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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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Madison on Patents & Knowledge

Posted on December 30, 2010
Michael J. Madison (University of Pittsburgh - School of Law) has posted Beyond Invention: Patent as Knowledge Law (Lewis & Clark Law Review, Forthcoming) on SSRN. Here is the abstract: The decision of the Supreme Court of the United States...


Brunet on Summary Judgment Safeguards

Posted on December 30, 2010
Edward Brunet (Lewis & Clark Law School) has posted Six Summary Judgment Safeguards (Akron Law Review, Vol. 45, p.1165, 2010) on SSRN. Here is the abstract: Summary judgment is under attack. Critics have called summary judgment unconstitutional, overused, a radical...


Blitt on Defamation of Religion & the Migration of Constitutional Ideas

Posted on December 29, 2010
Robert C. Blitt (University of Tennessee College of Law) has posted The Bottom Up Journey of 'Defamation of Religion' from Muslim States to the United Nations: A Case Study of the Migration of Anti-Constitutional Ideas on SSRN. Here is the...


Anderson on Human Rights Law & Transnational Corporations

Posted on December 29, 2010
Rachel J. Anderson (William S. Boyd School of Law, UNLV) has posted Reimagining Human Rights Law: Toward Global Regulation of Transnational Corporations (Denver University Law Review, Vol. 88, 2010) on SSRN. Here is the abstract: Existing human rights law, the...


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Zittrain on Net Neutrality as Diplomacy

Posted on December 29, 2010
Jonathan Zittrain (Harvard Law School and Kennedy School) has posted Net Neutrality as Diplomacy (Yale Law & Policy Review, Vol. 29, 2010) on SSRN. Here is the abstract: Popular imagination holds that the turf of a state?s foreign embassy is...


Feldman on Ownership of Human Cells Outside the Body

Posted on December 29, 2010
Robin Cooper Feldman (University of California Hastings College of Law) has posted Whose Body is it Anyway? Human Cells and the Strange Effects of Property and Intellectual Property Law (Stanford Law Review, Forthcoming) on SSRN. Here is the abstract: Whatever...


Florio on the Kosovo's Independence

Posted on December 29, 2010
Simone Florio (University of Granada - Facultad Ciencias Políticas y Sociología) has posted Exit Law, Enter Politics: The Foundations and the Legacy of the Contested Independence of Kosovo (Revista de Paz y Conflictos, No. 4, 2011) on SSRN. Here is...


Halberg on Anti-Federalist Fears of Lengthy Presidential Terms

Posted on December 29, 2010
Caleb J. Halberg (DePaul University - College of Law) has posted Power and Time: Why Anti-Federalists Feared Lengthy Presidential Terms on SSRN. Here is the abstract: Although they have often been pushed aside by academia, the fears of the Anti-Federalists...


Berger on Conscience & Criminal Justice

Posted on December 28, 2010
Benjamin L. Berger (University of Victoria - Faculty of Law) has posted The Abiding Presence of Conscience: Criminal Justice Against the Law and the Modern Constitutional Imagination (University of Toronto Law Journal, Vol. 61, No. 4, 2011) on SSRN. Here...


Raban on Federal Constitutional Rights as a Ceiling on Other Rights

Posted on December 28, 2010
Ofer Raban (University of Oregon - School of Law) has posted The Federal Constitution as a Ceiling, Not Just a Floor: Constitutional Limitations on Civil Rights and Liberties on SSRN. Here is the abstract: "It is elementary that States are...


Feldman on Bounded Adaptation & Plain Language Patents

Posted on December 28, 2010
Robin Cooper Feldman (University of California Hastings College of Law) has posted Plain Language Patents (Texas Intellectual Property Law Journal, Vol. 17, p. 289, 2009) on SSRN. Here is the abstract: Law is a process of Bounded Adaptation. The law....


Huffman on Neo-Chicago & Behavioralist Antitrust Economics

Posted on December 28, 2010
Max Huffman (Indiana University School of Law - Indianapolis) has posted Neo-Behavioralism? on SSRN. Here is the abstract: Neo-Chicago Antitrust is the topic of this symposium. Neo-Chicago appears to be defined as a return to Chicago principles, informed by the...


Klöhn on Private Versus Public Enforcement of Laws

Posted on December 28, 2010
Lars Klöhn (University of Marburg Faculty of Law) has posted Private Versus Public Enforcement of Laws - A Law & Economics Perspective on SSRN. Here is the abstract: When should laws be enforced by private actors and when should society...


Golden on Crane on Intellectual Property Liability

Posted on December 28, 2010
John M. Golden (University of Texas School of Law) has posted Intellectual Liability in Context (Texas Law Review, Vol. 88, pp. 211-219, 2010) on SSRN. Here is the abstract: In Intellectual Liability, Daniel Crane reemphasizes that a ?right to exclude?...


Young on Naive Natural Law

Posted on December 27, 2010
Michael Young has posted In Defense of Minimal, Naive Natural Law on SSRN. Here is the abstract: This paper articulates a defense of a minimal natural law view in two ways. First, it argues that a minimal natural law view...


