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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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Lilley on Executive Privilege

Posted on February 26, 2009
Stephen C. N. Lilley has posted Suboptimal Executive Privilege on SSRN. Here is the abstract: Calls for political, rather than judicial, resolution of executive privilege disputes between the political branches of the federal government have become routine...


Bloom on Border Searches

Posted on February 26, 2009
Robert M. Bloom (Boston College - Law School) has posted Border Searches in the Age of Terrorism (Mississippi Law Journal, Vol. 78, 2008) on SSRN. Here is the abstract:This article will first explore the history of border searches. It will...


Mulligan on Federal Courts, Federal Tribunals, and Implied Causes-of-Action

Posted on February 25, 2009
Lumen N. Mulligan (Michigan State University College of Law) has posted Federal Courts Not Federal Tribunals on SSRN. Here is the abstract: The Court has employed inferred-cause-of-action doctrine to foster the rights of individuals, from injured workers to female college...


Snow on Proving Fair Use

Posted on February 25, 2009
Ned Snow (University of Arkansas at Fayetteville - School of Law) has posted Proving Fair Use: Burden of Proof as Burden of Speech on SSRN. Here is the abstract: Courts have created a burden of proof in copyright that chills...


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Website Announcement: Constitutionmaking.org

Posted on February 25, 2009
The U.S. Institute of Peace and the Comparative Constitutions Project (CCP) are pleased to announce the launch of constitutionmaking.org, a site intended to provide people engaged in constitutional drafting access to essential materials, insights, and expertise...


Larson on Heller

Posted on February 25, 2009
Carlton F. W. Larson (University of California, Davis - School of Law) has posted Four Exceptions in Search of a Theory: District of Columbia v. Heller and Judicial Ipse Dixit on SSRN. Here is the abstract: This Symposium Essay examines...


2009 Entry Level Hiring Report

Posted on February 24, 2009
Once again, I am gathering data on entry-level hiring for tenure-track positions at ABA-Accredited (or provisionally accredited) law schools in the United States. This year, I will be using surveymonkey to collect the data. The data elements are similar to...


Bailey on Intersectionality & Feminism

Posted on February 24, 2009
Alison Bailey (Illinois State University) has posted On Intersectionality and White Feminist Philosophy on SSRN. Here is the abstract: Feminism and academic philosophy have had lots to say to one another. Yet part of what marks feminist philosophy as philosophy...


Parry on Torture Warrants

Posted on February 23, 2009
John T. Parry (Lewis & Clark Law School) has posted Torture Warrants and the Rule of Law (Albany Law Review, Vol. 71, No. 3, 2008) on SSRN. Here is the abstract:his essay derives from a paper presented in Spring 2006...


Entry Level Hiring Report--Data Collection Will Start Tomorrow

Posted on February 23, 2009
Data collection for the 2009 Entry Level Hiring Report will start tomorrow. As usual, I'll be asking for a variety of data elements for Tenure-Track Faculty Members at ABA accredited law schools in the United States. Watch for the post...


March on Secularism, Neutrality, and Religious Minorities

Posted on February 23, 2009
Andrew F. March (Yale University) has posted Are Secularism and Neutrality Attractive to Religious Minorities? Islamic Discussions of Western Secularism in the 'Jurisprudence of Muslim Minorities' (Fiqh Al-Aqalliyyat) Discourse on SSRN. Here is the abstract:This paper introduces views both hostile...


Beerman on Congress & Administrative Law

Posted on February 23, 2009
Jack Michael Beermann (Boston University School of Law) has posted The Turn Toward Congress in Administrative Law (Boston University Law Review, 2009) on SSRN. Here is the abstract: Congress engages in an extensive and ever-increasing level of oversight of the...


Klass on Intent to Contract

Posted on February 23, 2009
Gregory Klass (Georgetown University - Law Center) has posted Intent to Contract on SSRN. Here is the abstract:There is a remarkable difference between black-letter contract laws of the United States and England. In England, the existence of a contract is...


Glencross on Sovereignty Games & the EU

Posted on February 23, 2009
Andrew R. Glencross (University of Pennsylvania) has posted Federalism, Confederalism and Sovereignty Claims: Understanding the Democracy Game in the EU (SOVEREIGNTY GAMES: INSTRUMENTALIZING STATE SOVEREIGNTY IN EUROPE AND BEYOND, R. Adler-Nissen and T...


Mann on a Carbon Tax

Posted on February 23, 2009
Roberta F. Mann (University of Oregon School of Law) has posted The Case for the Carbon Tax: How to Overcome Politics and Find Our Green Destiny (Environmental Law Reporter, Vol. 39, No. 10118, 2009) on SSRN. Here is the abstract:This...


