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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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Posts

Cheffins & Bank on Ownership and Control

Posted on March 10, 2009
Brian R. Cheffins and Steven A. Bank (University of Cambridge - Faculty of Law and University of California, Los Angeles - School of Law) have posted Is Berle and Means Really a Myth? on SSRN. Here is the abstract:Berle and...


Milligan on Equal Access & the First Amendment

Posted on March 10, 2009
Luke M. Milligan (University of Louisville School of Law) has posted Rethinking Press Rights of Equal Access (Washington and Lee Law Review, Vol. 65, No. 1103, 2008) on SSRN. Here is the abstract:The prevailing approach to First Amendment equal-access litigation,...


Philippopoulos-Mihalopoulos and FitzGerald on Law & Urban Space

Posted on March 10, 2009
Andreas Philippopoulos-Mihalopoulos and Sharron A. FitzGerald (University of Westminster and Aberystwyth University) have posted From Space Immaterial: The Invisibility of the Lawscape (Griffith Law Review, Vol. 17, No. 2, pp. 438-453, 2008) on SSRN. Here is the abstract:This article aims...


Conference Announcement: Conceptualizing Substantive Justice

Posted on March 10, 2009
Call for Papers CONCEPTUALIZING SUBSTANTIVE JUSTICE Sturm College of Law, University of Denver April 17-18, 2009 Keynote speaker: Professor Adrien Wing, Assoc. Dean for Faculty Devel. & Bessie Dutton Murray Prof. of Law, Univ. of Iowa, on: ?Conceptualizing Substantive Justice:...


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Reidy on Rawls's Religion

Posted on March 10, 2009
David A. Reidy, J.D., Ph.D. (University of Tennessee - Department of Philosophy) has posted Rawls's Religion on SSRN. Here is the abstract: In this essay I discuss John Rawls's religious commitments as the developed over the course of his life...


Roark on Warranty Removal and Unauthorized Use

Posted on March 10, 2009
Marc Lane Roark (University of Missouri School of Law) has posted Limitation of Sales Warranties as an Alternative to Intellectual Property Rights: An Empirical Analysis of Iphone Warranties' Deterrent Impact on Consumers on SSRN. Here is the abstract: Apple's success...


Legal Theory Lexicon: The Priority of the Particular

Posted on March 09, 2009
IntroductionOne kind of legal theory attempts to relate the mass of legal materials (cases, clauses, statutes, etc.) to a systematic set of principles. Such theories may be normative: that is, some legal theories are frameworks for the prescriptive evaluation of...


Mazzone on the Supremacy of the Supreme Court

Posted on March 09, 2009
Jason Mazzone (Brooklyn Law School) has posted When the Supreme Court is Not Supreme on SSRN. Here is the abstract: The Supreme Court is not always supreme. For much of this nation's history, this statement was true as a matter...


Heinze on Legitimacy in Literary Tradition

Posted on March 09, 2009
Eric Heinze (Queen Mary, University of London - School of Law) has posted Heir, Celebrity, Martyr, Monster: Legal and Political Legitimacy in Shakespeare and Beyond (Law and Critique, Vol. 20, No. 1, 2009) on SSRN. Here is the abstract:The Seventeenth...


Gedicks on Religious Truth, Pluralism, and Postmodernism

Posted on March 09, 2009
Frederick Mark Gedicks (Brigham Young University - J. Reuben Clark Law School) has posted Truth and Consequences: Mitt Romney, Proposition 8, and Public Reason on SSRN. Here is the abstract: Although formal religious tests for federal office are constitutionally prohibited,...


Tyler on Judicial Supremacy

Posted on March 09, 2009
David W. Tyler (College of William and Mary) has posted Clarifying Departmentalism: How the Framers' Vision of Judicial and Presidential Review Makes the Case for Deductive Judicial Supremacy on SSRN. Here is the abstract: Few constitutional scholars would dispute the...


2009 Entry Level Hiring Report

Posted on March 08, 2009
The 2009 Entry Level Hiring Report was last updated on March 8, 2009.Here is the first round of results from the 2009 Entry Level Hiring Report. The list of entry-level hires by school follows in the continuation of this post....


Legal Theory Bookworm

Posted on March 07, 2009
The Legal Theory Bookworm recommends The Lost History of the Ninth Amendment by Kurt T Lash. Here is a description: The most important aspect of The Lost History of the Ninth Amendment is its presentation of newly uncovered historical evidence...


Download of the Week

Posted on March 07, 2009
The Download of the Week is Law as a Means by Leslie Green. Here is the abstract: This article defends legal instrumentalism, i.e. the thesis that law is distinguished among social institutions more by the means by which it serves...



Guttentag on a Law Intinct

Posted on March 06, 2009



Dagan on Tax and Personhod

Posted on March 06, 2009


Waldron on Targeting Civilians

Posted on March 06, 2009


Green on the Hart-Fuller Debate

Posted on March 06, 2009


Zohar on Domicile & Habitual Residence

Posted on March 06, 2009


Churchill Trial Blogging

Posted on March 06, 2009
Jay Brown from the University of Denver writes: The Race to the Bottom is going to provide daily blogging of the trial of Ward Churchill, the CU Professor who made critical comments about the US in connection with 9/11. Information...


Davies on Early American Law Journals

Posted on March 05, 2009



Barnidge on Just Cogens

Posted on March 05, 2009


Tiersma on Law and Language

Posted on March 05, 2009



Lifshitz on Pluralism & Marriage

Posted on March 05, 2009




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