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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

Purdy on Political Possibility & Climate Chage

Posted on August 29, 2008
Jedediah S. Purdy (Duke University - School of Law) has posted Climate Change and the Limits of the Possible on SSRN. Here is the abstract:Climate change looks to be more than just another environmental problem. It threatens to test the...

Graetz on International Tax & Interest Expenses

Posted on August 29, 2008
Michael J. Graetz (Yale Law School) has posted A Multilateral Solution for the Income Tax Treatment of Interest Expenses on SSRN. Here is the abstract:Recent developments - including greater taxpayer sophistication in structuring and locating international financing arrangements, increased government...

Gonzalez on Environmental Justice & Comparative Advantage

Posted on August 29, 2008
Carmen G. Gonzalez (Seattle University School of Law) has posted An Environmental Justice Critique of Comparative Advantage: Lessons from the Mexican Neoliberal Economic Reforms (SOCIAL AND ECONOMIC INEQUALITY: THE ROLE OF LAW, MARKETS, AND SOCIAL STRUCTURES, Emma Coleman Jordan, Charles...

Christians on Transnational Tax Policy & Political Philosophy

Posted on August 29, 2008
Allison Christians (University of Wisconsin Law School) has posted Sovereignty, Taxation, and Social Contract (Minnesota Journal of International Law, Vol. 18) on SSRN. Here is the abstract:National tax policy is one product of the classic Lockean social contract between individuals...

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Chang on Precedent in Investment Treaty Arbitration

Posted on August 29, 2008
Tai-Heng Cheng (New York Law School) has posted Is There a System of Precedent in Investment Treaty Arbitration? on SSRN. Here is a taste (no abstract):In my view, the key issue is not whether there is strict adherence to a...

Alexander on Alexy

Posted on August 28, 2008
Larry Alexander (University of San Diego School of Law) has posted Legal Objectivity and the Illusion of Legal Principles (RIGHTS, LAW AND MORALITY. THEMES FROM THE LEGAL PHILOSOPHY OF ROBERT ALEXY, M. Klatt, ed., Oxford University Press, 2009, San Diego...

Ayres & Foster on Grutter & Gratz

Posted on August 28, 2008
Ian Ayres and Sydney Foster (Yale Law School and Harvard Law School) have posted Don't Tell, Don't Ask: Narrow Tailoring after Grutter and Gratz (Texas Law Review, Vol. 85, No. 3, 2007) on SSRN. Here is the abstract:The Supreme Court's...

Forster, Loughran, and McConald on Company Codes of Ethics

Posted on August 28, 2008
Margaret Forster , Tim Loughran and Bill McDonald (University of Notre Dame , University of Notre Dame and University of Notre Dame) have posted Commonality in Codes of Ethics on SSRN. Here is the abstract:We create a database of company...

Hunter on Health Policy, Risk, and Democracy

Posted on August 28, 2008
Nan D. Hunter (Georgetown University Law Center) has posted Risk Governance and Democracy in Health Care (Geo. L. J., Vol. 97, 2008) on SSRN. Here is the abstract:I argue in this article that the concept of risk-centered governance is the...

Hannon on Donovan v. City of Dallas

Posted on August 28, 2008
Kendall W. Hannon (Notre Dame Law School) has posted Judicial Federalism and the Anti-Suit Injunction: Using the Constitution to Correct the Supreme Court's Error in Donovan v. City of Dallas on SSRN. Here is the abstract:Anti-suit injunctions involve a court...

Adelstein on the Nature of the Firm

Posted on August 27, 2008
Richard Adelstein (Wesleyan University) has posted Firms as Social Actors on SSRN. Here is the abstract:This essay considers firms as collective social actors from three perspectives associated with individualism. Ontologically, it describes firms as constantly changing relational contracts that define...

Maxeiner on Legislative Policies & Judicial Methods

Posted on August 27, 2008
James R. Maxeiner (University of Baltimore School of Law) has posted Policy and Methods: Choices for Legislatures (POLITICS OF LAW AND LEGAL POLICY: BETWEEN MODERN AND POST-MODERN JURISPRUDENCE, Tadeusz Biernat and Marek Zirk-Sadowski, eds., pp. 316-328, Warsaw: Wolters-Kluwer Polska, 2008)...

Bauer on Department Stores & Antitrust

Posted on August 27, 2008
Mark D. Bauer (Stetson University - College of Law) has posted The Softer Side of Antitrust: Why Department Stores Matter on SSRN. Here is the abstract:In 2005, Macy's bought its largest competitor, May Department Stores, for $17 billion. The resulting...

Thomas, O'Hara, and Martin on CEO Bargaining for Arbitration

Posted on August 27, 2008
Randall S. Thomas , Erin A. O'Hara and Kenneth J. Martin (Vanderbilt University - School of Law , Vanderbilt University School of Law and New Mexico State University - Department of Finance & Business Law) have posted When Do CEOs...