Taslitz on Empathy & Excuses

Posted on December 27, 2010
Andrew E. Taslitz (Howard University - School of Law) has posted Why Did Tinkerbell Get Off so Easy?: The Roles of Imagination and Social Norms in Excusing Human Weakness (Texas Tech Law Review, Vol. 42, p. 419, 2009) on SSRN....


Schor on Constitutional Dialogue

Posted on December 27, 2010
Miguel Schor (Suffolk University Law School) has posted Constitutional Dialogue and Judicial Supremacy on SSRN. Here is the abstract: This paper analyzes constitutional dialogue by comparing a constitutional system that (almost) entrenches judicial supremacy - the United States - with...


Chafetz on the Constitutionality of the Filibuster

Posted on December 27, 2010
Josh Chafetz (Cornell Law School) has posted The Unconstitutionality of the Filibuster (Connecticut Law Review, Vol. 43, April 2011) on SSRN. Here is the abstract: This Article, written for the Connecticut Law Review's 2010 "Is Our Constitutional Order Broken?" symposium,...


Schwartzman on Reasoning from Conjecture & Public Reason

Posted on December 27, 2010
Micah Schwartzman (University of Virginia School of Law) has posted The Ethics of Reasoning from Conjecture (Journal of Moral Philosophy, Forthcoming) on SSRN. Here is the abstract: An important objection to political liberalism is that it provides no means by...


Legal Theory Lexicon: Persons and Personhood

Posted on December 26, 2010
Introduction Are the unborn human persons? What is the difference between legal and moral personhood? What does it mean to say that a corporation is a legal person? Do the most intelligent animals deserve the rights of moral or legal...


Legal Theory Bookworm

Posted on December 26, 2010
The Legal Theory Bookworm recommends Friend v. Friend: The Transformation of Friendship--and What the Law Has to Do with It by than J. Leib. Here is a description: Friendship is one of our most important social institutions. It is the...


Download of the Week

Posted on December 25, 2010
The Download of the Week is The Language of Statutes: Laws and Their Interpretation by Lawrence M. Solan. Here is the abstract: This is chapter 1 of The Language of Statutes: Laws and their Interpretation (University of Chicago Press (2010)....


Jacobson on Prophecy & Expertise

Posted on December 22, 2010
Arthur J. Jacobson (Cardozo Law School) has posted Prophecy as Expertise (Hebraic Political Studies, Vol. 4, No. 4, pp. 329-336, Fall 2009) on SSRN. Here is the abstract: At the beginning of his "Tractatus," Baruch Spinoza encounters a dilemma of...


Faithful on Transformative Gender Law

Posted on December 22, 2010
Richael Faithful (American University - Washington College of Law) has posted (Law) Breaking Gender: In Search of Transformative Law (Journal on Gender, Social Policy, & the Law, Vol. 18, No. 3, 2009) on SSRN. Here is an excerpt from the...


Solan on the Language of Statutes

Posted on December 22, 2010
Lawrence M. Solan (Brooklyn Law School) has posted The Language of Statutes: Laws and Their Interpretation (THE LANGUAGE OF STATUTES: LAWS AND THEIR INTERPRETATION, Chapter 1, University of Chicago Press, 2010) on SSRN. Here is the abstract: This is chapter...


Burch on Lead Plaintiffs & the Private Securities Litigation Reform Act

Posted on December 22, 2010
Elizabeth Chamblee Burch (Florida State University - College of Law) has posted Optimal Lead Plaintiffs (Vanderbilt Law Review, Vol. 64, May 2011) on SSRN. Here is the abstract: Adequate representation in securities class actions is, at best, an afterthought and,...


Haack on Belief

Posted on December 21, 2010
Susan Haack (University of Miami - School of Law) has posted Belief in Naturalism: An Epistemologist's Philosophy of Mind (Logos Episteme, Vol. 1, No. 1, pp. 67-83, 2010) on SSRN. Here is the abstract: My title, "Belief in Naturalism," signals,...


Aprill on Citizens United & Noncharitable Exempt Organizations

Posted on December 21, 2010
Ellen P. Aprill (Loyola Law School Los Angeles) has posted Regulating the Political Speech of Noncharitable Exempt Organizations after Citizens United on SSRN. Here is the abstract: The Supreme Court decreed in Citizen?s United that "[n]o sufficient governmental interest justifies...


Fadel on Accommodation of Islam in Liberal Democracy

Posted on December 21, 2010
Mohammad Fadel (University of Toronto - Faculty of Law) has posted Muslim Reformists, Female Citizenship and the Public Accommodation of Islam in Liberal Democracy (POLITICS AND RELIGION, Cambridge University Press, 2012) on SSRN. Here is the abstract: The European Court...


Ansolabehere & Persily on Measuring Election System Performance

Posted on December 21, 2010
Stephen Ansolabehere and Nathaniel Persily (Harvard University - Department of Government and Columbia Law School) have posted Measuring Election System Performance (New York University Journal of Legislation and Public Policy, Vol. 13, No. 3, 2010) on SSRN...


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