodd on Education Law in the Roberts Court

Posted on March 20, 2009
Victoria J. Dodd (Suffolk University Law School) has posted The 2007 Roberts Court Education Law Cases: Reaffirmation or Cut-Back of Student Rights? (Suffolk University Law Review, Vol. 42, p. 61, 2008) on SSRN. Here is the abstract: The Warren Court...


Lipshaw on Regulation, Information, and Judgment

Posted on March 20, 2009
Jeffrey M. Lipshaw (Suffolk University Law School) has posted Disclosure and Judgment: 'We Have Met Madoff and He is Ours' (University of Dayton Law Review, Forthcoming) on SSRN. Here is the abstract: This short essay addresses the role of securities...


Radulovic on Evolution of the Common Law

Posted on March 20, 2009
Branko LJ. Radulovic (Faculty of Law, University of Belgrade) has posted The Selection Hypothesis, Judicial Path-Dependence and the Battle for Precedents on SSRN. Here is the abstract: The paper builds upon existing models on the evolution of the common law...


Ringhand on Ideology & the Supreme Court Confirmation Process

Posted on March 20, 2009
Lori A. Ringhand (University of Georgia School of Law) has posted In Defense of Ideology: A Principled Approach to the Supreme Court Confirmation Process on SSRN. Here is abstract: In this paper, Professor Ringhand offers a principled defense of an...


Campbell on Polygamy & Women

Posted on March 20, 2009
Angela Campbell (McGill University - Faculty of Law) has posted How Have Policy Approaches to Polygamy Responded to Women's Experiences and Rights? An International, Comparative Analysis: Final Report for Status of Women Canada on SSRN. Here is the abstract: Devising...


Covey on Plea Bargaining & Signaling

Posted on March 20, 2009
Russell D. Covey (Georgia State University College of Law) has posted Signaling and Plea Bargaining's Innocence Problem (Washington and Lee Law Review, Vol. 66, 2009) on SSRN. Here is the abstract: The dominant theoretical model of plea bargaining predicts that,...


Aldisert, Rasch, and Bartlett on Opinion Writing & Reading

Posted on March 19, 2009
Ruggero J. Aldisert, Meehan Rasch, and Matthew P. Bartlett have posted Opinion Writing and Opinion Readers on SSRN. Here is the abstract: The authors-a federal appellate judge and his law clerks-bring unique perspectives to bear on the topic of opinion...


Rosen on Milton's Samson Agonistes as Judge

Posted on March 19, 2009
Robert Rosen (University of Miami - School of Law) has posted Samson the Judge: Religion and Violence in Milton's SAMSON AGONISTES on SSRN. Here is the abstract: In this provocation, John Milton's SAMSON AGONISTES is read paying attention to the...


Klass on Conditional Intent to Perform & Bratmat's Planning Theory

Posted on March 19, 2009
Gregory Klass (Georgetown University - Law Center) has posted A Conditional Intent to Perform (Legal Theory, Forthcoming) on SSRN. Here is the abstract: No promisor intends to perform come what may. Yet some undisclosed conditions on a promisor's intent are...


Burch on Litigating Groups

Posted on March 19, 2009
Elizabeth Chamblee Burch (Florida State University - College of Law) has posted Litigating Groups on SSRN. Here is the abstract: Large-scale litigation, such as the Vioxx, Zyprexa, and asbestos cases, breeds conflict. Conflicts arise between attorneys and their clients (agency...


Crawford on Third Wave Feminism

Posted on March 19, 2009
Bridget J. Crawford (Pace University School of Law) has posted The Third Wave's Break from Feminism (International Law in Context, 2009) on SSRN. Here is the abstract: Janet Halley proves that third-wave feminism is wrong - wrongly described, that is...


Horwitz on Redish on Anonymity & Speech as Silence

Posted on March 18, 2009
Paul Horwitz (University of Alabama School of Law) has posted Anonymity, Signaling, and Silence as Speech on SSRN. Here is the abstract: This short article responds to a paper delivered by Professor Martin Redish at a symposium on Speech and...


