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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

Cassel on Human Rights & Security Detention

Posted on October 24, 2008
Doug Cassel (Notre Dame Law School) has posted International Human Rights Law and Security Detention (Case Western Reserve Journal of International Law, Forthcoming) on SSRN. Here is the abstract:This article analyzes the grounds, procedures and conditions required by International Human...

Bobek on New Members of the European Court of Justice

Posted on October 24, 2008
Michal Bobek (European University Institute) has posted Learning to Talk: Preliminary Rulings, the Courts of the New Member States and the Court of Justice (Common Market Law Review, Vol. 45, No. 6, 2008) on SSRN. Here is the abstract:This article...

Singer on Value & Preference

Posted on October 23, 2008
Joseph William Singer (Harvard Law School) has posted Critical Normativity on SSRN. Here is the abstract:Is there any difference between a preference and a value? When we say that some course of conduct is wrong, do we have any basis...

Dickson on Bad Law

Posted on October 23, 2008
Julie Dickson (University of Oxford - Faculty of Law) has posted Is Bad Law Still Law? Is Bad Law Really Law? on SSRN. Here is the abstract:In this article, I discuss various substantive and methodological issues in jurisprudence, prompted by...

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Curry & Mongrain on Gangs

Posted on October 23, 2008
Philip A. Curry and Steeve Mongrain (Simon Fraser University) have posted What is a Gang and Why Does the Law Care? on SSRN. Here is the abstract:The economic theory of optimal punishments states that the expected penalty for a crime...

Dharmapala on Tax Havens

Posted on October 23, 2008
Dhammika Dharmapala (University of Connecticut - Department of Economics) has posted What Problems and Opportunities are Created by Tax Havens? on SSRN. Here is the abstract:Tax havens have attracted increasing attention from policymakers in recent years...

Harcourt on Free Markets & Regulation

Posted on October 23, 2008
Bernard E. Harcourt (University of Chicago - Law School) has posted Neoliberal Penality: The Birth of Natural Order, the Illusion of Free Markets on SSRN. Here is the abstract:This Article represents the culmination of over two-years of historical research, but...

Weber on Disability & Social Insurance

Posted on October 23, 2008
Mark C. Weber (DePaul University College of Law) has posted Disability Rights, Disability Discrimination, and Social Insurance (Georgia State Univeristy Law Review, Vol. 25, 2009) on SSRN. Here is the abstract:This paper asks whether statutory social insurance programs, which provide...

Book Announcement: Corporate Governance by Macey

Posted on October 23, 2008
Corporate Governance Promises Kept, Promises Broken Jonathan R. Macey To read the entire book description or the introduction, please visit: http://press.princeton.edu/titles/8739.html In the wake of the Enron meltdown and other corporate scandals, the United States has increasingly relied on Securities...

Fellowship Announcement: LAPA at Princeton

Posted on October 22, 2008
The Program in Law and Public Affairs (LAPA) at Princeton University invites outstanding faculty, independent scholars, lawyers, and judges to apply for appointments as fellows for the academic year 2009?2010. Each year, through its Fellows program, LAPA brings to Princeton...

Waldron on Ius Gentium

Posted on October 22, 2008
Jeremy Waldron (New York University - School of Law) has posted Ius Gentium: A Defense of Gentili's Equation of the Law of Nations and the Law of Nature on SSRN. Here is the abstract:The relation between the law of nature...

Smith on Originalism & Objectivity

Posted on October 22, 2008
Tara A. Smith (University of Texas at Austin) has posted Why Originalism Won't Die - Common Mistakes in Competing Theories of Judicial Interpretation (Duke Journal of Constitutional Law & Public Policy, Vol. 2, 2007) on SSRN. Here is the abstract:In....

Del Mar on Social Normativity

Posted on October 22, 2008
Maksymilian T. Del Mar (University of Edinburgh) has posted Making Room for the Silence of Social Normativity on SSRN. Here is the abstract:Some accounts of social life give explanatory emphasis to normative requirements themselves. This paper resists such a tendency...

Criddle & Fox-Decent on Jus Cogens

Posted on October 22, 2008
Evan J. Criddle and Evan Fox-Decent (Syracuse University College of Law and McGill University - Faculty of Law) have posted A Fiduciary Theory of Jus Cogens (Yale Journal of International Law, Vol. 34, 2009) on SSRN. Here is the abstract:For...

Sarkin & Fowler on Namibia & Reparations

Posted on October 22, 2008
Jeremy J. Sarkin (Hofstra) and Carly Fowler have posted Reparations for Historical Human Rights Violations: The International and Historical Dimensions of the Alien Torts Claims Act Genocide Case of the Herero of Namibia (Human Rights Review, Vol. 9, 2008) on...

