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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

Gardner on the Claims of Law

Posted on November 12, 2008
John Gardner (University of Oxford - Faculty of Law) has posted How Law Claims, What Law Claims on SSRN. Here is the abstract: In this paper, written for a volume on the work of Robert Alexy, I discuss the idea...

Moeckli on "Terrorism" in International Law

Posted on November 12, 2008
Daniel Moeckli (University of Nottingham) has posted The Emergence of 'Terrorism' as a Distinct Category of International Law (Texas International Law Journal, Forthcoming) on SSRN. Here is the abstract: A considerable body of international norms, institutions and procedures specifically designed...

Richardson on Failed States

Posted on November 12, 2008
Henry J. Richardson III (Temple University - James E. Beasley School of Law) has posted 'Failed States,' Self-Determination, and Preventive Diplomacy: Colonialist Nostalgia and Democratic Expectations (Temple International & Comparative Law Journal, Vol...

Forbath on Minister of Health v. Treatment Action Campaign

Posted on November 11, 2008
William E. Forbath (University of Texas at Austin - School of Law) has posted Realizing a Constitutional Social Right - Cultural Transformation, Deep Institutional Reform, and the Roles of Advocacy and Adjudication on SSRN. Here is the abstract: he South...

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Baker on Stuntz on Unequal Justice

Posted on November 11, 2008
Dennis J Baker (School of Law, King's College London and King's College London - School of Law) Equalizing Unequal Justice : Responding to William J. Stuntz, Unequal Justice, 121 Harv. L. Rev. 1669 (2008) on SSRN. Here is the abstract:...

Issacharoff & Miller on Aggregate Litigation in Europe

Posted on November 11, 2008
Samuel Issacharoff and Geoffrey P. Miller (New York University School of Law and New York University - School of Law) have posted Will Aggregate Litigation Come to Europe? on SSRN. Here is the abstract: This paper considers Europe's experiment with...

Bennett on Originalism

Posted on November 11, 2008
Robert Bennett (Northwestern University Law School) has posted Originalism: Lessons from Things that Go Without Saying (San Diego Law Review, Vol. 45, 2008) on SSRN. Here is the abstract: After setting the originalism "stage" and discussion of some of its...

Carlson on Greenhouse Gas Emissions Caps

Posted on November 11, 2008
Ann E. Carlson (University of California, Los Angeles - School of Law) has posted Implementing Greenhouse Gas Emisisons Caps: A Case Study of the Los Angeles Department of Water and Power (UCLA Law Review, Vol. 55, p. 1479, 2008) on...

Asimow & Weisberg on Lawyers Who Know Their Clients Are Guilty

Posted on November 11, 2008
Michael Asimow and Richard Weisberg (University of California, Los Angeles - School of Law and Yeshiva University - Benjamin N. Cardozo School of Law) have posted When the Lawyer Knows the Client is Guilty: Client Confessions in Legal Ethics, Popular...

Cameron & Kornhauser on Modeling Collegial Courts

Posted on November 10, 2008
Charles M. Cameron and Lewis A. Kornhauser (Princeton University - Woodrow Wilson School of Public and International Affairs and Department of Politics and New York University - School of Law) have posted Modeling Collegial Courts (3): Judicial Objectives, Opinion Content,...

Horwitz on Greenawalt on Law & Religion

Posted on November 10, 2008
Paul Horwitz (University of Alabama School of Law) has posted The Philosopher's Brief (Constitutional Commentary, Forthcoming) on SSRN. Here is the abstract: This is a short commentary on Kent Greenawalt's recent major contribution to law and religion, the two-volume work...

Waller on Justice Stevens & the Rule of Reason

Posted on November 10, 2008
Spencer Weber Waller (Loyola University of Chicago - School of Law) has posted Justice Stevens and the Rule of Reason on SSRN. Here is the abstract: Over the past thirty plus years Justice Stevens has played a special role in...

Dane on Same Sex Marriage

Posted on November 10, 2008
Perry Dane (Rutgers School of Law - Camden) has posted A Holy Secular Institution (Emory Law Journal, Forthcoming) on SSRN. Here is the abstract: Religious arguments have figured on both sides of the debate over same-sex marriage. Some supporters have...

Tanguay-Renaud on Emergencies & Criminal Law

Posted on November 10, 2008
Fran�ois Tanguay-Renaud (Osgoode Hall Law School) has posted Individual Emergencies and the Rule of Criminal Law on SSRN. Here is the abstract: This is the penultimate draft of a paper initially presented in the Oxford Jurisprudence Discussion Group and currently...

Hauser on Predatory Lending

Posted on November 10, 2008
Susan E. Hauser (North Carolina Central University School of Law) has posted Predatory Lending, Passive Judicial Activism, and the Duty to Decide (North Carolina Law Review, Vol. 86, p. 1501, 2008) on SSRN. Here is the abstract: Since 1999, the...