Appel on Deference to Federal Agencies & the Wilderness Act

Posted on March 18, 2009
Peter A. Appel (University of Georgia - School of Law) has posted Wilderness and the Judiciary on SSRN. Here is the abstract: This Article examines how the decisions of four land management agencies governing wilderness areas under the Wilderness Act...


Bell on Graduated Consent

Posted on March 18, 2009
Tom W. Bell (Chapman University - School of Law) has posted Graduated Consent Theory, Explained and Applied on SSRN. Here is the abstract: We often speak of consent in binary terms, boiling it down to "yes" or "no." In practice,...


Vazquez on Missouri v. Holland

Posted on March 18, 2009
Carlos Manuel Vazquez (Georgetown University Law Center) has posted Missouri v. Holland's Second Holding (Missouri Law Review, Vol. 73, 2008) on SSRN. Here is the abstract: The Supreme Court in Missouri v. Holland famously held that Congress has the power...


Conference Announcement: Transatlantic Perspectives on the Local Pursuit of Intelligence at Illinois

Posted on March 18, 2009
?Transatlantic Perspectives on the Local Pursuit of Intelligence? April 2-3, 2009 University of Illinois College of Law Conference Organizers: Jacqueline Ross, University of Illinois College of Law, and Thierry Delpeuch, Centre National de Recherche Scientifique Jointly sponsored by the University...


Edwards on Legal Expressivism

Posted on March 18, 2009
Matthew A. Edwards (Baruch College (CUNY) - Zicklin School of Business) has posted Legal Expressivism: A Primer on SSRN. Here is the abstract: This paper aims to provide a basic primer on legal expressivism for scholars with a general interest...


Jois on Stare Decisis & Cognitive Error

Posted on March 18, 2009
Goutam U. Jois (United States Court of Appeals, Second Circuit) has posted Stare Decisis is Cognitive Error on SSRN. Here is the abstract: For hundreds of years, the practice of stare decisis - a court's adherence to prior decisions in...


Garoupa on the English Rule with Payments Upfront

Posted on March 17, 2009
Nuno Garoupa (University of Illinois College of Law) has posted The English Rule with Payments Upfront on SSRN. Here is the abstract: This paper extends the economic model of litigation under the English rule for allocation of costs by considering...


McNeal on the Legitimacy of Counterterrorism

Posted on March 17, 2009
Gregory S. McNeal (Pennsylvania State University - Dickinson School of Law) has posted Institutional Legitimacy and Counterterrorism Trials on SSRN. Here is the abstract: Much of the current debate in national security law scholarship focuses on institutional design issues related...


Rosenthal on Originalism & Incorporation

Posted on March 17, 2009
Lawrence Rosenthal (Chapman University - School of Law) has posted The New Originalism Meets the Fourteenth Amendment: Original Public Meaning and the Problem of Incorporation (Journal of Contemporary Legal issues, Forthcoming) on SSRN. Here is the abstract: This paper, prepared...


O'Rourke on Hohfeld & Constitutional "Rights"

Posted on March 17, 2009
Allen Thomas O'Rourke (Harvard Law School) has posted Refuge from a Jurisprudence of Doubt: Hohfeldian Analysis of Constitutional Law on SSRN. Here is the abstract: Constitutional analysis often contains ambiguity surrounding the word "right" and other legal concepts...


Leib on Contracts & Friendships

Posted on March 17, 2009
Ethan J. Leib (University of California - Hastings College of the Law) has posted Contracts and Friendships (Emory Law Journal, Vol. 59, 2010) on SSRN. Here is the abstract: his article aims to give the relational theory of contract some...


Allen on Theorizing About Self Incrimination

Posted on March 17, 2009
Ronald J. Allen's Theorizing About Self-Incrimination is now available on the Cardozo Law Review's website. Here is a taste: When asked to participate in this symposium, I initially declinedon the ground that I had already, to the best of my...


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