Stafford, Katz, & Provins on Judicial Social Structure

Posted on October 22, 2008
Derek K. Stafford , Daniel Martin Katz and Eric Provins (University of Michigan Department of Political Science , University of Michigan - Department of Political Science) have posted Social Architecture, Judicial Peer Effects and the 'Evolution' of the Law: Toward...

Cohen on the Right Not to be a Genetic Parent

Posted on October 21, 2008
I. Glenn Cohen (Harvard Law School) has posted The Right Not to Be a Genetic Parent? (Southern California Law Review, Vol. 81, p. 1115, 2008) on SSRN. Here is the abstract:Should the law recognize an individual's right not to be...

Murkens on Originalism & Comparative Constitutionalism

Posted on October 21, 2008
Jo Eric Khushal Murkens (London School of Economics - Law Department) has posted Comparative Constitutional Law in the Courts: Reflections on the Originalists' Objections on SSRN. Here is the abstract:The controversy surrounding the judicial use of comparative constitutional law is...

Bodansky on an International Environmental Constitution

Posted on October 21, 2008
Daniel Bodansky (University of Georgia Law School) has posted Is There an International Environmental Constitution? (Indiana Journal of Global Legal Studies, Forthcoming) on SSRN. Here is the abstract:The surge of interest among international lawyers in "constitutionalism" represents one of several...

Garrett on False Confessions

Posted on October 21, 2008
Brandon L. Garrett (University of Virginia - School of Law) has posted The Substance of False Confessions on SSRN. Here is the abstract:A puzzle is raised by cases of false confessions: How could an innocent person convincingly confess to a...

Gomez on Aggregation of Litigation in Latin America

Posted on October 21, 2008
Manuel A. Gomez (Florida International University - College of Law) has posted Class Actions, Group Litigation and Other Aggregative Procedures in Latin America: A General Overview on SSRN. Here is the abstract: This article offers a synopsis on the current...

Black on Principles Based Regulation

Posted on October 21, 2008
Julia Black (London School of Economics - Law Department) has posted Forms and Paradoxes of Principles Based Regulation on SSRN. Here is the abstract:Principles-based regulation is high on the regulatory agenda in a number of regulatory domains, most particularly financial...

Waldron on "Cruel," "Inhuman," and "Degrading"

Posted on October 20, 2008
Jeremy Waldron (New York University - School of Law) has posted Cruel, Inhuman, and Degrading Treatment: The Words Themselves on SSRN. Here is the abstract:Many human rights charters contain prohibitions on inhuman and degrading treatment of prisoners and detainees...

Bainbridge on Affirmative Action for Shareholders

Posted on October 20, 2008
Stephen M. Bainbridge (University of California, Los Angeles - School of Law) has posted There is No Affirmative Action for Minorities, Shareholder and Otherwise, in Corporate Law on SSRN. Here is the abstract:I review and comment herein on Anupam Chander's...

Murphy on Process Crime Prosecutions

Posted on October 20, 2008
Erin Murphy (University of California, Berkeley, School of Law (Boalt Hall)) has posted The Crime Factory: Process, Pretext, and Criminal Justice (Georgetown Law Journal, Forthcoming) on SSRN. Here is the abstract: What do Bill Clinton, Roger Clemens, Martha Stewart and...

Ball on Apprendi & Blakely

Posted on October 20, 2008
W. David Ball (Stanford University - Stanford Criminal Justice Center) has posted Heinous, Atrocious, and Cruel: Apprendi, Indeterminate Sentencing, and the Meaning of Punishment (Columbia Law Review, Forthcomin) on SSRN. Here is the abstract:Apprendi v...

Reilly on Lying in Negotiation

Posted on October 20, 2008
Peter R. Reilly (William S. Boyd School of Law, UNLV) has posted Was Machiavelli Right? Lying in Negotiation and the Art of Defensive Self-Help (Ohio State Journal on Dispute Resolution, Vol. 24, No. 3, 200) on SSRN. Here is the...

Goodman on Race & Rule 404(b) Evidence

Posted on October 20, 2008
Christine Chambers Goodman (Pepperdine University - School of Law) has posted The Color of Our Character: Confronting the Racial Character of Rule 404(b) Evidence (Law & Inequality, Vol. 25, No. 1, 2007) on SSRN. Here is the abstract:Goodman examines racial...

Legal Theory Lexicon: Legitimacy

Posted on October 19, 2008
Introduction Legitimacy. It?s a word much bandied about by students of the law. ?Bush v. Gore was an illegitimate decision.? ?The Supreme Court?s implied fundamental rights jurisprudence lacks legitimacy.? ?The invasion of Iraq does not have a legitimate basis in...

Legal Theory Bookworm

Posted on October 18, 2008
The Legal Theory Bookworm recommends Rescuing Justice and Equality by G.A. Cohen. Here is a description:In this stimulating work of political philosophy, acclaimed philosopher G. A. Cohen sets out to rescue the egalitarian thesis that in a society in which...

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