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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

Lash on Incorporation . . . and Beyond!

Posted on January 08, 2009
Kurt T. Lash (Loyola Law School Los Angeles) has posted Beyond Incorporation on SSRN. Here is the abstract: Incorporation as a theory of constitutional interpretation is dying. Incorporationist scholars are killing it. In this paper, I argue that they are...

Vermeule on Expert Panels

Posted on January 08, 2009
Adrian Vermeule (Harvard University - Harvard Law School) has posted The Parliament of the Experts on SSRN. Here is the abstract: In the administrative state, how should expert opinions be aggregated and used? If a panel of experts is unanimous...

Levitin on Upstream Regulation of Credit Markets

Posted on January 08, 2009
Adam Levitin (Georgetown University - Law Center) has posted Hydraulic Regulation: Regulating Credit Markets Upstream (Yale Journal on Regulation, Vol. 26, 2009) on SSRN. Here is the abstract: Consumer protection in financial services has failed. A crisis is now playing...

Shaffer on a New Legal Realism in International Law

Posted on January 08, 2009
Gregory Shaffer (University of Minnesota - Twin Cities - School of Law) has posted A Call for a New Legal Realism in International Law: The Need for Method on SSRN. Here is the abstract:In this inaugural lecture for Professor Shaffer's...

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Hemphill & Suk on Fashion

Posted on January 08, 2009
C. Scott Hemphill and Jeannie Suk (Columbia University - Law School and Harvard University - Harvard Law School) have posted The Law, Culture, and Economics of Fashion (Stanford Law Review, 2009) on SSRN. Here is the abstract: Fashion is one...

Happold on Child Prisoners in War

Posted on January 08, 2009
Matthew Happold (University of Hull - Law School) has posted Child Prisoners in War (PRISONERS IN WAR, Sibylle Scheipers, ed., Oxford: Oxford University Press, Forthcomin) on SSRN. Here is the abstract: In recent years children's recruitment and use to participate...

Hardy on Popular Understanding of the 14th Amendment

Posted on January 07, 2009
David T. Hardy has posted Original Popular Understanding of the 14th Amendment as Reflected in the Print Media of 1866-68 on SSRN. Here is the abstract: In District of Columbia v. Heller, a majority of the U.S. Supreme Court endorsed...

Del Mar on Social Normativity

Posted on January 07, 2009
Maksymilian T. Del Mar (University of Edinburgh) has posted Social Normativity: What's at Stake? on SSRN. Here is the abstract: This paper argues that what is at stake in the debate over the nature of social normativity is the understanding...

Ralston on Pragmatism & Constiutionalism

Posted on January 07, 2009
Shane J. Ralston (University of Maine) has posted Can Pragmatists be Constitutionalists? on SSRN. Here is the abstract: At the outset of the present century, a debate erupted in the pages of the journal Administration and Society over the question...

Webber on Proportionality and Balancing

Posted on January 07, 2009
Gr�goire Webber (McGill University, Centre for Human Rights and Legal Pluralism) has posted The Cult of Constitutional Rights' Scholarship: Proportionality and Balancing on SSRN. Here is the abstract: Constitutional rights' scholarship is anchored in the cult of proportionality and balancing...

Johnson on Race & Class and Immigration Law

Posted on January 07, 2009
Kevin R. Johnson (University of California, Davis - School of Law) has posted The Intersection of Race and Class in U.S. Immigration Law and Enforcement (Law & Contemporary Problems, Vol. 72) on SSRN. Here is the abstract: This issue of...

Gelpern & Levitin on Frankstein Contracts

Posted on January 07, 2009
Anna Gelpern and Adam Levitin (Rutgers Law School - Newark and Georgetown University - Law Center) have posted Rewriting Frankenstein Contracts: The Workout Prohibition in Residential Mortgage-Backed Securities on SSRN. Here is the abstract: At the heart of the current...

Kapeliuk on Implementing the New York Convention in Israel

Posted on January 07, 2009
Daphna Kapeliuk (Interdisciplinary Center Herzliyah) has posted The Limits of Judicial Discretion: Emotive Dispositions of Israeli Courts in Implementing the New York Convention (Ohio State Journal on Dispute Resolution, Vol. 24, 2009) on SSRN. Here is the abstract:Impelled by the...

Schwarcz on Conflicts of Interest Involving Secondary Managers

Posted on January 05, 2009
Steven L. Schwarcz (Duke University - School of Law) has posted Conflicts and Financial Collapse: The Problem of Secondary-Management Agency Costs on SSRN. Here is the abstract:Corporate governance scholarship has long focused on conflicts of interest between firms and their...

Barker on Duty of Care in Pure Economic Loss Cases

Posted on January 05, 2009
Kit Barker (TC Beirne School of Law) has posted Economic Loss and the Duty of Care: A Study in the Exercise of Legal Justification (JUSTIFYING REMEDIES IN THE LAW OF OBLIGATIONS, C. Rickett, ed., Hart Publishing, Oxford 2008) on SSRN....

