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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

Download of the Week

Posted on October 18, 2008
The Download of the Week is The Force of Majority Rule by Adrian Vermeule. Here is the abstract:This essay attempts to recover a line of argument, developed by James Fitzjames Stephen and Justice Holmes, that describes majority rule as an...

Pfander on Judicial Compensation & Judicial Power in the Early Republic

Posted on October 17, 2008
James E. Pfander (Northwestern University School of Law) has posted Judicial Compensation and the Definition of Judicial Power in the Early Republic (Michigan Law Review, Vol. 107, 2008) on SSRN. Here is the abstract:Article III's provision for the compensation of...

Glazer on Lawyering the War on Terror

Posted on October 17, 2008
David W. Glazier (Loyola Law School Los Angeles) has posted If I Could Turn Back Time: Re-Lawyering the 'War on Terror' on SSRN. Here is the abstract:Although the so-called "War on Terror" has entered its seventh year, key legal issues...

Berk & Hughson on "The Price Is Right"

Posted on October 17, 2008
Jonathan Berk and Eric N. Hughson (University of California, Berkeley - Finance Group and University of Colorado - Leeds School of Business) have posted Can Boundedly Rational Agents Make Optimal Decisions? A Natural Experiment on SSRN. Here is the abstract:The...

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Borchers on Party Autonomy & Choice of Law & Forum Clauses

Posted on October 17, 2008
Patrick Joseph Borchers (Creighton University School of Law) has posted Categorical Exemptions in Party Autonomy in Private International Law on SSRN. Here is the abstact:While history records resistance, choice-of-law and choice-of-forum clauses enjoy widespread enforcement in the United States and...

Horton on Unconscionability and Trusts

Posted on October 17, 2008
David Horton (Boalt Hall School of Law) has posted Unconscionability in the Law of Trusts (Notre Dame Law Review, Vol. 84, 2009) on SSRN. Here is the abstract: This Article claims that trust law should recognize the unconscionability defense. It...

Aolain on Gender Security and Transitional Justice

Posted on October 17, 2008
Fionnuala D. Ni Aolain (University of Minnesota Law School) has posted Women, Security and the Patriarchy of Internationalized Transitional Justice on SSRN. Here is the abstract:In the contemporary global context, transition from conflict to peace and from authoritarian to democratic...

Dickson on Legal Systems in the EU

Posted on October 16, 2008
Julie Dickson (University of Oxford - Faculty of Law) has posted How Many Legal Systems? Some Puzzles Regarding the Identity Conditions of, and Relations between, Legal Systems in the European Union on SSRN. Here is the abstract:In this article I...

Farnsworth on Dissents

Posted on October 16, 2008
Ward Farnsworth (Boston University School of Law) has posted Dissents Against Type (Minnesota Law Review, Forthcoming) on SSRN. Here is the abstract:Legal realists and various others believe that judges in close case - and thus Supreme Court justices in most...

Dolgin on Biological Evaluation & the Family

Posted on October 16, 2008
Janet L. Dolgin (Hofstra University - School of Law) has posted Biological Evaluations: Blood, Genes, and Family (Akron Law Review, Vol. 41, p. 347, 2008) on SSRN. Here is the abstract:This article addresses a striking contrast at the center of...

Ronen on Settlers Implanted by Illegal Regimes

Posted on October 16, 2008
Yael Ronen (Minerva Center, Faculty of Law, Hebrew University of Jerusalem) has posted Status of Settlers Implanted by Illegal Regimes Under International Law on SSRN. Here is the abstract:This article concerns settlers introduced into a territory under a territorial regime...

Ruhl, Salzman, & Goodman on the Ecosystems Services Mandate

Posted on October 16, 2008
J.B. Ruhl , James Salzman and Iris Goodman (Florida State University College of Law , Duke University - School of Law) have posted Implementing the New Ecosystem Services Mandate of the Section 404 Compensatory Mitigation Program: A Catalyst for Advancing...

Elliott on Environmental Policy & Political Logjams

Posted on October 16, 2008
E. Donald Elliott (Yale Law School) has posted Portage Strategies for Adapting Environmental Law and Policy During a Logjam Era (NYU Environmental Law Journal, Forthcoming) on SSRN. Here is the abstract:Describes strategies for updating environmental law and policy in a...

Call for Papers: Joint Session at East Anglia

Posted on October 16, 2008
2009 JOINT SESSION OF THE ARISTOTELIAN SOCIETY AND THE MIND ASSOCIATION UNIVERSITY OF EAST ANGLIA, 10TH ?12TH JULY The Joint Session is the annual conference of The Aristotelian Society held in conjunction with The Mind Association. It is the largest...

Munzer on Embryoniic Stem Cell Research

Posted on October 15, 2008
Stephen R. Munzer (University of California, Los Angeles - School of Law) has posted Human-Nonhuman Chimeras in Embryonic Stem Cell Research (Harvard Journal of Law and Technology, Vol. 21, No. 1, 2007) on SSRN. Here is the abstract:Research on human...

