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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

Davis & Washburn on Sex Offender Registration in Indian Country

Posted on August 22, 2008
Virginia Davis and Kevin K. Washburn (National Congress of American Indians and University of Arizona - James E. Rogers College of Law) have posted Sex Offender Registration in Indian Country (Ohio State Journal of Criminal Law, Forthcoming) on SSRN. Here...

Barros on a Model Estates & Future Interests Law

Posted on August 22, 2008
Benjamin Barros (Widener University - School of Law) has posted Toward a Model Law of Estates and Future Interests on SSRN. Here is the abstract:The American law of estates and future interests is tremendously complex. This complexity is unjustifiable because...

Claus on Authority

Posted on August 22, 2008
Laurie Claus (University of San Diego) has posted The Empty Idea of Authority on SSRN. 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...

Bronsteen, Buccafusco, and Masur on Happiness and Punishment

Posted on August 22, 2008
John Bronsteen , Christopher J. Buccafusco and Jonathan S. Masur (Loyola University Chicago School of Law , University of Chicago - Law School , University of Illinois College of Law and University of Chicago - Law School) have posted Happiness...

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Andreen and Jones on the Clean Water Act

Posted on August 22, 2008
William L. Andreen and Shana Campbell Jones (University of Alabama - School of Law and Center For Progressive Reform) have posted The Clean Water Act: A Blueprint for Reform on SSRN. Here is the abstract:The 1972 passage of the Clean...

Dowd on Masculinities & Feminist Legal Theory

Posted on August 21, 2008
Nancy Elizabeth Dowd (University of Florida Levin College of Law) has posted Masculinities and Feminist Legal Theory: An Antiessentialist Project (Wisconsin Women's Law Journal, Vol. 13, 2009) on SSRN. Here is the abstract:Men, patriarchy and masculine characteristics have predominantly been...

Chima on Internet Speech Regulation in India

Posted on August 21, 2008
Raman Chima (National Law School of India University) has posted The Regulation of the Internet with Relation to Speech and Expression by the Indian State on SSRN. Here is the abstract:This paper examines how the Indian State regulates the Internet...

Ronen on Liability for Civilian Injuries During Armed Conflict

Posted on August 21, 2008
Yael Ronen (Ono Academic College) has posted Avoid or Compensate? Liability for Incidental Injury to Civilians Inflicted During Armed Conflict on SSRN. Here is the abstract:Under international law, civilians suffering injuries that are incidental, that is unintentional and proportionate, to...

Conference Announcement: ASPLP (with ASPA) in Boston

Posted on August 21, 2008
Annual Meeting of the American Society for Political and Legal PhilosophyAugust 28-29, 2008 http://www.political-theory.org/asplp/ In conjunction with the American Political Science Association Hynes Convention Center/ Boston Marriott Copley Place/ Sheraton Boston Hotel, Boston, MAEvolution and MoralityConference co-chairs: Sanford Levinson, W...

Lee on Necessity

Posted on August 20, 2008
Youngjae Lee (Fordham University School of Law) has posted The Defense of Necessity and Powers of the Government (Criminal Law and Philosophy, Vol. 3, 2008) on SSRN. Here is the abstract: If one of the lessons of the ubiquitous and...

Tamanaha on Galanter on Law and Social Ordering

Posted on August 20, 2008
Brian Z. Tamanaha (St. John's University - School of Law) has posted A Holistic Vision of the Socio-Legal Terrain (Journal of Law and Contemporary Problems, forthcoming 2008) on SSRN. Here is the abstract: This brief essay articulates a thoroughly social...

Alexander & Schauer on Rules of Recognition & Acceptance

Posted on August 20, 2008
Larry Alexander and Frederick Schauer (University of San Diego School of Law and Harvard University - John F. Kennedy School of Government) have posted Rules of Recognition, Constitutional Controversies, and the Dizzying Dependence of Law on Acceptance (The Rule of...

Green on Constitutional Indexicals

Posted on August 20, 2008
Christopher R. Green (University of Mississippi - School of Law) has posted 'This Constitution': Constitutional Indexicals as a Basis for Textualist Semi-Originalism on SSRN. Here is the abstract: Debate over proper methods of constitutional interpretation is interminable, in part because...

Lund on Congressional Chaplancies

Posted on August 20, 2008
Christopher C. Lund (Mississippi College) has posted The Congressional Chaplancies on SSRN. Here is the abstract: Twenty five years ago, in Marsh v. Chambers, the Supreme Court considered the congressional chaplaincies, and concluded that they were not "an 'establishment' of...

Osofsky on Multiscala Climate Policy

Posted on August 20, 2008
Hari M. Osofsky has posted Is Climate Change "International"? Litigation's Diagonal Regulatory Role on SSRN. Here is the abstract: This Article argues that the scale of climate regulation must fit the scale of the problem. More specifically, the Article claims...

