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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

Legal Theory Lexicon: It Takes A Theory To Beat A Theory

Posted on December 07, 2008
Introduction "It takes a theory to beat a theory"--this is surely one of the top ten all-time comments uttered by law professors to one another in those ritual interactions that are called "faculty workshops" or "colloquia." The first instance of...

AALS Panel Announcement: Hot Topic Panel on the Financial Crisis

Posted on December 06, 2008
The Financial Crisis: Hot Topics Panel, AALS Annual Meeting Friday, January 9, 8:30-10:15 am. A discussion of the causes, short-term solutions, and longer-term implications of the current financial crisis. Moderator: Theodore P. Seto (Loyola Law School ? LA) Speaker 1:...

Legal Theory Bookworm

Posted on December 06, 2008
The Legal Theory Bookworm recommends The Oxford Handbook of Law and Politics edited by Keith E. Whittington, R. Daniel Kelemen, Gregory A. Caldeira. Here is a description: The study of law and politics is one of the foundation stones of...

Download of the Week

Posted on December 06, 2008
The Download of the Week is Anonymity and the Law in the United States by A. Michael Froomkin. Here is the abstract: his book chapter for "Lessons from the Identity Trail: Anonymity, Privacy and Identity in a Networked Society" (New...

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Stone on the Origins of Legal Realism

Posted on December 05, 2008
Katherine V.W. Stone (University of California, Los Angeles - School of Law) has posted John R. Commons and the Origins of Legal Realism; or, the Other Tragedy of the Commons (TRANSFORMATIONS IN AMERICAN LEGAL HISTORY, D. Hamilton & A. Brophy,...

Lee on Recidivism

Posted on December 05, 2008
Youngjae Lee (Fordham University School of Law) has posted Recidivism as Omission: A Relational Account (Texas Law Review, Vol. 87, 2009) on SSRN. Here is the abstract:Are repeat offenders more culpable than first-time offenders? In the United States, the most...

Bettinger-Lopez on Domenstic Violence & Human Rights

Posted on December 05, 2008
Caroline Bettinger-Lopez (Columbia Law School) has posted Human Rights at Home: Domestic Violence as a Human Rights Violation (Columbia Human Rights Law Review, Vol. 40, pp. 19-77, 2008) on SSRN. Here is the abstract: In 2005, Jessica Lenahan (formerly Gonzales)...

Hay on Cubism & Wigmore's Chart

Posted on December 05, 2008
Bruce L. Hay (Harvard Law School) has posted Les Demoiselles D'Evanston: On the Aesthetics of the Wigmore Chart (Law, Probability and Risk, 2008) on SSRN. Here is the abstract: Wigmore's 'The Problem of Proof', published in 1913, was a path-breaking....

Jackson on Fee Shifting after Seminole Tribe

Posted on December 05, 2008
T. Haller Jackson IV (Law Clerk, United States Court of Appeals for the Fifth Circuit) has posted Fee Shifting and Sovereign Immunity after Seminole Tribe (Nebraska Law Review, Vol. 88, No. 1, 2009) on SSRN. Here is the abstract:Something of...

Simon-Kerr on "Honor," Gender, and Impeachment of Witnesses

Posted on December 05, 2008
Julia Ann Simon-Kerr (Yale University - Law School) has posted Unchaste and Incredible: The Use of Gendered Conceptions of Honor in Impeachment (Yale Law Journal, Vol. 117, No. 1854, 2008) on SSRN. Here is the abstract: This paper demonstrates that...

Cohen on Distributive Justice & Contract

Posted on December 04, 2008
Nili Cohen (Tel-Aviv University) has posted Distributive Justice in the Enforcement of Contract on SSRN. Here is the abstract: The paper discusses the relationship between a rule and its exception. In our case the rule regarding enforcement as the principal...

Allan on Originalism vs. Living Tree Constitutionalism

Posted on December 04, 2008
James Allan (The University of Queensland - T.C. Beirne School of Law) has posted The Curious Concept of the 'Living Tree' (Or Non-Locked-In) Constitution on SSRN. Here is the abstract: In this working paper the author defends originalism as the...

Fox on the Right to Silence & Mental Control

Posted on December 04, 2008
Dov Fox (Yale Law School) has posted The Right to Silence as Protecting Mental Control: Forensic Neuroscience and 'the Spirit and History of the Fifth Amendment' (Akron Law Review, Vol. 42, No. 2, 2009) on SSRN. Here is the abstract:...

De Meester on International Legal Aspects of Sovereign Wealth Funds

Posted on December 04, 2008
Bart De Meester (Institute for International Law) has posted International Legal Aspects of Sovereign Wealth Funds: Reconciling International Economic Law and the Law of State Immunities with a New Role of the State on SSRN. Here is the abstract: This...

Gl�ckner & Engel on Intuitive Jurors

Posted on December 04, 2008
Andreas Gl�ckner and Christoph Engel (Max Planck Institute for Research on Collective Goods and Max Planck Institute for Research on Collective Goods) have posted Can We Trust Intuitive Jurors? An Experimental Analysis on SSRN. Here is the abstract: Jury members...

