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Academic

Legal Theory Blog 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

Recent Entries: 5612

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Pila on Copyright & Categories of Expressive Works

Posted on July 21, 2008
Justine Pila (University of Oxford - Faculty of Law) has posted Copyright and its Categories of Expressive Works on SSRN. Here is the abstract: The focus of this paper is the statutory categories of expressive (literary, dramatic, musical and artistic...


Hecht on Climate Change & Insurance

Posted on July 21, 2008
Sean B. Hecht (University of California, Los Angeles - School of Law) has posted Climate Change and the Transformation of Risk: Insurance Matters (UCLA Law Review, Vol. 55, No. 6, 2008) on SSRN. Here is the abstract: Climate change will...


Footer on Soft Law & WTO Law

Posted on July 21, 2008
Professor Mary E. Footer (University of Nottingham - School of Law) has posted The Role of 'Soft' Law Norms in Reconciling the Antinomies of WTO Law on SSRN. Here is the abstract: This paper seeks to broaden our understanding of...


Field on Administrative IP Appointments

Posted on July 21, 2008
Thomas G. Field, Jr. (Franklin Pierce Law Center) has posted Limits to Administrative IP Appointments on SSRN. Here is the abstract: This comment briefly explores the constitutionality of appointments to two adjudicatory boards within the U.S. Patent and Trademark Office...


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Grechenig & Gelter on Law & Economics in the U.S. & Germany

Posted on July 21, 2008
Kristoffel R. Grechenig and Martin Gelter (University of St. Gallen - Department of Law and Vienna University of Economics and Business Administration - Department of Business Law) have posted The Transatlantic Divergence in Legal Thought: American Law and Economics vs...


Legal Theory Bookworm

Posted on July 19, 2008
The Legal Theory Bookworm recommends Borrowing Constitutional Designs: Constitutional Law in Weimar Germany and the French Fifth Republic by Cindy Skach. Here is the abstract: After the collapse of communism, some thirty countries scrambled to craft democratic constitutions...


Download of the Week

Posted on July 19, 2008
The Download of the Week is Why Senator John McCain Cannot Be President: Eleven Months and a Hundred Yards Short of Citizenship by Gabriel J. Chin. Here is the abstract: Senator McCain was born in 1936 in the Canal Zone...


Translation of SABAM v. Scarlett

Posted on July 18, 2008
Justin Hughes , Fran Mady and Julien Bourrouilhou (Yeshiva University - Benjamin N. Cardozo School of Law) have posted English Translation of Sabam V. S.A. Tiscali (Scarlet), District Court of Brussels, 29 June 2007 on SSRN. Here is the abstract:...


Yoo on Andrew Jackson

Posted on July 18, 2008
John C. Yoo (University of California at Berkeley School of Law) has posted Andrew Jackson and Presidential Power on SSRN. Here is a taste: While Andrew Jackson laid the foundations for what we can begin to recognize as the modern...


Reber on the Diffusion of Law & Economics

Posted on July 18, 2008
Kilian Reber (Forschungsstelle für Wirtschaftsgeschichte) has posted Once Upon a Time in America: Barriers to the Diffusion of Law & Economics on SSRN. Here is the abstract: In 1990, the European Law and Economics Association held a symposium about the...


Hovenkamp & Hovenkamp on Antitrust Price Squeeze Claims

Posted on July 18, 2008
Herbert J. Hovenkamp and Erik N. Hovenkamp (University of Iowa - College of Law and University of Iowa - Department of Economics, B.S. Candidate 2009) have posted The Viability Of Antitrust Price Squeeze Claims on SSRN. Here is the abstract:...


Che & Spier on Strategic Judgment Proofing

Posted on July 18, 2008
Yeon-Koo Che and Kathryn E. Spier (Columbia University and Harvard Law School) have posted Strategic Judgment Proofing on SSRN. Here is the abstract: A liquidity-constrained entrepreneur needs to raise capital to finance a business activity that may cause injuries to...


Reynolds & Denning on Heller in the Lower Courts

Posted on July 18, 2008
Glenn Harlan Reynolds and Brannon P. Denning (University of Tennessee College of Law and Cumberland School of Law) have posted Heller's Future in the Lower Courts (Northwestern University Law Review, Vol. 102, No. 406, 2008) on SSRN. Here is the...


Henderson on the Business of Law

Posted on July 18, 2008
If you are interested in the business of law, then Bill Henderson's post How the "Cravath System" Created the Bi-Modal Distribution is a must read!


Bertacchini, De Mot, and Depoorter on Commons, Anticommons, & Semicommons

Posted on July 18, 2008
Enrico Bertacchini , Jef De Mot and Ben Depoorter (University of Turin - Faculty of Law , Ghent University - Faculty of Law and University of Miami - School of Law) have posted Never Two Without Three: Commons, Anticommons and...