Nagareda on Class Certification & Aggregate Proof

Posted on August 26, 2008
Richard A. Nagareda (Vanderbilt University School of Law) has posted Class Certification in the Age of Aggregate Proof (New York University Law Review, Forthcoming) on SSRN. Here is the abstract:Few pre-trial motions in our civil justice system elicit as much...

Carmi on Free Speech

Posted on August 26, 2008
Guy E. Carmi (University of Virginia School of Law) has posted Dignity Versus Liberty: The Two Western Cultures of Free Speech on SSRN. Here is the abstract:This Article offers an original comparative model for assessing freedom of expression among Western...

Katz on Boumediene v. Bush

Posted on August 26, 2008
Martin Katz (University of Denver Sturm College of Law) has posted Boumediene and Jurisdiction Stripping: Imperial Politics Meet the Imperial Court on SSRN. Here is the abstract:This essay argues that the Supreme Court's recent decision in Boumediene v...

Hasen on Legal Transitions

Posted on August 26, 2008
David Hasen (University of Michigan at Ann Arbor - Law School) has posted Legal Transitions - Reliance Redux on SSRN. Here is the abstract:The recent literature on legal transitions is noted for its welfarist approach to the analysis of legal...

Legal Theory Lexicon: The Internal Point of View

Posted on August 25, 2008
Introduction How can we look at a legal system? H.L.A. Hart famously deployed the distinction between external and internal perspectives on a legal system in his famous book, The Concept of Law. This post provides a very brief introduction to...

Solum on District of Columbia v. Heller

Posted on August 25, 2008
Lawernce Solum has posted District of Columbia v. Heller and Originalism on SSRN. Here is the abstract:On June 26, 2008, the United States Supreme Court handed down its 5-4 decision in District of Columbia v. Heller, striking down a District...

Alexander on Originalism

Posted on August 25, 2008
Larry Alexander has posted Simple-Minded Originalism on SSRN. Here is the abstract:In this essay I defend the unfashionable, maligned, and ridiculed view that interpretation of the Constitution is a search for its authorially-intended meaning, and that constitutional interpretation is no...

Broude on Normative Integration & International Law

Posted on August 25, 2008
Tomer Broude (Hebrew University of Jerusalem - International Law Forum) has posted Principles of Normative Integration and the Allocation of International Authority: The WTO, the Vienna Convention on the Law of Treaties, and the Rio Declaration (Loyola University Chicago International...

Bogart on Moral Evaluation of Abortion

Posted on August 25, 2008
John Bogart has posted Crime and Moral Condemnation on SSRN. Here is the abstract:An examination of the enforcement of California's anti-abortion statute over a 50 year period in Sacramento, focusing on particular prosecutions suggests that abortion was not treated as...

Bybee & Ghosh on Public Reason & Same-Sex Marriage

Posted on August 25, 2008
Keith J. Bybee and Cyril Ghosh (Syracuse University College of Law and Maxwell School and Syracuse University) hav eposted Managing Radical Disputes: Public Reason, the American Dream, and the Case of Same-Sex Marriage on SSRN. Here is the abstract:This paper...

Eisenberg, Miller, & Perino on Goldberger v. Integrated Resources

Posted on August 25, 2008
Theodore Eisenberg , Geoffrey P. Miller and Michael A. Perino (Cornell University - School of Law , New York University - School of Law and St. John's University School of Law) have posted A New Look at Judicial Impact: Attorneys'...

Kidane on the Eritrea-Ethiopia Claims Commission

Posted on August 25, 2008
Won Kidane (Seattle University School of Law) has posted Civil Liability for Violations of International Humanitarian Law: The Jurisprudence of the Eritrea-Ethiopia Claims Commission in the Hague (Wisconsin International Law Journal, Vol. 25, No. 23, 2008) on SSRN...

Anderson on the Conflict in Georgia

Posted on August 25, 2008
Check out Georgia, South Ossetia, and Abkhazia, posted by Ken Anderson on Opinio Juris. Here is a taste:[I]t is a grave error to conflate rolling back Russian expansionism with the idea that Georgia should have actual political, security, and military...

Legal Theory Bookworm

Posted on August 23, 2008
The Legal Theory Bookworm recommends Law as a Social System by Niklas Luhmann. Here is a description:Modern systems theory provides a new method for the analysis of society through an examination of the structures of its communications. In this volume,...

Download of the Week

Posted on August 23, 2008
The Download of the Week is The Empty Idea of Authority by Laurie Claus. Here is the abstract:The idea of authority is a fabrication. Claims of moral right to be obeyed owe their historic salience to the self-interest of claimants....

Berg on the Community Benefit Standard for Tax Exempt Hospitals

Posted on August 22, 2008
Jessica Wilen Berg (Case Western Reserve University - School of Law) has posted Population Health and Tax-Exempt Hospitals: Putting the Community Back into the 'Community Benefit' Standard on SSRN. Here is the abstract:Disputes about tax-exemption are occurring all over the...

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