Pildes on the Constitutionality of SOX

Posted on October 15, 2008
Richard H. Pildes (New York University School of Law) has posted Separation of Powers, Independent Agencies, and Financial Regulation: The Sarbanes-Oxley Act (NYU Journal of Law and Business) on SSRN. Here is the abstract:In the aftermath of the last financial...

Singer on the Estate System & Property Right Bundles

Posted on October 15, 2008
Joseph William Singer (Harvard Law School) has posted Democratic Estates: Property Law in a Free and Democratic Society (Cornell Law Review, 2009) on SSRN. Here is the abstract:How should we think about property and property law both descriptively and normatively?...

Ruhl on the Endangered Species Act

Posted on October 15, 2008
J.B. Ruhl (Florida State University College of Law) has posted Keeping the Endangered Species Act Relevant (Duke Environmental Law & Policy Forum, Forthcoming) on SSRN. Here is the abstract:The Endangered Species Act (ESA) has long been the workhorse of species...

Bassett & Perschbacher on the Federal Rules of Civil Procedure

Posted on October 15, 2008
Debra Lyn Bassett and Rex Perschbacher (University of Alabama School of Law and University of California, Davis - School of Law) have posted The Revolution of 1938 and its Discontents (Oklahoma Law Review, Vol. 61) on SSRN. Here is the...

Gomulkiewicz on GPL 3.0

Posted on October 15, 2008
Robert W. Gomulkiewicz (University of Washington School of Law) has posted A First Look at General Public License 3.0 (Computer and Internet Lawyer, Vol. 24, p. 15, 200) on SSRN. Here is the abstract: Richard Stallman created the initial version...

Burch on Nonclass Aggregation & Procedural Justice

Posted on October 14, 2008
Elizabeth Chamblee Burch (Florida State University - College of Law) has posted Procedural Justice in Nonclass Aggregation (Wake Forest Law Review, Forthcoming) on SSRN. Here is the abstract:Nonclass aggregate litigation is risky for plaintiffs: it falls into the gray area...

Morriss on Politics & Property in Natural Resources

Posted on October 14, 2008
Andrew P. Morriss (University of Illinois College of Law) has posted Politics & Property in Natural Resources on SSRN. Here is the abstract:Modern discussions of natural resources focus on increasing public control over extractive industries proposing measures that range from...

Cooter & Porat on Second Order Precaution

Posted on October 14, 2008
Robert D. Cooter and Ariel Porat (University of California, Berkeley - School of Law and Tel Aviv University) have posted Liability for Lapses: First or Second Order Negligence? on SSRN. Here is the abstract:

Chemerinsky on the Roberts Court

Posted on October 14, 2008
Erwin Chemerinsky (University of California, Irvine Law School) has posted The Roberts Court at Age Three (Wayne Law Review, Forthcoming) on SSRN. Here is the abstract:On June 26, 2008, the Supreme Court completed the third term of the John Roberts...

Barrnon on Copyright & the Lifeword

Posted on October 14, 2008
Anne Barron (London School of Economics & Political Science (LSE) - Department of Law ) has posted Copyright Infringement, 'Free-Riding' and the Lifeworld on SSRN. Here is the abstract:The dominant explanatory/justificatory framework informing scholarly commentary on copyright law, policy and...

Brady on Banning the Internet in College Classrooms

Posted on October 14, 2008
Kevin L. Brady (Brigham Young University Idaho) has posted The Shove Without a Nudge: Banning the Internet in College Classrooms on SSRN. Here is the abstract:As laptops, and even cell phones, become increasingly powerful and ubiquitous, in-class Internet usage will...

Conference Announcement: Constitutionalism & Secularism at Cardozo

Posted on October 14, 2008
On October 26 & 27, Cardozo is hosting an international conference entitled "Constitutionalism and Secularism in an Age of Religious Revival: The Challenge of Global and Local Fundamentalisms." The participants include a very impressive set of scholars from around the...

New Version of Semantic Originalism

Posted on October 14, 2008
A new version of Semantic Originalism is available on SSRN. If you have downloaded this paper recently (since about mid-September), you probably downloaded a very old version of the paper. The version that is now available on SSRN is substantially...

Vermeule on the Necessity of Majority Rule

Posted on October 13, 2008
Adrian Vermeule (Harvard University - Harvard Law School) has posted The Force of Majority Rule on SSRN. Here is the abstract:This essay attempts to recover a line of argument, developed by James Fitzjames Stephen and Justice Holmes, that describes majority...

Waldron on Democratic Jurisprudence

Posted on October 13, 2008
Jeremy Waldron (New York University - School of Law) has posted Can There Be a Democratic Jurisprudence? on SSRN. Here is the abstract:General jurisprudence purports to consider law in general. But to break out of the arid abstractions of analytic...

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