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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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Simmons on New Governance & Police Accountability

Posted on March 16, 2009
Kami Chavis Simmons (Wake Forest University Law School) has posted Legitimizing Police Reform: A New Governance Approach to Police Accountability on SSRN. Here is the abstact: The inherent power of police officers in a democratic society fuels the expectation that...


Hendershot on Explaining Tranformation of the Federal Judicial Appointments Process

Posted on March 16, 2009
Marcus E. Hendershot (University of Florida) has posted Twisted Roots: Cointegrated Explanations of Transformation within the Federal Judicial Appointment Process on SSRN. Here is the abstract: This analysis presents a macro-level time series analysis of transformation within the judicial appointment...


Conference Announcement: Interdisciplinary Approaches to the Thirteenth Amendment at Loyola-Chicago

Posted on March 16, 2009
Slavery, Abolition, and Human Rights: Interdisciplinary Perspectives on the Thirteenth Amendment April 17-18, 2009 Conference Website: http://www.luc.edu/law/activities/opportunities/13th_amendment_conf/index.html The conference will explore the past and present significance of the Thirteenth Amendment, which abolished slavery, providing constitutional authority for eradicating its badges...


Orentlicher on Dismissiveness & Anti-Discrimination Law

Posted on March 16, 2009
David Orentlicher (Indiana University School of Law-Indianapolis) has posted Discrimination Out of Dismissiveness: The Example of Infertility (Indiana Law Journal, Vol. 85, 2009) on SSRN. Here is the abstract: In recent years, anti-discrimination theory and doctrine have rested heavily on...


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Torrance on the Physiological Steps Doctrine

Posted on March 16, 2009
Andrew W. Torrance (University of Kansas - School of Law) has posted Physiological Steps Doctrine (Berkeley Technology Law Journal, Vol. 23, pp.1471-1505, 2008) on SSRN. Here is the abstract: In vivo conversion is a process, often metabolic in nature, wherein...


Winkler on Heller

Posted on March 16, 2009
Adam Winkler (University of California, Los Angeles - School of Law) has posted Heller's Catch 22 (forthcoming UCLA Law Review, Vol. 56, June 2009) on SSRN. Here is the abstract: oseph Heller's satire Catch-22 has become a classic for its...


Henderson, Zorn, & Czarnezki on Judicial Pay & Ideological Decisionmaking

Posted on March 16, 2009
William D. Henderson, Christopher J. Zorn and Jason J. Czarnezki (Indiana University-Bloomington, Maurer School of Law , Pennsylvania State University and Vermont Law School) have posted Working Class Judges (Boston University Law Review, Vol. 88, p. 829, 2008) on SSRN...


Legal Theory Lexicon: Ex Ante/Ex Post

Posted on March 15, 2009
If I had to select only one theoretical tool for a first-year law student to master, it would be the ex post/ex ante distinction. (Of course, this is cheating, because there is a lot packed into the distinction.) The terminology...


If I had to select only one theoretical

Posted on March 15, 2009
If I had to select only one theoretical tool for a first-year law student to master, it would be the ex post/ex ante distinction. (Of course, this is cheating, because there is a lot packed into the distinction.) The terminology...


Download of the Week

Posted on March 14, 2009
The Download of the Week is Reproduction of Hierarchy? A Social Network Analysis of the American Law Professoriate by Daniel Martin Katz, Joshua Gubler, Jon Zelnerm, Eric A. Provins, & Eitan M Ingall. Here is the abstract: As its structure...


Mushlin & Galtz on Race & Prisoner's Rights

Posted on March 14, 2009
Michael B. Mushlin and Naomi (Roz) Galtz (Pace University - School of Law) have posted Getting Real About Race and Prisoner Rights (Fordham Urban Law Journal, Vol. 36, 2009) on SSRN. Here is the abstract: his Article explores the nexus...


Legal Theory Bookworm

Posted on March 14, 2009
The Legal Theory Bookworm recommends Global Justice: A Cosmopolitan Account by Gillian Brock. Here is a description: Gillian Brock develops a viable cosmopolitan model of global justice that takes seriously the equal moral worth of persons, yet leaves scope for...


Parry on Treaties & Section 1983 after Medellin

Posted on March 13, 2009
John T. Parry (Lewis & Clark Law School) has posted A Primer on Treaties and Section 1983 after Medellin v. Texas (Lewis & Clark Law Review, Vol. 13, No. 1, 2009) on SSRN. Here is the abstract: This article --...


Burbank on Pleading & "General Rules"

Posted on March 13, 2009
Stephen B. Burbank (University of Pennsylvania Law School) has posted Pleading and the Dilemmas of 'General Rules' (Wisconsin Law Review, 2009) on SSRN. Here is the abstact: This article comments on Professor Geoffrey Miller's article about pleading under Tellabs and...


Del Mar on Normativity & Legal Theory

Posted on March 13, 2009
Maksymilian T. Del Mar (University of Edinburgh) has posted The Problem of Normativity in Contemporary Legal Theory on SSRN. Here is the abstract: his paper examines the problem of normativity in contemporary legal theory, paying particular attention to the relationship...