Tyler on the Suspension Clause

Posted on August 20, 2008
Amanda L. Tyler (George Washington University Law School) has posted Suspension as an Emergency Power (Yale Law Journal, Vol. 118, 2008-2009) on SSRN. Here is the abstract: As the war on terrorism continues, and along with it a heated debate...

Dagan on Taxing the Non-Market Economy

Posted on August 19, 2008
Tsilly Dagan (Bar-Ilan University - Faculty of Law) has posted Taxing the Non-Market Economy on SSRN. Here is the abstract: This Article examines the interaction of tax policy and non-market exchanges. It discerns non-market attributes and interactions as a separate...

Terry & Francis on Privacy of Electronic Health Records

Posted on August 19, 2008
Nicolas P. Terry and Leslie P. Francis (Saint Louis University School of Law and University of Utah - S.J. Quinney College of Law) has posted Ensuring the Privacy and Confidentiality of Electronic Health Records (University of Illinois Law Review, Vol...

Onazi on Human Rights

Posted on August 19, 2008
Oche Onazi (University of Edinburgh - School of Law) has posted In Lieu of a Subaltern Theory of Human Rights on SSRN. Here is the abstract: This article aims to provide the justification for a subaltern theory of human rights....

Lee on Desert & the Eighth Amendment

Posted on August 19, 2008
Youngjae Lee (Fordham University School of Law) has posted Desert and the Eighth Amendment (University of Pennsylvania Journal of Constitutional Law, Vol. 10, 2008) on SSRN. Here is the abstract: What would a constitutional right based on desert look like?...

Roberts on Restitutionary Disengorgement

Posted on August 19, 2008
Caprice L. Roberts (West Virginia University College of Law) has posted Restitutionary Disgorgement as a Moral Compass for Breach of Contract on SSRN. Here is the abstract: A quiet revolution is underway. A new rule proposed in the forthcoming Restatement...

Kahan, Braman, Monahan, and Peters on Cultural Cognition & Outpatient Commitment

Posted on August 18, 2008
Dan M. Kahan , Donald Braman , John Monahan , Lisa Callahan and Ellen Peters (Yale University - Law School , George Washington University - Law School , University of Virginia - School of Law) have posted Cultural Cognition and...

Campos on Shame

Posted on August 18, 2008
Paul Campos (University of Colorado Law School) has posted Shame (Journal of Contemporary Legal issues, Vol. 17, 2008) on SSRN. Here is the abstract: Here are some observations drawn from nearly seventeen years spent as a legal academic, using a...

Jensen on Indian Gaming

Posted on August 18, 2008
Erik M. Jensen (Case Western Reserve University - School of Law) has posted Indian Gaming on Newly Acquired Lands (Washburn Law Journal, Vol. 47, p.675, 2008) on SSRN. Here is the abstract: This symposium article examines the meaning of the...

Thomas on Wildenthal on the 14th Amendment

Posted on August 18, 2008
George C. Thomas III (Rutgers University School of Law) has posted The Riddle of the Fourteenth Amendment: A Reply to Professor Wildenthal (Ohio State Law Journal, Vol. 68) on SSRN. Here is the abstract: Professor Bryan Wildenthal makes an impressive...

Ripken on Multiple Corporate Personalities

Posted on August 18, 2008
Susanna Kim Ripken (Chapman University School of Law) has posted Multiple Personalities Incorporated: Accepting the Multi-Dimensional Personhood of the Modern Corporation on SSRN. Here is the abstract: One of the most intriguing debates in corporate law is over the personhood...

Burke on Corporate Taxation

Posted on August 18, 2008
Karen C. Burke (University of San Diego School of Law) has posted Is the Corporate Tax System 'Broken'? on SSRN. Here is the abstract: The slated expiration of the Bush Administration's tax cuts in 2010 highlights the instability of the...

Legal Theory Lexicon: Overlapping Consensus and Incompletely Theorized Agreements

Posted on August 17, 2008
Introduction As law students become more sophisticated, they begin to notice that certain debates seem to repeat themselves over and over again. Disagreements about disparate subjects--in procedure, criminal law, torts, property, and constitutional law--frequently seem to turn on the really...

Legal Theory Bookworm

Posted on August 16, 2008
The Legal Theory Bookworm recommends Freedom from Poverty As a Human Right: Who Owes What to the Very Poor? by Thomas Pogge. Here is a description: Collected here in one volume are fifteen cutting-edge essays by leading academics which together...

Download of the Week

Posted on August 16, 2008
The Download of the Week is Probably? Understanding Tax Law's Uncertainty by Sarah Lawsky. Here is the abstract: This Article analyzes the meaning of probability statements in tax law and in scholarship addressing civil tax penalties. Specifically, the Article draws...

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