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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

Ramsey on Detention of Material Witnesses

Posted on September 12, 2008
Carolyn B. Ramsey (University of Colorado Law School) has posted In the Sweat Box: A Historical Perspective on the Detention of Material Witnesses (Ohio State Journal of Criminal Law, Vol. 6, No. 2, 2009) on SSRN. Here is the abstract:After...

Wilkinson on Heller & Roe

Posted on September 12, 2008
J. Harvie Wilkinson III (United States Court of Appeals for the Fourth Circuit) has posted Of Guns, Abortions, and the Unraveling Rule of Law (Virginia Law Review, forthcoming) on SSRN. Here is the abstract:And from the text:While Heller can be...

Hernandez-Crespo on Dispute Resolution in Latin America

Posted on September 11, 2008
Mariana D. Hernandez-Crespo (University of St. Thomas - School of Law (Minnesota)) has posted Using Consensus Building to Enhance the Shadow of the Law and Maximize Dispute Resolution Systems in Latin America (Cardozo Journal of Conflict Resolution, Forthcoming) on SSRN...

Peerenboom on the Transition to Markets in China

Posted on September 11, 2008
Randall Peerenboom (University of California, Los Angeles - School of Law) has posted Resistance, Revision and Retrenchment in the Transition to a Competitive Market Economy in China on SSRN. Here is the abstract:China has generally benefited from globalization, particularly in...

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Entry Level Hiring Information at Prawfs

Posted on September 11, 2008
Dan Markel has opened a comments thread for reporting hiring information at Prawfs. Having chaired appointments committees at multiple institutions, I have sympathy for those who prefer this information not be public, but ultimately, I agree with my colleague Christine...

Dent on Business Lawyers as Enterprise Architects

Posted on September 11, 2008
George W. Dent Jr. (Case Western Reserve Law School) has posted Business Lawyers as Enterprise Architects on SSRN. Here is the abstract:In 1984 Ronald Gilson published Value Creation by Business Lawyers: Legal Skills and Asset Pricing. It began: "What do...

Ku on International Law & Strategic Parnterships

Posted on September 11, 2008
Charlotte Ku (University of Illinois) has posted Strengthening International Law's Capacity to Govern through Multilayered Strategic Partnerships (South African Yearbook of International Law, Vol. 33, pp. 107-123, 2007) on SSRN. Here is the abstract:This article examines the multiple layers at...

Thio on Political Speech in Singapore

Posted on September 11, 2008
Li-Ann Thio (National University of Singapore - Faculty of Law) has posted The Virtual and the Real: Article 14, Political Speech and the Calibrated Management of Deliberative Democracy in Singapore (Singapore Journal of Legal Studies, Vol. July, No. Issue 1,...

Brummer on Corporate Law Preemption

Posted on September 11, 2008
Chris Brummer (Vanderbilt University - School of Law) has posted Corporate Law Preemption in an Age of Global Capital Markets (Southern California Law Review, Vol. 81, 2008) on SSRN. Here is the abstract:At the heart of the extensive literature on...

Madison on the University as Commons

Posted on September 10, 2008
Michael J. Madison (University of Pittsburgh - School of Law) has posted The University as Constructed Cultural Commons (Washington University Journal of Law and Policy, 2008) on SSRN. Here is the abstract:This paper examines commons as socially constructed environments built...

Yoo on Network Neutrality & Innovation

Posted on September 10, 2008
Christopher S. Yoo (University of Pennsylvania Law School) has posted Network Neutrality, Consumers, and Innovation (University of Chicago Legal Forum, Forthcoming) on SSRN. Here is the abstract:In this Article, Professor Christopher Yoo directly engages claims that mandating network neutrality is...

Kahn on European Headscarf Laws

Posted on September 10, 2008
Robert A. Kahn (University of St. Thomas School of Law (Minnesota)) has posted Are Muslims the New Catholics? Europe's Headscarf Laws in Comparative Historical Perspective on SSRN. Here is the abstract:European opponents of the headscarf often view themselves as engaged...

Driesen on Instrumental Choice & Climage Policy

Posted on September 10, 2008
David M. Driesen (Syracuse University - College of Law) has posted Neoliberal Instrument Choice (ECONOMIC THOUGHT AND U.S. CLIMATE CHANGE POLICY, David Driesen, ed., MIT Press, 2009) on SSRN. Here is the abstract:This book chapter reviews the influence on economic...

Birdthistle & Henderson on Private Equity

Posted on September 10, 2008
William A. Birdthistle and M. Todd Henderson (Chicago-Kent College of Law and University of Chicago - Law School) have posted One Hat Too Many?: Investment Desegregation in Private Equity on SSRN. Here is the abstract:he nature of private equity investing...

Guiora on Anticipatory Self-Defense

Posted on September 10, 2008
Amos N. Guiora (University of Utah - S.J. Quinney College of Law) has posted Anticipatory Self-Defence and International Law - A Re-Evaluation (Journal of Conflict and Security Law, 2008) on SSRN. Here is the abstract:Traditional state v. state war is...

