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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

Casebeer on the Constitutional Economcy of Liberty & Race

Posted on November 24, 2008
Kenneth M. Casebeer (University of Miami - School of Law) has posted Memory Lost: Brown v. Board and the Constitutional Economy of Liberty and Race on SSRN. Here is the abstract: This article shows how race impacts the concept of...

Swedloff on Bronsteen, Buccafusco, & Masur on Happiness & Settlement

Posted on November 24, 2008
Rick Swedloff (Rutgers School of Law - Camden) has posted Accounting for Happiness in Civil Settlements (Columbia Law Review Sidenote, Vol. 108, pp. 39-49) on SSRN. Here is the abstract: In Hedonic Adaptation and the Settlement of Civil Lawsuits, John...

Roe on Juries & Legal Origin

Posted on November 24, 2008
Mark J. Roe (Harvard Law School) has posted Juries and the Political Economy of Legal Origin on SSRN. Here is the abstract: Legal origin has been brought forward as a key influence on modern finance, because common law institutions protect...

Sarkin on the Emergence of International Human Rights Law

Posted on November 24, 2008
Jeremy J. Sarkin (Hofstra University School of Law) has posted The Historical Origins, Convergence and Interrelationship of International Human Rights Law, International Humanitarian Law, International Criminal Law and Public International Law and Their Application from at Least the Nineteenth Century...

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Anderson on Human Rights in El Salvador

Posted on November 24, 2008
Kenneth Anderson (Washington College of Law, American University) has posted Action Specific Human Rights Legislation for El Salvador (Harvard Journal on Legislation, Vol. 22, No. 1, 1985) on SSRN. Here is the abstract: This law journal note dating from the...

Legal Theory Lexicon: Vagueness and Ambiguity

Posted on November 23, 2008
Introduction This week the Legal Theory Lexicon entry focuses on "ambiguity" and "vagueness"--two important concepts for the theory of interpretation. Some legal texts are ambiguous--they can have two or more distinct meanings. And some legal texts are vague--they use concepts...

Legal Theory Bookworm

Posted on November 22, 2008
The Legal Theory Bookworm recommends Judgment Calls: Principle and Politics in Constitutional Law by Daniel A. Farber & Suzanna Sherry. Here is a description: Judgement Calls tackles one of the most important and controversial legal questions in contemporary America: How...

Download of the Week

Posted on November 22, 2008
The Download of the Week is Mistake of Fact or Mistake of Criminal Law? Explaining and Defending the Distinction by Kenneth W. Simons. Here is the abstract: This article makes six points. First, under any plausible normative perspective, the distinction...

Reed on Online Personalities

Posted on November 21, 2008
Chris Reed (University of London - Queen Mary) has posted Why Must You Be Mean to Me? - Crime, Punishment and Online Personality on SSRN. Here is the abstract: The development of online social spaces such as YouTube, MySpace and...

Skinner on Jurisdiction & Sosa v. Alvarez-Machain

Posted on November 21, 2008
Gwynne Skinner (Willamette University - College of Law) has posted Federal Jurisdiction Over U.S. Citizens' Claims for Violations of the Law of Nations in Light of Sosa (Georgia Journal of International and Comparative Law, Vol. 37, 2008) on SSRN. Here...

Carbonara, Luppi, & Parisi on Territorial Scope

Posted on November 21, 2008
Emanuela Carbonara , Barbara Luppi and Francesco Parisi (University of Bologna - Department of Economics , Universit� degli studi di Modena e Reggio Emilia - Dipartimento di Economia Politica and University of Minnesota - Law School) have posted Optimal Territorial...

Johnson on Domestic Violence Law

Posted on November 21, 2008
Margaret Ellen Johnson (University of Baltimore - School of Law) has posted Redefining Harm, Reimagining Remedies and Reclaiming Domestic Violence Law (UC Davis Law Review, Forthcoming) on SSRN. Here is the abstract: Women subjected to domestic violence are disserved by...

Bandes on Emotion & the Death Penalty

Posted on November 21, 2008
Susan A. Bandes (DePaul University - College of Law) has posted Repellent Crimes and Rational Deliberation: Emotion and the Death Penalty Vermont Law Review, Vol. 33, No. 3, 2009 It is often assumed that the anger, outrage and other strong...

Aroney on Free Speech in Australia

Posted on November 21, 2008
Nicholas Aroney (University of Queensland - TC Beirne School of Law) has posted A Seductive Plausibility: Freedom of Speech in the Constitution (University of Queensland Law Journal , Vol. 12, No. 2, pp. 249-274, 1995) on SSRN. Here is the...

Perry on Constitutional Rights & Moral Controversy

Posted on November 20, 2008
Michael J. Perry (Emory University School of Law) has posted Constitutional Rights, Moral Controversy, and the Supreme Court on SSRN. Here is the abstract: In my new book--Constitutional Rights, Moral Controversy, and the Supreme Court (Cambridge Univ...

