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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

Garvey on Non-Proliferation

Posted on June 24, 2008
Jack I. Garvey (University of San Francisco - School of Law) has posted A New Architecture for the Non-Proliferation of Nuclear Weapons (Journal of Conflict and Security Law, Vol. 12, No. 3, pp. 339-357, 2007) on SSRN. Here is the...

Christie on Environmental Law at Sea

Posted on June 24, 2008
Donna R. Christie (Florida State University - College of Law) has posted From Stratton to USCOP: Environmental Law Floundering at Sea (Washington Law Review, Vol. 82, 2007) on SSRN. Here is the abstract: In the late I960s the environmental movement...

Legal Theory Lexicon: Public and Private Goods

Posted on June 22, 2008
Introduction One of the most powerful ideas that legal theory borrows from economics is the idea of a "public good." Sooner or later law students learn that within the framework of contemporary neoclassical economics, the standard line is that public...

Legal Theory Bookworm

Posted on June 21, 2008
The Legal Theory Bookworm recommends Exporting American Dreams: Thurgood Marshall's African Journey by Mary L. Dudziak. Here is a description: Thurgood Marshall became a living icon of civil rights when he argued Brown v. Board of Education before the Supreme...

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Download of the Week

Posted on June 21, 2008
The Download of the Week is A Critical Guide to Vehicles in the Park by Frederick Schauer. Here is the abstract: The 1958 debate in the pages of the Harvard Law Review between Lon Fuller and H.L.A. Hart is one...

Vining on Law's Resilience

Posted on June 20, 2008
Joseph Vining (Michigan) has posted The Resilience of Law (LAW AND DEMOCRACY IN THE EMIPIRE OF FORCE, Jefferson PowelL, James Boyd White, eds., University of Michigan Press, 2009) on SSRN. Here is the abstract: The development of "law and economics"....

Murchison on Fact, Conjecture, and Milkovich v. Lorain Journal

Posted on June 20, 2008
Brian C. Murchison (Washington and Lee University - School of Law) has posted The Fact-Conjecture Framework in U.S. Libel Law: Four Problems (Media and Arts Law Review, Vol. 13, 2008) on SSRN. Here is the abstract: A requirement of U.S....

Bagares on Sovereign Community

Posted on June 20, 2008
Romel Regalado Bagares (Center for International Law) has posted Rethinking the Foundations: Sovereignty, Community and the International Legal Order from a Social Pluralist Perspective (Philippine Law Journal, Vol. 82, pp. 68-237, September 2007) on SSRN...

Kerr on Fourth Amendment Injunctions

Posted on June 20, 2008
Orin S. Kerr (George Washington University - Law School) has posted The Limits of Fourth Amendment Injunctions (Journal on Telecommunications and High Technology Law, 2009) on SSRN. Here is the abstract: When is injunctive relief appropriate in Fourth Amendment cases?...

Northwestern to Offer Two Year JD

Posted on June 20, 2008
I was interviewed yesterday by the Chicago Tribune for this story. Assuming the Tribune story is accurate, Northwestern's program will include one initial summer term (similar to that offered by the University of Michigan), four traditional semesters, plus intersession courses...

Halberstram on Constitutional Heterarchy

Posted on June 20, 2008
Daniel Halberstam (University of Michigan Law School) has posted Constitutional Heterarchy: The Centrality of Conflict in the European Union and the United States (RULING THE WORLD? CONSTITUTIONALISM, INTERNATIONAL LAW AND GLOBAL GOVERNMENT, Jeff Dunoff, Joel Trachtman, eds...

Edmundson on Value Pluralism & Intransitivity

Posted on June 20, 2008
William A. Edmundson (Georgia State University) has posted Pluralism, Intransitivity, Incoherence (THEORETICAL FOUNDATIONS OF LAW AND ECONOMICS, Mark White, ed., Cambridge, 2009) on SSRN. Here is the abstract: Pluralism is an appealing and now orthodox view of the sources of...

Vining on Legal & Religious Commitments

Posted on June 19, 2008
Joseph Vining (Michigan) has posted Legal Commitments and Religious Commitments (San Diego Law Review, Vol. 44, No. 69, 2007) on SSRN. Here is the abstract: Person, individual, purpose, value, authority: Can these be realities for law without making a commitment...

Stuntz on Unequal Justice

Posted on June 19, 2008
The Harvard Law Review has posted William Stuntz's Unequal Justice on the Internet. Here is an abstract: Inequality is a core feature of American criminal justice, but its causes remain obscure. Official racism has declined even as the black share...

Miller on Privacy

Posted on June 19, 2008
Jeremy Miller (Chapman) has posted Dignity as a New Framework, Replacing the Right to Privacy on SSRN. Here is the abstract: Privacy if not now, will soon be a dead letter in legal analysis. However, the related concept of dignity...