Klass on Tort Experiments

Posted on September 09, 2008
Alexandra B. Klass (University of Minnesota Law School) has posted Tort Experiments in the Laboratories of Democracy (William & Mary Law Review, Vol. 50, 2009) on SSRN. Here is the abstract:This Article considers the broad range of tort experiments states...

Macklem on Minority Rights in International Law

Posted on September 09, 2008
Patrick Macklem (University of Toronto - Faculty of Law) has posted Minority Rights in International Law on SSRN. Here is the abstract:Why should international human rights law vest members of a minority community - either individually or collectively - with...

Schmitz on Defernce to Form Arbitration Provisions

Posted on September 09, 2008
Amy Schmitz (University of Colorado Law School) has posted Dangers of Deference to Form Arbitration Provisions (Nevada Law Journal, Vol. 9, pp. 37-57, 2007) on SSRN. Here is the abstract:This Article is part of my larger project exploring what I...

Provost on International Legal Norms & Domestic Law

Posted on September 09, 2008
Rene Provost (McGill University - Faculty of Law) has posted Judging in Splendid Isolation (American Journal of Comparative Law, Vol. 56, No. 1, 2008) on SSRN. Here is the abstract:The article, taking the reception of international law in Canadian law...

Paulsen on Lincoln & Judicial Authority

Posted on September 09, 2008
Michael Stokes Paulsen (University of St. Thomas School of Law) has posted Lincoln and Judicial Authority (Notre Dame Law Review, Vol. 83, No. 1227, 2008) on SSRN. Here is the abstract:In this Article, I trace the development of Abraham Lincoln's...

Bodig on Legal Theory & Doctrinal Scholarship

Posted on September 09, 2008
Matyas Bodig (University of Aberdeen - College of Arts and Social Sciences) has posted Legal Theory and Legal Doctrinal Scholarship on SSRN. Here is the abstract:The essay is an attempt to clarify some issues concerning the point of doing conceptual....

Michaels on Law Beyond the State

Posted on September 08, 2008
Ralf Michaels (Duke University - School of Law) has posted The True Lex Mercatoria: Law Beyond the State (Indiana Journal of Global Legal Studies, Vol. 14, No. 2, 2008) on SSRN. Here is the abstract:Is there an anational lex mercatoria,...

Gelbach, Klick, and Wexler on Passive Discrimination

Posted on September 08, 2008
Jonah B. Gelbach, Jonathan Klick and Lesley Wexler (University of Maryland - Department of Economics , Florida State University College of Law and Florida State University - College of Law) have posted Passive Discrimination: When Does it Make Sense to...

Organ on Subsidiarity & Environmental Regulation

Posted on September 08, 2008
Jerome N. Organ (University of St. Thomas - School of Law (Minnesota)) has posted Subsidiarity and Solidarity: Lenses for Assessing the Appropriate Locus for Environmental Regulation and Enforcement (University of St. Thomas Law Journal, Vol. 5, No. 262, 2008) on...

Gardbaum on Human Rights as International Constitutional Rights

Posted on September 08, 2008
Stephen Gardbaum (University of California, Los Angeles - School of Law) has posted Human Rights as International Constitutional Rights (European Journal of International Law, Vol. 19, No. 4, 2008) on SSRN. Here is the abstract:The Universal Declaration was, of course,...

Markel on Retributivism

Posted on September 08, 2008
Dan Markel (Florida State University College of Law) has posted Executing Retributivism on SSRN. Here is the abstract:In Panetti v. Quarterman, a Supreme Court case from last year about the standard of mental competence required for execution, the Court demanded...

Legal Theory Lexicon: Functional Explanation in Legal Theory

Posted on September 07, 2008
Introduction In a prior installment of the Legal Theory Lexicon, we explored the difference between Positive and Normative Legal Theories. Positive legal theory attempts to explain and predict legal behavior, especially the content of legal rules. Normative legal theory makes...

Legal Theory Bookworm

Posted on September 06, 2008
The Legal Theory Bookworm recommends The Gridlock Economy: How Too Much Ownership Wrecks Markets, Stops Innovation, and Costs Lives by Michael Heller. Here is a description:25 new runways would eliminate most air travel delays in America. Why can?t we build...

Download of the Week

Posted on September 06, 2008
The Download of the Week is Irreversibility by Cass R. Sunstein. Here is the abstract:The concept of "irreversibility" plays a large role in many domains, including public health, medical practice, and environmental protection. Indeed, the concept is explicit in some...

"Natural Born Citizen" and McCain: Two Papers and a Comment

Posted on September 05, 2008
Is John McCain eligible to serve as President of the United States? Here are two new papers on the McCain's eligibility under natural born citizen clause:Stephen E. Sachs, John McCain's Citizenship: A Tentative Defense: Sen. John McCain was born a...

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