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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

Leiter on Nietzsche & Naturalism

Posted on July 28, 2008
Brian Leiter (University of Chicago Law School) has posted Nietzsche's Naturalism Reconsidered (Oxford Handbook of Nietzsche, 2009) on SSRN. Here is the abstract: According to one recent scholar, "Most commentators on Nietzsche would agree that he is in a broad...

Legal Theory Lexicon: Hohfeld

Posted on July 27, 2008
Introduction You need to know Hohfeld! Why? Because W.N. Hohfeld?s typology of rights from his book Fundamental Legal Conceptions is, well, fundamental. And useful! Law students encounter the idea of right (moral or legal) early and often. But ?rights talk?...

Legal Theory Bookworm

Posted on July 26, 2008
The Legal Theory Bookworm recommends Beyond Citizenship: American Identity After Globalization by Peter J. Spiro. Here is a description: American identity has always been capacious as a concept but narrow in its application. Citizenship has mostly been about being here,...

Download of the Week

Posted on July 26, 2008
The Download of the Week is Moral Grammar and Intuitive Jurisprudence: A Formal Model of Unconscious Moral and Legal Knowledge by John Mikhail. Here is the abstract: Could a computer be programmed to make moral judgments about cases of intentional...

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Bentele on Comparative Constitutionalism in South Africa

Posted on July 25, 2008
Ursula Bentele (Brooklyn Law School) has posted Mining for Gold: The Constitutional Court of South Africa's Experience with Comparative Constitutional Law on SSRN. Here is the abstract: Despite a long history of referring to foreign law in its opinions, the...

Pierce & Snyder on Ethical Spillovers in Firms

Posted on July 25, 2008
Lamar Pierce and Jason Snyder (Washington University in St. Louis and University of California, Los Angeles - Anderson School of Management) have posted Ethical Spillovers in Firms: Evidence from Vehicle Emissions Testing on SSRN. Here is the abstract: In this...

Brake on Subtle Sexism

Posted on July 25, 2008
Deborah L. Brake (University of Pittsburgh - School of Law) has posted Perceiving Subtle Sexism: Mapping the Social-Psychological Forces and Legal Narratives that Obscure Gender Bias (Columbia Journal of Gender and Law, Vol. 16, 2007) on SSRN. Here is the...

Anderson on Alaskan Native Rights

Posted on July 25, 2008
Robert T Anderson (University of Washington School of Law) has posted Alaska Native Rights, Statehood, and Unfinished Business (Tulsa Law Review, Vol. 43, No. 1, 2007) on SSRN. Here is the abstract: Alaska Native aboriginal rights to land and associated...

Issacs on Patents & Due Process

Posted on July 25, 2008
Davida H. Isaacs (Northern Kentucky University - Salmon P. Chase College of Law) Shifting Constitutional Sands: Can and Should Patentholders Rely on the Due Process Clause to Thwart Government Action? (Florida State University Law Review, Vol. 35, p. 627, 2008)...

Smolensky on Parental Tort Liability for Genetic Intervention

Posted on July 25, 2008
Kirsten Rabe Smolensky (University of Arizona - James E. Rogers College of Law) has posted Creating Disabled Children: Parental Tort Liability for Preimplantation Genetic Interventions (60 Hastings Law Journal, Forthcoming 2008) on SSRN. Here is the abstract: Using preimplantation genetic...

Ben-Shahar on Bargaining Power & Default Rules

Posted on July 24, 2008
Omri Ben-Shahar (University of Chicago Law School) has posted A Bargaining Power Theory of Gap-Filling on SSRN. Here is the abstract: This article explores the merits of a new criterion for default rules in incomplete contracts: fill the gaps with...

Boros on Sons of Gwalia v. Maragetic

Posted on July 24, 2008
Elizabeth J. Boros (Monash University - Faculty of Law) has posted Shareholder Litigation after Sons of Gwalia Ltd v Margaretic (Company & Securities Law Journal, Vol. 26, pp. 235-248, 2008) on SSRN. Here is the abstract: A number of corporate...

Broughman on Independent Directors & VC-Backed Firms

Posted on July 24, 2008
Brian J. Broughman (University of California, Berkeley - School of Law) has posted The Role of Independent Directors in VC-Backed Firms on SSRN. Here is the abstract: This paper seeks to explain the widespread use of independent directors in the...

Modak-Turan on Law & Religion

Posted on July 24, 2008
Mark C. Modak-Truran (Mississippi College - School of Law) has posted Beyond Theocracy and Secularism (Part I): Toward a New Paradigm for Law and Religion (Mississippi College Law Review 159, 2007-2008) on SSRN. Here is the abstract: The continued vitality...

Shaman on District of Columbia v. Heller

Posted on July 24, 2008
Jeffrey M. Shaman (DePaul University - College of Law) has posted The Wages of Originalist Sin: District of Columbia v. Heller on SSRN. Here is the abstract: This essay analyzes and critiques District of Columbia v. Heller, in which the...

