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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

McElroy on Ownership of Church Property after a Split

Posted on July 01, 2008
Meghaan McElroy (College of William and Mary - Marshall-Wythe School of Law) has posted Possession is Nine Tenths of the Law: But Who Really Owns a Church's Property in the Wake of a Religious Split within a Hierarchical Church? (William...

van Boom on European Tort Law

Posted on July 01, 2008
Willem H. van Boom (Erasmus University Rotterdam (EUR) - Erasmus School of Law) has posted European Tort Law - An Integrated or Compartmentalized Approach? (EUROPEAN PRIVATE LAW BEYOND THE COMMON FRAME OF REFERENCE - ESSAYS IN HONOUR OF REINHARD ZIMMERMANN,...

Cunningham on the Border Search Exception

Posted on July 01, 2008
Larry Cunningham (St. John's University School of Law) has posted The Border Search Exception as Applied to Exit and Export Searches: A Global Conceptualization (Quinnipiac Law Review, Vol. 26, No. 1, 2007) on SSRN. Here is the abstract: The so-called...

Bucklo on Lies by Lawyers

Posted on July 01, 2008
Elaine E. Bucklo has posted From the Bench: When Lawyers Lie (Published in Litigation, Volume 33, No. 2, Winter 2007) on SSRN. Here is the abstract: What can lawyers do to prevent a dishonest opponent from lying or engaging in...

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Chung on Promissory Estoppel

Posted on July 01, 2008
John J. Chung (Roger Williams University - School of Law) has posted Promissory Estoppel and the Protection Of Interpersonal Trust on SSRN. Here is the abstract: This paper examines the role of interpersonal trust in the doctrine of promissory estoppel...

Gedicks on Fundamentalism & Church-State Relations in the U.S.

Posted on June 30, 2008
Frederick Mark Gedicks (Brigham Young University - J. Reuben Clark Law School) has posted Fundamentalism, Spirituality, and Church-State Relations in the United States (Chapter in Multiculturalisms: Different Meanings and Perspectives of Multiculturalism in a Global World (Durham, NC: Carolina Academic...

Zucca on Constitutional Dilemmas

Posted on June 30, 2008
Lorenzo Zucca has posted Constitutional Dilemmas- Conflicts of Fundamental Legal Rights in Europe and the Usa (Lorenzo Zucca, Constitutional Dilemmas- Conflicts of Fundamental Legal Rights in Europe and the USA, Oxford: OUP, 2007) on SSRN. Here is the abstract: This...

Hutchison on Canadian Intellectual Property Law

Posted on June 30, 2008
Cameron J. Hutchison (University of Alberta - Faculty of Law) has posted Which Kraft of Statutory Interpretation? a Supreme Court of Canada Trilogy on Intellectual Property Law (Alberta Law Review, Vol. 46, No. 1, 2008) on SSRN. Here is the...

Bickers on the Establishment Clause

Posted on June 30, 2008
John M. Bickers (Northern Kentucky University - Salmon P. Chase College of Law) has posted Of Non-Horses, Quantum Mechanics, and the Establishment Clause (57 Kansas Law Review 2009) on SSRN. Here is the abstract: This article argues that the quest...

Snyder on Contract Regulation

Posted on June 30, 2008
David V. Snyder (Washington College of Law, American University) has posted Contract Regulation, with and Without the State: Ruminations on Rules and Their Sources (American Journal of Comparative Law, Vol. 56, No. 3, 2008) on SSRN. Here is the abstract:...

Norton on Government Speech

Posted on June 30, 2008
Helen L. Norton (University of Colorado School of Law) has posted The Measure of Government Speech: Identifying Expression's Source (forthcoming 88 Boston University Law Review 587 (2008)) on SSRN. Here is the abstract: Public entities increasingly invoke the government speech...

Rodriguez on Landsberg on the Voting Rights Act

Posted on June 30, 2008
Cristina Rodriguez (New York University - School of Law) has posted From Litigation, Legislation: A Review of Brian Landsberg's Free at Last to Vote: The Alabama Origins of the 1965 Voting Right Act (Yale Law Journal, Vol. 117, 2008) on...

Legal Theory Lexicon: Textualism

Posted on June 29, 2008
Introduction One of the most important topics in legal theory is ?legal interpretation,? the theory of the derivation of meaning from legal texts. Of course, legal interpretation is a very large topic, with several different dimensions and approaches...

Beebe on Antdilution & Trademark

Posted on June 27, 2008
Barton Beebe (Cardozo Law School) has posted The Continuing Debacle of U.S. Antidilution Law: Evidence from One Year of Trademark Dilution Revision Act Case Law (Santa Clara Computer and High Technology Law Journal, Vol. 24, No. 3, 2008) on SSRN....