Klement & Kapeliuk on Contractualizing Procedure

Posted on January 05, 2009
Alon Klement and Daphna Kapeliuk (Interdisciplinary Center Herzliyah - Radzyner School of Law and Interdisciplinary Center Herzliyah) have posted Contractualizing Procedure on SSRN. Here is the abstract:Modification and waiver of procedural rules are commonplace between litigants during trial...

Choi & Eisenberg on Punitive Damages & Securities Arbitration

Posted on January 05, 2009
Stephen J. Choi and Theodore Eisenberg (New York University - School of Law and Cornell University - School of Law) have posted Punitive Damages in Securities Arbitration: An Empirical Study on SSRN. Here is the abstract:This article provides the first...

Sapra & Zak on Neurofinance

Posted on January 05, 2009
Steven G. Sapra and Paul J. Zak (Analytic Investors, Inc. and Claremont Colleges - Center for Neuroeconomics Studies) have posted Neurofinance: Bridging Psychology, Neurology, and Investor Behavior on SSRN. Here is the abstract: The purpose of this paper is to...

Rossi on Public Choice & Energy Regulation

Posted on January 05, 2009
Jim Rossi (Florida State University College of Law) has published Public Choice, Energy Regulation and Deregulation (PUBLIC LAW AND PUBLIC CHOICE, Edward Elgar, Daniel Farber & Anne Joseph O'Connell, eds., 2009) on SSRN. Here is the abstract: This chapter addresses...

Legal Theory Lexicon: Realist Deconstruction of Formal Legal Categories

Posted on January 04, 2009
Introduction Many of the Legal Theory Lexicon entires provide tools--the argumentative moves and theoretical constructs that should be in any legal theorist's toolkit. Lot's of these are drawn from other disciplines: for example, the distinction between "Concepts" and "Conceptions" is...

Legal Theory Bookworm

Posted on January 03, 2009
The Legal Theory Bookworm recommends Law and the Limits of Reason by Adrian Vermeule. Here is a description: Human reason is limited. Given the scarcity of reason, how should the power to make constitutional law be allocated among legislatures, courts...

Download of the Week

Posted on January 03, 2009
The Download of the Week is Interpreting the Fourteenth Amendment: Two Don'ts and Three Dos by Garrett Epps. Here is the abstract: A sophisticated reading of the legislative record of the framing of the Fourteenth Amendment can provide courts and...

Symeonides on Choice of Law

Posted on January 02, 2009
Symeon C. Symeonides (Willamette University - College of Law) has posted Choice of Law in the American Courts in 2008: Twenty-Second Annual Survey (American Journal of Comparative Law, Vol. 57, 2009) on SSRN. Here is the abstract: This is the...

Rossi on the Filed Rate Doctrine

Posted on January 02, 2009
Jim Rossi (Florida State University College of Law) has posted Why the Filed Rate Doctrine Should Not Imply Blanket Judicial Deference to Regulatory Agencies (Administrative & Regulatory Law News, Fall 2008) on SSRN. Here is the abstract: The filed rate...

Peretti on the State Action Doctrine

Posted on January 02, 2009
Terri L. Peretti (Santa Clara University) has posted The Rise and Fall of the State Action Doctrine 1940-1990 on SSRN. Here is the abstract:According to the state action doctrine, the Constitution restricts the activities of governmental but not private entities...

Brand on Medellin v. Texas

Posted on January 02, 2009
Ronald A. Brand (University of Pittsburgh - School of Law) has posted Treaties and the Separation of Powers in the United States: A Reassessment after Medellin v. Texas (Duquesne Law Review, Vol. 47) on SSRN. Here is the abstract: This...

Piret on Bourmediene v. Bush

Posted on January 02, 2009
Jean-Marc Piret (Erasmus University Rotterdam (EUR) - Erasmus School of Law) has posted Boumediene v. Bush and the Extraterritorial Reach of the U.S. Constitution: A Step towards Judicial Cosmopolitanism? (Utrecht Law Review, Vol. 4, No. 3, pp. 81-103, December 2008)...

Ralston on Talisse on Dewey & Pluralism

Posted on January 02, 2009
Shane J. Ralston (University of Maine) has posted Deweyan Democracy and Pluralism: A Reunion (Social Philosophy Today, vol. 25, forthcoming) on SSRN. Here is the abstract:What Talisse refers to as his pluralist objection states that Deweyan democracy, or John Dewey's...

Ten Legal Theory Books from 2008

Posted on January 01, 2009
Here are ten of the weekly Legal Theory Bookworm selections that I found particularly stimulating or useful: Rescuing Justice and Equality by G.A. Cohen Exporting American Dreams: Thurgood Marshall's African Journey by Mary L. Dudziak Judgment Calls: Principle and Politics...

Downloads of the Year

Posted on January 01, 2009
Here are ten of my personal favorites from 2008: Framework Originalism and the Living Constitution by Jack Balkin. Originalism is Bunk by Mitch Berman. The Empty Idea of Authority by Laurie Claus. Slices and Lumps by Lee Anne Fennell A...

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