Lash on the Eleventh Amendment

Posted on June 19, 2008
Kurt T. Lash (Loyola Law School Los Angeles) has poted Leaving the Chisholm Trail: The Eleventh Amendment and the Background Principle of Strict Construction on SSRN. Here is the abstract: Most scholars and courts assume that the Eleventh Amendment emerged...

Ralston on Democracy as a Way of Life

Posted on June 19, 2008
Shane J. Ralston (University of Maine) has posted In Defence of Democracy as a Way of Life: A Reply to Talisse on SSRN. Here is the abstract: Robert Talisse objects that Deweyan democrats, or those who subscribe to American philosopher...

Sadurski on Reasonableness & Value Pluralism

Posted on June 18, 2008
Wojciech Sadurski (European University Institute - Department of Law) has posted 'Reasonableness' and Value Pluralism in Law and Politics on SSRN. Here is the abstract: In law, the category of reasonableness, when used in a "strong sense", is inherently lined...

Siems on Interdisciplinary Legal Research

Posted on June 18, 2008
Mathias M. Siems (University of Edinburgh - School of Law) has posted The Taxonomy of Interdisciplinary Legal Research: Finding the Way Out of the Desert on SSRN. Here is the abstract: According to the 19th century jurist Julius von Kirchmann...

Rao on Dignity in Constitutional Law

Posted on June 18, 2008
Neomi Rao (George Mason University - School of Law) has posted On the Use and Abuse of Dignity in Constitutional Law (Columbia Journal of European Law, Vol. 14, No. 2, pp. 201-256, Spring 2008) on SSRN. Here is the abstract:...

Dagan on Just & Unjust Enrichment

Posted on June 18, 2008
Hanoch Dagan (Tel Aviv University - Buchmann Faculty of Law) has posted Just and Unjust Enrichments on SSRN. Here is the abstract: In exploring the most fundamental question in restitution theory of what separates just from unjust enrichments, this essay...

Parkinson on Anti-Discrimination, Vilification, and Religious Minorities

Posted on June 18, 2008
Patrick Parkinson (University of Sydney Law School) has posted Religious Vilification, Anti-Discrimination Laws and Religious Minorities in Australia: The Freedom to Be Different (Australian Law Journal, Vol. 81, No. 12, pp. 954-966, 2007) on SSRN. Here is the abstract: Australian...

Conference Announcement: Ethics & Climate Change at Padua

Posted on June 18, 2008
Ethics and Climate Change: Scenarios for Justice & Sustainability 23-25 Oct 2008, Centro Culturale San Gaetano, Padua, Italy Oct 23 Opening Session: science, ethics, and politics facing climate change Roundtable with A. Autiero (Universit�t M�nster/Fondazione Lanza); A...

Ernst on Recuiting New Deal Lawyers

Posted on June 17, 2008
Check out Dan Ernst's Jerome Frank Hires Some Lawyers, Part I, at Legal History Blog. Here is a taste: The young graduates of elite, case-method law schools who went to work in Franklin D. Roosevelt?s first two administrations, commonly known...

Schauer on Vehicles in the Park

Posted on June 17, 2008
Frederick Schauer has posted A Critical Guide to Vehicles in the Park on SSRN. Here is the abstract: The 1958 debate in the pages of the Harvard Law Review between Lon Fuller and H.L.A. Hart is one of the landmarks...

Smith on Semicommons & Water Rights

Posted on June 16, 2008
Henry E. Smith (Yale Law School) has posted Governing Water: The Semicommons of Fluid Property Rights (Arizona Law Review, Vol. 50, No. 2, 2008) on SSRN. Here is the abstract: This Article applies an information-cost theory of property to water...

Legal Theory Lexicon: Concepts & Conceptions

Posted on June 15, 2008
Introduction Some ideas seem to be endlessly debated. We might all agree that "justice" is a good thing, but some of us think that justice boils down to counting the utility of each individual equally, while others think that justice...

Legal Theory Bookworm

Posted on June 15, 2008
The Legal Theory Bookworm recommends Statutory Default Rules: How to Interpret Unclear Legislation by Einer Elhauge. Here is a description: Most new law is statutory law; that is, law enacted by legislators. An important question, therefore, is how should this...

Download of the Week

Posted on June 15, 2008
The Dowload of the Week is The Constitution in the National Surveillance State by Jack Balkin. Here is the abstract: During the last part of the twentieth century the United States began developing a new form of governance that features...

Cox & Miles on Information & Judicial Decisions

Posted on June 13, 2008
Adam B. Cox and Thomas J. Miles (University of Chicago - Law School and University of Chicago - Law School) have posted Documenting Discrimination? (Columbia Law Review Sidebar, Forthcoming 2008) on SSRN. Here is the abstract: Judicial decisions provide a...

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