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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

Del Mar on Social Normativity

Posted on December 31, 2008
Maksymilian T. Del Mar (University of Edinburgh) has posted Social Normativity for Legal Philosophers on SSRN. Here is the abstract: Understanding the nature of social normativity is important for contemporary analytical legal philosophy. For one, such an account may help...

Epps on Interpreting the 14th Amendment

Posted on December 31, 2008
Garrett Epps (University of Baltimore School of Law) has posted Interpreting the Fourteenth Amendment: Two Don'ts and Three Dos (William & Mary Bill of Rights, Vol. 16, No. 2, 2007) on SSRN. Here is the abstract: A sophisticated reading of...

Bättig & Bernauer on Democracy & Climate Change Policy

Posted on December 31, 2008
Michèle B. Bättig and Thomas Bernauer (ETH Zurich) have posted National Institutions and Global Public Goods Are Democracies More Cooperative in Climate Change Policy? (International Organization, Vol. 63, No. 2, 2009) on SSRN. Here is the abstract: This paper examines...

Barbabella, Cohen, Kardon, and Molk on Insider Trading in Congress

Posted on December 31, 2008
Matthew James Barbabella , Daniel J. Cohen , Alex Kardon and Peter Molk have posted Insider Trading in Congress: The Need for Regulation on SSRN. Here is the abstract: Is regulation of Congressional insider trading desirable? We intend to use...

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Shaffer & Ganin on the Purposes of WTO Remedies

Posted on December 31, 2008
Gregory Shaffer and Dan Ganin (University of Minnesota - Twin Cities - School of Law) have posted WTO Remedies: Extrapolating Purpose from Practice (THE LAW, ECONOMICS, AND POLITICS OF TRADE RETALIATION IN WTO DISPUTE SETTLEMENT, Chad P. Bown & Joost...

Cohen-Almagor on Monitoring Websites to Prevent Crime

Posted on December 31, 2008
Raphael Cohen-Almagor (University of Hull) has posted Bloody Wednesday in Dawson College - The Story of Kimveer Gill, or Why Should We Monitor Certain Websites to Prevent Murder (Studies in Ethics, Law and Technology, Vol. 2, No. 3, Article 1,...

Lund & Kopel on Wilkinson on Heller

Posted on December 30, 2008
Nelson Lund and David B. Kopel (George Mason University School of Law and Independence Institute) have posted Unraveling Judicial Restraint: Guns, Abortion, and the Faux Conservatism of J. Harvie Wilkinson, III on SSRN. here is the abstract: Writing in the...

Richards on the Legitimacy of Supreme Courts & Globalization

Posted on December 30, 2008
Sidney Richards (Utrecht) has posted Survey Article: The Legitimacy of Supreme Courts in the Context of Globalisation (Utrecht Law Review, Vol. 4, No. 3, pp. 104-127, December 2008) on SSRN. Here is the abstract: The objective of this article is...

De Burca on Kadl

Posted on December 30, 2008
Grainne De Burca (Fordham University - School of Law) has posted The EU, the European Court of Justice and the International Legal Order after Kadi on SSRN. Here is the abstract: This article examines the response of Europe's courts to...

Elkin-Koren on Private Ordering & the Internet

Posted on December 30, 2008
Niva Elkin-Koren (University of Haifa - Faculty of Law) has posted Governing Access to Users-Generated-Content: The Changing Nature of Private Ordering in Digital Networks (GOVERNANCE, REGULATIONS AND POWERS ON THE INTERNET, E. Brousseau, M. Marzouki & C...

Flood & Whyte on Direct Access to Barristers

Posted on December 30, 2008
John Flood and Avis Whyte (University of Westminster and University of Westminster - School of Law) has posted Straight There No Detours: Direct Access to Barristers on SSRN. Here is the abstract: With the inception of the Legal Services Act...

Krell on Freedom of Speech & Academic Freedom

Posted on December 30, 2008
Reid Krell (University of Alabama - School of Law) has posted The Ivory Tower Under Siege: The First Amendment's Ability to Protect Academic Freedom on SSRN. Here is the abstract: n Garcetti v. Ceballos, the Supreme Court held that public...

Parry on Discretion, Criminal Procedure, and Terrorism

Posted on December 29, 2008
John T. Parry (Lewis & Clark Law School) has posted Rights and Discretion in Criminal Procedure's 'War on Terror' (Ohio State Journal of Criminal Law, Vol. 6, No. 1, 2008) on SSRN. Here is the abstract: The premise of this...

Lee on Trademark Distinctiveness

Posted on December 29, 2008
Thomas R. Lee (Brigham Young University - J. Reuben Clark Law School) has posted Abercrombie Unveiled: A Theoretical and Empirical Analysis of Trademark Distinctiveness on SSRN. Here is the abstract: The word mark taxonomy established in Abercrombie is a longstanding...