Legal Theory Lexicon: Distributive Justice

Posted on November 09, 2008
Introduction Distributive justice is one of the central topics of political philosophy and plays a key role in contemporary debates about normative legal theory. Should contract law take distributive consequences into account? Should tort law aim at "risk spreading"? Should...

Legal Theory Bookworm

Posted on November 08, 2008
The Legal Theory Bookworm recommends What Blood Won't Tell: A History of Race on Trial in America by Ariela J. Gross. Here is a description: Through a close reading of racial identity trials in America, this book offers an eloquent...

Download of the Week

Posted on November 08, 2008
The Download of the Week is More Supply, More Demand: The Changing Nature of Campaign Financing for Presidential Primary Candidates byRichard L. Hasen. Here is the abstract: Financing a presidential party nomination campaign has been a complicated affair for some...

Galbiati & Vertova on How Laws Effect Behavior

Posted on November 07, 2008
Roberto Galbiati and Pietro Vertova (University of Bocconi - Centre for Research on the Public Sector (ECONPUBBLICA) , CNRS (umr EconomiX) Paris and University of Bocconi) have posted How Laws Affect Behaviour on SSRN. Here is the abstract: Laws and....

Beutz on Human Rights & Access to Knowledge

Posted on November 07, 2008
Molly K. Beutz (New York Law School) has posted Protecting Rights Online (Yale Journal of International Law, Forthcoming) on SSRN. Here is the abstract: Although the human rights and access to knowledge movements share many of the same goals, their...

White & Heminway on Branson on Geneder & Boards of Directors

Posted on November 07, 2008
Sarah White and Joan MacLeod Heminway (University of Tennessee College of Law and University of Tennessee College of Law) have posted WANTED: Female Corporate Directors (A Review of Professor Douglas M. Branson's No Seat at the Table) (Pace Law Review,...

von Jenner on Common Law & Statutory Interpretation

Posted on November 07, 2008
Mark L Humphery von Jenner (Australian School of Business at UNSW) has posted Should Common Law Doctrines Dynamically Guide the Interpretation of Statutes? on SSRN. Here is the abstract: Common law and statute have a complex relationship. Some literature has...

Polsky on Management Fee Conversions

Posted on November 07, 2008
Gregg D. Polsky (Florida State University - College of Law) has posted Private Equity Management Fee Conversions on SSRN. Here is the abstract:Because of the uproar over "carried interests," it seems that almost everyone knows that the tax law currently...

Bebchuk & Fried on Stealth Compensation

Posted on November 07, 2008
Lucian Arye Bebchuk and Jesse M. Fried (Harvard Law School and University of California, Berkeley - School of Law) have posted Stealth Compensation via Retirement Benefits on SSRN. Here is the abstract: This Article analyzes an important form of stealth...

Call for Papers: Harvard-Standard International Junior Faculty Forum

Posted on November 07, 2008
Harvard Law School and Stanford Law School Second Annual International Junior Faculty Forum Call for Papers The first annual International Junior Faculty Forum was held at Stanford Law School on October 17 and 18th, 2008. Organized by Professors William P...

Tamanaha on Quantitative Studies of Judging

Posted on November 06, 2008
Brian Z. Tamanaha (St. John's University - School of Law) has posted The Distorting Slant of Quantitative Studies of Judging (Boston College Law Review, Vol. 50, 2009) on SSRN. Here is the abstract: One of the hottest areas of legal...

Six Papers on Occupation

Posted on November 06, 2008
Here are six papers from the Israel Law Review on Occupation: Grant T. Harris (Cleary Gottlieb Steen & Hamilton LLP), Human Rights, Israel, and the Political Realities of Occupation (Israel Law Review, Vol. 41, pp. 87-174, 2008): Various political realities...

Hasen on Presidential Primary Campaign Finance

Posted on November 05, 2008
Richard L. Hasen (Loyola Law School Los Angeles) has posted More Supply, More Demand: The Changing Nature of Campaign Financing for Presidential Primary Candidates on SSRN. Here is the abstract: Financing a presidential party nomination campaign has been a complicated...

Ringe on Company Law & the European Court of Justice

Posted on November 05, 2008
Wolf-Georg Ringe (University of Oxford - Faculty of Law) has posted Company Law and Free Movement of Capital: Nothing Escapes the ECJ? on SSRN. Here is the abstract: Company law has long been in conflict with European Union law. Whereas...

Lemley & Pooley on Restrive Employment Covenants

Posted on November 05, 2008
Mark A. Lemley and James H.A. Pooley (Stanford Law School) has posted California Restrictive Employment Covenants after Edwards on SSRN. Here is the abstract: In Edwards v. Arthur Andersen, the California Supreme Court reaffirmed the state's strong policy against noncompetition...

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