Pearlstein on the National Security Constitution

Posted on July 17, 2008
Deborah N. Pearlstein (Princeton University - Visiting Scholar in the Program on Law and Public Affairs, 2007-2009) has posted Form and Function in the National Security Constitution (Connecticut Law Review, Forthcoming) on SSRN. Here is the abstract: Since Alexander Hamilton...


Hovenkamp on Competition Policy from 1890-1955

Posted on July 17, 2008
Herbert J. Hovenkamp (University of Iowa - College of Law) has posted The Neoclassical Crisis In U.S. Competition Policy, 1890-1955 on SSRN. Here is the abstract: The development of marginalist, or neoclassical, economics led to a fifty-year long crisis in...


New Draft of Berman's "Originalism Is Bunk"

Posted on July 17, 2008
Mitch Berman has posted a new draft of his important Originalism Is Bunk on SSRN. If you didn't catch this the first time, it is a must read for anyone interested in contemporary constitutional theory. Download it while its hot!


Kerr and Volokh on the Nature of Constitutional Law and the Is-Ought Distinction

Posted on July 17, 2008
Orin Kerr & Sasha Volokh have an interesting exchange going on the is-ought distinction & the nature of (constitutional) law. There are four posts: Kerr-Confusing "Is" and "Ought" in Constitutional Law Volokk-Is the "is"/"ought" distinction so clear in constitutional law?...


New Version of Semantic Originalism

Posted on July 17, 2008
A new version of my draft article, Semantic Originalism, is available on SSRN. If you downloaded an early draft (in mid-April), this version has many very substantial revisions. The latest changes include a brief discussion of District of Columbia v....


Oman & Horwitz on Constitutional Piety

Posted on July 17, 2008
Nate Oman has a nice post entitled Originalism and the Virtue of Constitutional Piety at Concurring Opinions, with a good reply by Paul Horwitz at Prawfs. Here is a taste of Oman: One of the great insights of Burke is...


Opinio Juris Relaunch

Posted on July 16, 2008
Opinio Juris (the excellent international law blog) has been relaunched in partnership with Oxford University Press, with the important addition of Ken Anderson from American. Check out these recent posts: The Real Reason China Opposes Indicting Bashir by Kevin Jon...


Epstein & Hyman on Deregulation & Medical Costs

Posted on July 16, 2008
Richard A. Epstein and David A. Hyman (University of Chicago - Law School and University of Illinois College of Law) have posted Controlling the Costs of Medical Care: A Dose of Deregulation on SSRN. Here is the abstract: In Beyond...


Guiora on International Security Cooperation

Posted on July 16, 2008
Amos N. Guiora (University of Utah - S.J. Quinney College of Law) has posted International Cooperation in Homeland Security on SSRN. Here is the abstract: Terrorism against the United States, post-9/11, reaches far beyond the U.S. borders. In order to...


Lowenstein on Presidential Nomination Reform

Posted on July 16, 2008
Daniel Lowenstein (University of California, Los Angeles - School of Law) has posted Presidential Nomination Reform: Legal Restraints and Procedural Possibilities (Steven S. Smith and Melanie J. Springer, eds., REFORMING THE NOMINATION PROCESS Washington, D...


Pearlstein on International Law & Terrorist Detention

Posted on July 16, 2008
Deborah N. Pearlstein (Princeton University - Visiting Scholar in the Program on Law and Public Affairs, 2007-2009) has posted Avoiding an International Law Fix for Terrorist Detention (Creighton Law Review, Forthcoming) on SSRN. Here is the abstract: Broad international counterterrorism...


Thompson & Edelman on Corporate Voting

Posted on July 16, 2008
Robert B. Thompson and Paul H. Edelman (Vanderbilt University - School of Law and Vanderbilt University School of Law) have posted Corporate Voting (Vanderbilt Law Review, Forthcoming) on SSRN. Here is the abstract: Discussion of shareholder voting frequently begins against...


Van Schaack on the Akayesu Case

Posted on July 15, 2008
Beth Van Schaack (Santa Clara University - School of Law) has posted Engendering Genocide: The Akayesu Case Before the International Criminal Tribunal for Rwanda (HUMAN RIGHTS ADVOCACY STORIES, Foundation Press, 2008) on SSRN. Here is the abstract: This article -...


Monheim on Human Trafficking & Asylum

Posted on July 15, 2008
Jenny Monheim (Luxembourg University) has posted Human Trafficking and the Effectiveness of Asylum Policies on SSRN. Here is the abstract: We investigate the effects of restrictive asylum policies on the number and group composition of asylum seekers...


Fee on Obscenity & the Internet

Posted on July 15, 2008
John Fee (Brigham Young University - J. Reuben Clark Law School) has posted Obscenity and the World Wide Web (Brigham Young University Law Review, No. 6, pp. 1691-1720, 2007) on SSRN. Here is the abstract: The presence of the World...


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