Legal Theory Lexicon: The Nature of Law

Posted on February 22, 2009
Introduction What is the nature of law? This question has occupired center stage jurisprudence and philosophy of law in the modern era, and has been the central occupation of contemporary analytic jurispurdence. This entry in the Legal Theory Lexicon aims...


Legal Theory Bookworm

Posted on February 21, 2009
It is with special pleasure that the Legal Theory Bookworm recommends Causation and Responsibility by Michael S. Moore, a work that is sure to become a classic. Here is a description: The concept of causation is fundamental to ascribing moral...


Download of the Week

Posted on February 21, 2009
The Download of the Week is The Bush Presidency and Theories of Constitutional Change by Stephen M. Griffin. Here is the abstract: The presidency of George W. Bush was widely noted for its expansion of executive power. In the years...


Solum on Originalism & Incorporation

Posted on February 20, 2009
Lawrence B. Solum (University of Illinois College of Law) has posted Incorporation and Originalist Theory on SSRN. Here is the abstract: Does the Fourteenth Amendment of the United States Constitution incorporate the Bill of Rights contained in the first eight...


Smith on Court Orders, Remedies, and the Prevention of Wrongs

Posted on February 20, 2009
Stephen A. Smith (McGill University - Faculty of Law) has posted Rights, Remedies, and Causes of Action (STRUCTURE AND JUSTIFICATION IN PRIVATE LAW: ESSAYS FOR PETER BIRKS, C. Rickett, R. Grantham, eds. 405-421, Hart Publishing 2008) on SSRN. Here is...


A Modest Proposal from Gowder

Posted on February 20, 2009
Paul Gowder has a post entitled A simple reform to make law journals more useful. (revised): Unlike law journals, many journals in other disciplines use a system such that there?s a bibliography at the end. All law reviews use a...


Tamanaha on Law & Society

Posted on February 20, 2009
Brian Z. Tamanaha (St. John's University - School of Law) has posted Law and Society (A COMPANION TO PHILOSOPHY OF LAW AND LEGAL THEORY, 2ND EDITION, Dennis Patterson, ed., Blackwell Publishers, 2009) on SSRN. Here is the abstract: This essay...


Lund on Natural Law & Judicial Hubris

Posted on February 20, 2009
Nelson Lund (George Mason University School of Law) has posted Montesquieu, Judicial Degeneracy, and the United States Supreme Court on SSRN. Here is the abstract: This essay, which is aimed primarily but not exclusively at audiences in the field of....


White on Patriotic Education in Public Schools

Posted on February 20, 2009
Brent T. White (University of Arizona - James E. Rogers College of Law) has posted Ritual, Emotion, and Political Belief: The Search for the Constitutional Limit to Patriotic Education in Public Schools (Georgia Law Review, Vol. 42, 2009) on SSRN....


Kletzer on Fritz Sander

Posted on February 20, 2009
Christoph Kletzer (King's College London - School of Law) has posted Fritz Sander (DER KREIS UM HANS KELSEN. DIE ANFANGSJAHRE DER REINEN RECHTSLEHRE, Robert Walter, Clemens Jabloner, Klaus Zeleny, eds., Vienna: Manz 2008) on SSRN. Here is the abstract: The...


Somin on Legal Conservatism

Posted on February 19, 2009
Ilya Somin (George Mason University - School of Law) has posted Lessons from the Rise of Legal Conservatism (Harvard Journal of Law and Public Policy, Forthcoming) on SSRN. Here is the abstract:Steven Teles's The Rise of the Conservative Legal Movement...


Benoliel on Security Council Proceduralism

Posted on February 19, 2009
Daniel Benoliel (University of Haifa - Faculty of Law) has posted Security Council Proceduralism on SSRN. Here is the abstract:This paper focuses on the Security Council voting procedures, while analyzing the interplay between formal and informal decisions herein...


Canale on Coleman on Jurisprudential Methodology

Posted on February 19, 2009
Damiano Canale (University of Bocconi - Institute of Comparative Law) has posted Consequences of Pragmatic Conceptualism: On the Methodology Problem in Jurisprudence on SSRN. Here is the abstract: There has been a notable revival of interest in the debate on...


Pillsbury on Forgiveness & Punishment

Posted on February 19, 2009
Samuel H. Pillsbury (Loyola Law School Los Angeles) has posted Review Essay: Learning from Forgiveness (CRIMINAL ETHICS, John J. Kleinig, ed., Fortthcoming) on SSRN. Here is the abstract: Many have argued that contemporary American criminal punishment is overly harsh and...


Gee & Webber on Bellamy on the British Constitution

Posted on February 19, 2009
Graham Gee and Grégoire Webber (McGill University, Centre for Human Rights and Legal Pluralism) have posted Britain's Political Constitution: A Normative Turn on SSRN. Here is the abstract: On one reading at least, the British constitution is slowly evolving towards,...


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