Lederman on Economic Substance & Congressional Intent

Posted on March 13, 2009
Leandra Lederman (Indiana University-Bloomington, Maurer School of Law) has posted W(h)ither Economic Substance? on SSRN. Here is the abstract: Abusive transactions that claim inappropriate tax benefits are a perennial problem, but they are particularly distressing in a weak economy...


Abraham on the Liberal Dilemma in Immigration

Posted on March 13, 2009
David Abraham (University of Miami School of Law) has posted Doing Justice on Two Fronts: The Liberal Dilemma in Immigration on SSRN. Here is the abstract: Two hearts beat in every liberal breast. One is the heart of non-discrimination-the commitment...


Graber on the Failed 1831 Repeal of Section 25 of the Judiciary Act of 1789

Posted on March 12, 2009
Mark Graber (University of Maryland - School of Law) has posted James Buchanan as Savior? Judicial Power, Political Fragmentation, and the Failed 1831 Repeal of Section 25 on SSRN. Here is the abstract: James Buchanan is often credited with being...


Mikos on State Legalization of Marijuana & Preemption

Posted on March 12, 2009
Robert A. Mikos (Vanderbilt University - School of Law) has posted Legalizing Federal Crime: The Example of State Medical Marijuana Laws on SSRN. Here is the abstract: Using the conflict over medical marijuana as a timely case study, this Article...


Simons & Baer on Kolber on Subjective Punishment

Posted on March 12, 2009
Adam Kolber's The Subjective Experience of Punishment in the January 2009 Columbia Law Review has received a good deal of attention, including two new pieces (just up today) on the Columbia Law Review's Sidebar: Retributivists Need Not and Should Not...


Katz et al on the Network of the Legal Academy

Posted on March 12, 2009
Daniel Martin Katz (University of Michigan - Department of Political Science; University of Michigan at Ann Arbor - Center for Study of Complex Systems), Joshua Gubler (University of Michigan, Ann Arbor -- Department of Political Science), Jon Zelnerm (University of...


Levy on Variations in State (or Provincial) Constitutinalism in a Federal System

Posted on March 12, 2009
Jacob T. Levy (McGill University - Department of Political Science) has posted "States of the Same Nature": Bounded Variation in Subfederal Constitutionalism on SSRN. Here is the abstract: This paper offers a defense of the bounded variation in state- or...


Chafetz on Executive Branch Contempt of Congress

Posted on March 12, 2009
Josh Chafetz (Cornell Law School) has posted Executive Branch Contempt of Congress (University of Chicago Law Review, Vol. 76, September 2009) on SSRN. Here is the abstract: After former White House Counsel Harriet Miers and White House Chief of Staff...


Walker on Herbert Wechsler & Civil Rights

Posted on March 12, 2009
Anders Walker (Saint Louis University School of Law) has posted 'Neutral Principles': Herbert Wechsler, Legal Process, and Civil Rights (Loyola University Chicago Law Journal, Forthcoming) on SSRN. Here is the abstract:This paper recovers Columbia Law Professor Herbert Wechsler's constitutional involvement...


Solove & Richards on Free Speech and Civil Liability

Posted on March 11, 2009
Daniel J. Solove and Neil M. Richards (George Washington University Law School and Washington University School of Law) have posted Rethinking Free Speech and Civil Liability (Columbia Law Review, Vol. 109, 2009) on SSRN. Here is the abstract: ne of....


Carlson on Legal Positivism & Russell's Paradox

Posted on March 11, 2009
David Gray Carlson (Yeshiva University - Benjamin N. Cardozo School of Law) has posted Russell's Paradox and Legal Positivism on SSRN. Here is the abstract: In 1902, Bertrand Russell overturned set theory, which aspired to reduce all sets to their...


Kochenov on European Citizenship

Posted on March 11, 2009
Dimitry Kochenov (University of Groningen - Faculty of Law) has posted Ius Tractum of Many Faces: European Citizenship and the Difficult Relationship between Status and Rights (Columbia Journal of European Law, Vol. 15, No. 2, 2009) on SSRN. Here is....


Siegel on Heller

Posted on March 11, 2009
Reva Siegel (Yale Law School) has posted Heller & Originalism's Dead Hand - In Theory and in Practice on SSRN. Here is the abstract: This essay considers whether and how originalism promotes the Constitution's democratic legitimacy, in theory and in....


Borgers on Underground Banking

Posted on March 11, 2009
Matthias J. Borgers (VU University Amsterdam) has posted Regulating and Combating Underground Banking (Criminal Law Forum, Vol. 20, p. 97-111, 2009) on SSRN. Here is the abstract:In combating and regulating underground banking, a choice can be made of roughly two...


Barnard on SEC Remedial Powers & "Corporate Therapeutics"

Posted on March 11, 2009
Jayne W. Barnard (William & Mary Law School) has posted Corporate Therapeutics at the Securities and Exchange Commission (Columbia Business Law Review, 2008) on SSRN. Here is the abstract: The Securities and Exchange Commission in recent years has often employed...


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