Beebe on Fair Use & Judicial Ideology

Posted on June 26, 2008
Barton Beebe (Cardozo Law School) has posted Does Judicial Ideology Affect Copyright Fair Use Outcomes?: Evidence from the Fair Use Case Law (Columbia Journal of Law & the Arts, Vol. 31, No. 4, 2008) on SSRN. Here is the abstract:...

McCouch on Estate Tax Repeal

Posted on June 26, 2008
Grayson M.P. McCouch (University of San Diego School of Law) has posted The Empty Promise of Estate Tax Repeal on SSRN. Here is the abstract: The terms of the debate over the estate tax have been framed largely by abolitionists...

Bennoune on Terror & Torture

Posted on June 26, 2008
Karima Bennoune (Rutgers) has posted Terror/Torture (Berkeley Journal of International Law (BJIL), Vol. 26, No. 1, pp. 1-61, 2008) on SSRN. Here is the abstract: In the face of terrorism, human rights law's requirement that states "respect and ensure" rights...

Volokh & Chemerinsky on Heller

Posted on June 26, 2008
Erwin Chemerisnky & Eugene Volokh are now discussing Heller on KCRW; the discussion is just getting underway: http://www.scpr.org/play/live.html Update: Robert Weisberg has replaced Chemerinsky--Volokh continues as of 10:36 a.m., PDST. Update: This segment has now ended.

Hasen on FEC v. Davis

Posted on June 26, 2008
Rick Hasen offers preliminary thoughts on FEC v. Davis at Election Law Blog. Here is a taste: Today's Supreme Court opinion in FEC v. Davis nominally deals with a relatively tangential portion of the McCain-Feingold law; but the 5-4 decision...

Heller in the Blogosphere

Posted on June 26, 2008
Here are some comments & links from around the blogosphere: Analyis of Heller by Lawrence Solum (or scroll down) Initial Thoughts on Heller by Orin Kerr & Key Limitations of Heller by Orin Kerr The Second Amendment and State and...

Analysis of Heller

Posted on June 26, 2008
There are only three opinions in Heller--the majority opinion by Justice Scalia & dissents by Justice Stevens and Breyer. Here are some very preliminary thoughts about the Opinion of the Court. Original Public Meaning Originalism Justice Scalia's opinion for the...

Heller Affirmed 5-4

Posted on June 26, 2008
In a 5-4 decision, the United States Supreme Court has decided District of Columbia v. Heller in favor of the respondent, affirming the decision of the United States Court of Appeal for District of Columbia Circuit. Justice Scalia authored the...

Hylton on Refusals to Deal

Posted on June 25, 2008
Keith N. Hylton (Boston University - School of Law) has posted Unilateral Refusals to Deal and the Antitrust Modernization Commission Report (Antitrust Bulletin, Forthcoming) on SSRN. Here is the abstract: The Antitrust Modernization Commission recommends that refusals to deal with...

Bandes on Emotions, Values, and Risk

Posted on June 25, 2008
Susan A. Bandes (DePaul University - College of Law) has posted Emotions, Values, and the Construction of Risk (Pennsylvania Law Review, Vol. 156, p. 421, 2008) on SSRN. Here is the abstract: Dan Kahan's recent article, Two Conceptions of Emotion...

Svatikova on Economic Criteria for Criminalization

Posted on June 25, 2008
Katarina Svatikova (Erasmus University Rotterdam (EUR) - Rotterdam Institute of Law and Economics) has posted Economic Criteria for Criminalization: Why Do We Need the Criminal Law? on SSRN. Here is the abstract: The main purpose of this paper is to....

Field on Custom & Law in Copyright

Posted on June 25, 2008
Thomas G. Field, Jr. (Franklin Pierce Law Center) has posted From Custom to Law in Copyright on SSRN. Here is the abstract: This paper explores two situations where custom may have been misperceived as trumping copyright law. The first part...

McCouch on Probate Law Reform

Posted on June 25, 2008
Grayson M.P. McCouch (University of San Diego School of Law) has posted Probate Law Reform and Nonprobate Transfers (University of Miami Law Review, Vol. 62, 2008) on SSRN. Here is the abstract: The advent of widespread, large-scale probate avoidance has...

Heller Tomorrow at 10:00 a.m. EDST

Posted on June 25, 2008
The Heller decision will be handed down tomorrow--the session will begin at 10am.

Allen & Lauden on Errors, Evidence, and Criminal Process

Posted on June 25, 2008
Ronald J. Allen and Larry Laudan (Northwestern University Law School , Instituto de Investigaciones Filosoficas and University of Texas School of Law) have posted Deadly Dilemmas on SSRN. Here is the abstract: The implications of errors and error rates are...

Lockridge on Fair Use & Free Speech

Posted on June 24, 2008
Lee Ann W Lockridge (Louisiana State University Law Center) has posted The Myth of Copyright's Fair Use Doctrine as a Protector of Free Speech (Santa Clara Computer and High Technology Law Journal, Vol. 24, p. 31, 2007) on SSRN. Here...

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