Pelser on Inchoate Crimes

Posted on December 29, 2008
Caroline M. Pelser (University of Utrecht - Faculty of Law) has posted Preparations to Commit a Crime: The Dutch Approach to Inchoate Offences (Utrecht Law Review, Vol. 4, No. 3, pp. 57-80, December 2008) on SSRN. Here is the abstract:...

Baye & Wright on Antitrust Complexity & Generalist Judges

Posted on December 29, 2008
Michael R. Baye and Joshua D. Wright (Indiana University Bloomington - Department of Business Economics & Public Policy and George Mason University - School of Law) have posted Is Antitrust Too Complicated for Generalist Judges? The Impact of Economic Complexity...

Bodig on Legal Principles

Posted on December 29, 2008
Matyas Bodig (University of Aberdeen - College of Arts and Social Sciences) has posted Rules, Principles, and the Problem of the Limits of Legal Reasoning on SSRN. Here is the abstract: The analysis picks out one possible use of the...

Mootz on Faithful Hermeneutics

Posted on December 29, 2008
Francis Joseph Mootz III (William S. Boyd School of Law, UNLV) has posted Faithful Hermeneutics (Michigan State Law Review, 2009) on SSRN. Here is the abstract: This article was presented at the Annual Meeting of the Association of American Law...

Legal Theory Lexicon: Pragmatism

Posted on December 28, 2008
Introduction Back in the day (by which I mean the mid-70s through the mid-90s) big normative theories were all the rage in the legal academy. It's hard to be sure, but one suspects that it started with Rawls: when A...

Legal Theory Bookworm

Posted on December 27, 2008
The Legal Theory Bookworm recommends Life and Action: Elementary Structures of Practice and Practical Thought by Michael Thompson. Here is a description: Any sound practical philosophy must be clear on practical concepts?concepts, in particular, of life, action, and practice...

Download of the Week

Posted on December 27, 2008
The Download of the Week is Is OSHA Unconstitutional? by Cass R. Sunstein. Here is the abstract: Under the Occupational Safety and Health Act, the Secretary of Labor is authorized to issue whatever standards are reasonably necessary or appropriate to...

Samaha on Originalism

Posted on December 26, 2008
Adam Samaha (University of Chicago - Law School) has posted Originalism's Expiration Date on SSRN. Here is the abstract: The Constitution of the United States declares itself supreme law, but even the amended document is ancient. By 2008, the predicted...

Pollard-Sacks on "Liberty" in the Due Process Clause

Posted on December 26, 2008
Deana Pollard-Sacks (Texas Southern University - Thurgood Marshall School of Law) has posted Elements of Liberty (Southern Methodist University Law Review, Vol. 61, 2008) on SSRN. Here is the abstract: Liberty analysis under the Due Process Clause of the Fourteenth...

Finkelman on Foreign Law & American Constitutional Interpretation

Posted on December 26, 2008
Paul Finkelman (Albany Law School - Government Law Center) has posted Foreign Law and American Constitutional Interpretation: A Long and Venerable Tradition (NYU Annual Survey of American Law, Vol. 63, 2007-2008) on SSRN. Here is the abstract:This article offers a...

Bressman on Chevron U.S.A. v. N.R.D.C.

Posted on December 26, 2008
Lisa Schultz Bressman (Vanderbilt University - School of Law) has posted Chevron's Mistake (Duke Law Journal, Forthcoming) on SSRN. Here is the abstract: Chevron U.S.A. Inc. v. Natural Resources Defense Council asks courts to determine whether Congress has delegated to...

Pettit on the Basic Liberties

Posted on December 26, 2008
Philip N. Pettit (Princeton University - Department of Politics) has posted The Basic Liberties (THE LEGACY OF H.L.A. HART, Matthew Kramer et al, ed., Oxford University Press, Forthcoming) on SSRN. Here is the abstract: How to characterize the basic liberties...

Gedicks on the Establishment Clause

Posted on December 26, 2008
Frederick Mark Gedicks (Brigham Young University - J. Reuben Clark Law School) has posted Indeterminacy and the Establishment Clause (Constitutional Commentary, 2009) on SSRN. Here is the abstract: Prepared for a symposium on Kent Greenawalt, 2 Religion and the Constitution:...

Happy Holidays!

Posted on December 25, 2008

Tushnet on Teles on the Conservative Legal Movement

Posted on December 24, 2008
Mark Tushnet (Harvard University - Harvard Law School) has posted What Consequences Do Ideas Have? (Texas Law Review, Vol. 87, 2008) on SSRN. Here is the abstract: Steven Teles's book, The Rise of the Conservative Legal Movement, is a case...

Ray on Stevens & Rutledge

Posted on December 24, 2008
Laura Ray (Widener University - School of Law) has posted Clerk and Justice: The Ties that Bind John Paul Stevens and Wiley B. Rutledge (Connecticut Law Review, Vol. 41, No. 1, 2008) on SSRN. Here is the abstract:Justice John Paul...

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