Anderson on Bobbitt on Terror & Consent

Posted on July 24, 2008
Ken Anderson has a review of Phillip Bobbitt's Terror and Consent in the Times Literaty Supplement. Here is a taste: [T]he success of Terror and Consent as an argument depends largely on whether ?market? and ?state? can be corralled together...

Mikail on Moral Grammar & Intuitive Jurisprudence

Posted on July 24, 2008
John Mikhail (Georgetown University - Law Center) has posted Moral Grammar and Intuitive Jurisprudence: A Formal Model of Unconscious Moral and Legal Knowledge (THE PSYCHOLOGY OF LEARNING AND MOTIVATION: MORAL COGNITION AND DECISION MAKING, D. Medin, L...

Thompson on Federal-State Corporate Regulation

Posted on July 23, 2008
Robert B. Thompson (Vanderbilt University - School of Law) has posted Delaware's Disclosure: Moving the Line of Federal-State Corporate Regulation (University of Illinois Law Review, Forthcoming) on SSRN. Here is the abstract: Delaware's century-long success in attracting corporations to use...

Goldberg on Union Democracy

Posted on July 23, 2008
Michael J. Goldberg (Widener University School of Law) has posted In the Cause of Union Democracy (Suffolk University Law Review, Vol. 41, 2008) on SSRN. Here is the abstract: This article is part of a symposium entitled "The Employment and...

Mehrotra on Historical Materialism & Taxation of Corporate Reorganizations

Posted on July 23, 2008
Ajay K. Mehrotra (Indiana University School of Law-Bloomington) has posted Mergers, Taxes, and Historical Materialism (Indiana Law Journal, Vol. 83, p. 881, 2008) on SSRN. Here is the abstract: In the last few years, corporate mergers and acquisitions witnessed explosive...

Gilreath on Lawrence v. Texas

Posted on July 23, 2008
Shannon D. Gilreath (Wake Forest University - School of Law) has posted Some Penetrating Observations on the Fifth Anniversary of Lawrence v. Texas: Privacy, Dominance, and Substantive Equality Theory on SSRN. Here is the abstract: This essay will explain why...

Kamminga on Human Rights & General International Law

Posted on July 23, 2008
M. Kamminga (University of Maastricht) has posted Final Report on the Impact of International Human Rights Law on General International Law on SSRN. Here is the abstract: This report, prepared for the Committee on International Human Rights Law and Practice...

Conference Announcement: Human Rights in Theory & Practice at Rutgers

Posted on July 23, 2008
This conference at Rutgers has quite an impressive lineup: The Universal Declaration of Human Rights was adopted by the United Nations in 1948, and in recognition of the UDHR's 60th anniversary, the Rutgers Institute for Law and Philosophy, based at....

Balkin on Media Access

Posted on July 23, 2008
Jack Balkin has posted Media Access: A Question of Design on SSRN. Here is the abstract: This essay, written for a symposium in honor of Jerome Barron, asks what media access means in the age of the Internet. Twentieth century...

Lipshaw on Law's Illusion

Posted on July 22, 2008
Jeffrey Lipshaw has posted Law's Illusion: Scientific Jurisprudence and the Struggle with Judgment on SSRN. Here is the abstract: Why are there two fairly clear chasms that affect practicing lawyers - one between themselves and their clients, and one between...

Beermann on the Supreme Court

Posted on July 22, 2008
Jack Michael Beermann (Boston University School of Law) has posted The Supreme Common Law Court of the United States on SSRN. Here is the abstract: The U.S. Supreme Court's primary role in the history of the United States, especially in...

Thompson on Federal-State Corporate Regulation

Posted on July 22, 2008
Robert B. Thompson (Vanderbilt University - School of Law) has posted Delaware's Disclosure: Moving the Line of Federal-State Corporate Regulation (University of Illinois Law Review, Forthcoming) on SSRN. Here is the abstract: Delaware's century-long success in attracting corporations to use...

Bauer on Evidence Suppressing Settlements

Posted on July 22, 2008
Jon Bauer (University of Connecticut - School of Law) has posted Buying Witness Silence: Evidence-Suppressing Settlements and Lawyers' Ethics (Oregon Law Review, Vol. 87, No. 2, 2008) on SSRN. Here is the abstract: Lawyers frequently draft settlements that impede other...

Abramovsky on Influence in Insurance Fraud Prosecutions

Posted on July 22, 2008
Aviva Abramovsky (Syracuse University College of Law) has posted An Unholy Alliance: Perceptions Of Influence in Insurance Fraud Prosecutions and the Need For Real Safeguards (Journal of Criminal Law and Criminology, Vol. 98, No. 2, 2008) on SSRN. Here is...

Avraham & Liu on Contract Damages

Posted on July 22, 2008
Ronen Avraham and Zhiyong Liu (Northwestern University - School of Law and Georgia State University - Risk Management & Insurance Department) have posted Should Courts Ignore Ex Post Information When Determining Contract Damages? A Re-Evaluation of Contract Remedies on SSRN...

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