Alesina, Ichino, & Karabarbounis on Gender Based Taxation

Posted on December 04, 2008
Alberto F. Alesina , Andrea Ichino and Loukas Karabarbounis (Harvard University - Department of Economics , European University Institute - Economics Department (ECO) and Harvard University - Department of Economics) have posted Gender Based Taxation and the Division Of Family...

Conference Announcement: Christian Legal Thought in San Diego

Posted on December 03, 2008
The Fifth Annual Conference on Christian Legal Thought will take place on Saturday, January 10, 2009, in San Diego, CA, at the Hilton Gaslamp Quarter: http://www1.hilton.com/en_US/hi/hotel/SANGQHF-Hilton-San-Diego-Gaslamp-Quarter-California/index.do Cosponsored by The Lumen Christi Institute and The Law Professors? Christian Fellowship, this year?s...

Hockett on Pareto & Welfare

Posted on December 03, 2008
Robert C. Hockett (Cornell University - School of Law) has posted Pareto Versus Welfare on SSRN. Here is the abstract: Many normatively oriented economists, legal academics and other policy analysts appear to be "welfarist" and Paretian to at least moderate...

Nussim & Tabbach on Unilateral Accidents

Posted on December 03, 2008
Jacob Nussim and Avraham D. Tabbach (Bar-Ilan University - Faculty of Law and Tel Aviv University) have posted A Revised Model of Unilateral Accidents (International Review of Law and Economics, Forthcoming) on SSRN. Here is the abstract: This paper suggests...

Hay on Badious & "21 Grams"

Posted on December 03, 2008
Bruce L. Hay (Harvard Law School) has posted The Earth Turned to Bring Us Closer (Cardozo Law Review, Vol. 29, No. 5, 2008) on SSRN. Here is the abstract: This paper is part of a symposium issue entitled "Law and...

Rumney on Policing Male Rape

Posted on December 03, 2008
Philip Rumney (University of the West of England) has posted Policing Male Rape and Sexual Assault (Journal of Criminal Law, Vol. 72, p. 67-86, 2008) on SSRN. Here is the abstract: This article examines the way in which the police...

Engdahl on Full Faith and Credit

Posted on December 03, 2008
David E. Engdahl (Seattle University School of Law) has posted The Classic Rule of "Full Faith and Credit" (Yale Law Journal, Vol. 118, Forthcoming) on SSRN. Here is the abstract: Debate over the past dozen years regarding Congress' power to...

Rozzi & Peretti on Departures from the Supreme Court

Posted on December 03, 2008
Alan Rozzi and Terri L. Peretti (Santa Clara University - College of Arts and Sciences and Santa Clara University) have posted Modern Departures from the Supreme Court: Party, Pensions, or Power on SSRN. Here is the abstract: If the Supreme...

Froomkin on Anonymity

Posted on December 02, 2008
A. Michael Froomkin (University of Miami - School of Law) has posted Anonymity and the Law in the United States (Lessons from the Identity Trail: Anonymity, Privacy and Identity in a Networked Society (New York: Oxford University Press, 2009)) on...

Vatiero on the Law & Economics of State Power

Posted on December 02, 2008
Massimiliano Vatiero (University of Siena - Department of Economics) has posted A Note Upon Law and Economics of "State Power" on SSRN. Here is the abstract: A tangible treatment of the emergence of State power must rest on a positive...

Dinwoodie on International Intellectual Property

Posted on December 02, 2008
Graeme B. Dinwoodie (Chicago-Kent College of Law) has posted The International Intellectual Property System: Treaties, Norms, National Courts, and Private Ordering (THE INTERNATIONAL INTELLECTUAL PROPERTY SYSTEM: TREATIES, NORMS, NATIONAL COURTS, AND PRICATE ORDERING, in Intellectual Property, Trade and Development: Strategies...

Long on Climate Change Litigation & International Consensus

Posted on December 02, 2008
Andrew Long (Florida Coastal School of Law) has posted International Consensus & U.S. Climate Change Litigation (33 William & Mary Environmental Law and Policy Review 177 (forthcoming 2008/09)) on SSRN. Here is the abstract: In this Article, I argue that...

Bone on Procedure Theory & Rulemaking

Posted on December 02, 2008
Robert G. Bone (Boston University School of Law) has posted Making Effective Rules: The Need for Procedure Theory (Oklahoma Law Review, Vol. 61, p. 319, 2008) on SSRN. Here is the abstract: This essay is the published and somewhat expanded...

Kar on Contractualism and Contract Law

Posted on December 02, 2008
Robin Bradley Kar (Loyola Law School Los Angeles) has posted Contractualism About Contract Law v.2 on SSRN. Here is the abstract: Modern contract theory is in a quandary. Whereas consequentialist theorists typically point to principles of efficiency-maximization to account for...

Conference Announcement: Political Theory at Princeton

Posted on December 02, 2008
Graduate Conference in Political Theory Princeton University April 17-18, 2009 The Committee for the Graduate Conference in Political Theory at Princeton University welcomes papers concerning any period, methodological approach, or topic in political theory, political philosophy, or the history of...

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