Lipshaw on Gilson on Lawyer Value Creation

Posted on November 20, 2008
Jeffrey M. Lipshaw (Suffolk University Law School) has posted Beetles, Frogs, and Lawyers: The Scientific Demarcation Problem in the Gilson Theory of Value Creation on SSRN. Here is the abstract: Recently, Ronald Gilson described a transactional lawyer turned law professor...

Schwarcz on Securitization

Posted on November 20, 2008
Steven L. Schwarcz (Duke University - School of Law) has posted The Future of Securitization on SSRN. Here is the abstract: This essay examines the future viability of securitization in light of its causal involvement in the subprime-mortgage financial crisis...

Symposium on Judicial Accountability

Posted on November 20, 2008
Check out the interesting symposium on judicial accountability in the University of Denver Law Review. Here's the link: http://www.law.du.edu/index.php/denver-university-law-review

Simons on Mistakes in Criminal Law

Posted on November 20, 2008
Kenneth W. Simons (Boston University - School of Law) has posted Mistake of Fact or Mistake of Criminal Law? Explaining and Defending the Distinction (Forthcoming 2009, Volume 3, Criminal Law and Philosophy) on SSRN. Here is the abstract: This article...

Thoms, Ron, & Paris on Transitional Justice

Posted on November 20, 2008
Oskar N.T. Thoms , James Ron and Roland Paris (Centre for International Policy Studies, University of Ottawa , Norman Paterson School of International Affairs and University of Ottawa) has posted Does Transitional Justice Work? Perspectives from Empirical Social Science on...

Peerenboom & Chen on the Rule of Law in Taiwan & China

Posted on November 20, 2008
Randall Peerenboom and Weitseng Chen (La Trobe University - Faculty of Law and Managemen) have posted Development of Rule of Law: A Comparison of Taiwan and China (POLITICAL CHANGE IN CHINA AND THE TAIWAN EXPERIENCE) on SSRN. Here is the...

Baines on Feminists & Secular Citizenship

Posted on November 20, 2008
Beverley Baines (Queen's University - Faculty of Law) has posted Must Feminists Identify as Secular Citizens? Lessons from Ontario (GENDER EQUALITY: DIMENSIONS OF WOMEN'S EQUAL CITIZENSHIP, Linda C. McClain, Joanna L. Grossman, eds., Cambridge University Press, 2009) on SSRN...

Solomon on Tort Theory

Posted on November 19, 2008
Jason M. Solomon (University of Georgia Law School) has posted Equal Accountability Through Tort Law (Northwestern University Law Review, Vol. 103, 2009) on SSRN. Here is the abstract: The traditional conception of tort law as individual justice has been revived...

Paulsen on Interpretive Rules in the Constitution

Posted on November 19, 2008
Michael Stokes Paulsen (University of St. Thomas School of Law) has posted Does the Constitution Prescribe Rules for its Own Interpretation? (Northwestern University Law Review, 2009) on SSRN. Here is the abstract: It is frequently assumed that the Constitution specifies...

Bagenstos on Individuals with Disabilities Education Act Litigation

Posted on November 19, 2008
Samuel R. Bagenstos (Washington University School of Law) has posted Where Have All the Lawsuits Gone? The Shockingly Small Role of the Courts in Implementing the Individuals with Disabilities Education Act on SSRN. Here is the abstract: The Individuals with...

Benjamin & Young on Administrative Federalism

Posted on November 19, 2008
Stuart Minor Benjamin and Ernest Young (Duke University School of Law and University of Texas at Austin - School of Law) have posted Tennis with the Net Down: Administrative Federalism Without Congress (Duke Law Journal, Vol. 57, No. 7, 2008)...

Peerenboom on Regulation in Asia

Posted on November 19, 2008
Randall Peerenboom (La Trobe University - Faculty of Law and Management) has posted Pushing Back on Globalization: An Introduction to Regulation in Asia (John Gillespie and Randall Peerenboom, PUSHING BACK ON GLOBALIZATION: AN INTRODUCTION TO REGULATION IN ASIA, in REGULATION...

Berg on Religious Organizational Freedom

Posted on November 19, 2008
Thomas Berg (University of St. Thomas, St. Paul/Minneapolis, MN - School of Law) has posted Religious Organizational Freedom and Conditions on Government Benefits (Georgetown Journal of Law & Public Policy, 2009) on SSRN. Here is the abstract: More and more...

Call for Papers: Comparative Law at Princeton

Posted on November 19, 2008
CALL FOR PAPERS Fourth Annual Comparative Law Works in Progress Workshop February 6-7, 2009 Held at Princeton University Sponsored by: American Society of Comparative Law University of Michigan Law School University of Illinois College of Law Princeton University, Program for...

Wuerth on Texas v. Medellin

Posted on November 18, 2008
Ingrid B. Wuerth (Vanderbilt University Law School) has posted Medellin: The New, New Formalism? (Lewis & Clark Law Review, Vol. 13, 2008) on SSRN. Here is the abstract: The Supreme Court's 2008 decision in Texas v. Medellin appears to represent...

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