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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

Smith on Property, Community, and Custom

Posted on June 13, 2008
Henry E. Smith (Yale Law School) has posted Community and Custom in Property (Theoretical Inquiries in Law, Vol. 10, No. 1, January 2009) on SSRN. Here is the abstract: Community custom has played a limited but important role in the...

Bellia & Freiwald on the Fourth Amendment & Stored Email

Posted on June 13, 2008
Patricia L. Bellia and Susan Freiwald (Notre Dame Law School and University of San Francisco School of Law) have posted Fourth Amendment Protection for Stored E-Mail (University of Chicago Legal Forum, Forthcoming) on SSRN. Here is the abstract: The question...

McCormick on Federal Antidiscrimination Enforcement

Posted on June 13, 2008
Marcia L. McCormick (Samford University - Cumberland School of Law) has posted The Truth is Out There: Revamping Federal Antidiscrimination Enforcement for the Twenty-First Century (Berkley Journal of Employment and Labor Law, Vol. 30, Forthcoming) on SSRN...

Lienau on Sovereign Debt

Posted on June 13, 2008
Odette Lienau (Harvard University) has posted Who is the Sovereign in Sovereign Debt? Reinterpreting a Rule-of-Law Framework from the Early Twentieth Century (Yale Journal of International Law, Vol. 33, No. 1, 2008) on SSRN. Here is the abstract: Combining legal...

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Schauer on Authority

Posted on June 13, 2008
Frederick Schauer (Harvard University - John F. Kennedy School of Government) has posted Authority and Authorities (Virginia Law Review, Forthcoming) on SSRN. Here is the abstract: Although there is a rich jurisprudential literature dealing with the concept of authority in...

More from Dorf on Semantic Originalsim

Posted on June 13, 2008
Again, my apologies, I am writing this with just minutes before I have to leave for the airport gate in Mexico City--so this post is quite rushed. Check out Michael Dorf's And Now for Something Completely the Same, commenting again...

Waldeck Responds on University Endowments

Posted on June 13, 2008
Please excuse this very brief post--I'm in the Mexico City Airport on my way home from a week in Bogota lecturing at the Univesidad Externado de Columbia, but I wanted to urge interested readers to check out Sarah Waldeck's response...

Appointments Committee Chairs--Identify Yourselves at Prawfs

Posted on June 13, 2008
Here is the link. The requested information is as follows: a) the name of the chair (s) of the committee b) the law school c) whether your school divides work between entry-levels and laterals, and if so, who's responsible for...

Call for Papers: Feminist Legal History

Posted on June 12, 2008
The editors of a proposed book, Feminist Legal History: New Perspectives on Law seek submissions for contributing chapters to the book. This book is an edited collection of essays by leading scholars in law and history that offers new historical...

Call for Papers: Conglomerate Junior Scholars Workshop

Posted on June 12, 2008
The Fourth Annual Conglomerate Junior Scholars Workshop Call for Papers went up this afternoon: Back by popular demand: the Conglomerate Junior Scholars Workshop for untenured law professors or candidates entering the law teaching market this fall. The submission deadline for...

Nash on Transjurisdictional Adjudication

Posted on June 12, 2008
Jonathan Remy Nash (Tulane University School of Law) has posted The Uneasy Case for Transjurisdictional Adjudication (Virginia Law Review, Forthcoming) on SSRN. Here is the abstract: Federal courts often decide cases that include matters of state law, while state courts...

Pether on Badiou & Law

Posted on June 12, 2008
Penelope Pether (Villanova University School of Law) has posted Militant Judgment?: Judicial Ontology, Constitutional Poetics, and 'The Long War' (Cardozo Law Review, Vol. 26, No. 667, 2008) on SSRN. Here is the abstract: This Article, a contribution to the Cardozo...

Roosevelt on Detention & Interrogtation

Posted on June 12, 2008
Kermit Roosevelt III (University of Pennsylvania Law School) Detention and Interrogation in the Post-9/11 World (Suffolk University Law Review, Vol. 42, 2008) on SSRN. Here is the abstract: Our detention and interrogation policies in the wake of the terrorist attacks...

Driesen on U.S. Attorney Firings

Posted on June 12, 2008
David M. Driesen (Syracuse University - College of Law) has posted Firing U.S. Attorneys: an Essay (American Law Review, Vol. 60, No. 3, 2008) on SSRN. Here is the abstract: This essay examines the constitutional basis for Justice Department independence,...

More from Sellers on Republicanism

Posted on June 12, 2008
Mortimer (Tim) Sellers has uploaded additional chapters from his wonderful book on SSRN. Here are links to all chapters: Chapter One: Introductoin to Republican Legal Theory Chapter Two: The Origins of Republican Legal Theory Chapter Three:Republican Influences on the French...

Aroney & Allan on Australian Federalism

Posted on June 12, 2008
Nicholas Aroney and James Allan (University of Queensland - TC Beirne School of Law and The University of Queensland - T.C. Beirne School of Law) have posted An Uncommon Court: How the High Court of Australia Has Undermined Australian Federalism...

Rostron on Submitting to Law Reviews

Posted on June 10, 2008
Allen K. Rostron (University of Missouri at Kansas City - School of Law) has posted Information for Submitting Articles to Law Reviews & Journals on SSRN. Here is the abstract: This document contains information about submitting articles to law reviews...

Gardner on Honore

Posted on June 10, 2008
John Gardner has posted Tony Honor� as Teacher and Mentor: A Personal Memoir on his website. This very personal recollection is a moving tribute to Honore & also gives insight into Gardner's own intellectual formation.

Leckey on Gay Rights & Comparative Constitutionalism

Posted on June 10, 2008
Robert Leckey (McGill University - Faculty of Law) has posted Thick Instrumentalism and Comparative Constitutionalism: The Case of Gay Rights on SSRN. Here is the abstract: The paper intervenes in the burgeoning field of comparative constitutionalism...

Check out Leib on Dorf on RIght-Wing Dworkinianism

Posted on June 09, 2008
Check out Ethan Leib on Michael Dorf on Right-Wing Dworkinianism. Here is a taste: Dorf's "guilt by association" argument certainly seems plausible -- yet Amar and Balkin, both liberals, seemed able to get past "guilt by association" to embrace forms...

Griffin on Semantic Originalism & the AALS Mid-Year Constitutional Law Conference

Posted on June 09, 2008
Stephen Griffin has a post entitled Impressions from the AALS Conlaw Conference. The post touches on Semantic Originalism and the question whether it says something new about constitutional theory. Solum?s article in effect argues that using two different theories of...

Oldfatehr on De Novo Review

Posted on June 09, 2008
Chad M. Oldfather (Marquette University - Law School) has posted Universal De Novo Review (George Washington Law Review) on SSRN. Here is the abstract: This article takes up the question of why appellate courts always review questions of law pursuant...

Cox on Sovereignty & the Knights of Malta

Posted on June 09, 2008
Noel Cox (Auckland University of Technology - Faculty of Business) has posted The Continuing Question of Sovereignty and the Sovereign Military Order of Jerusalem, of Rhodes and of Malta on SSRN. Here is the abstract: The Sovereign Military Order of....

Zittrain on Ubiquitious Human Computing

Posted on June 09, 2008
Jonathan Zittrain (University of Oxford - Oxford Internet Institute) has posted Ubiquitous Human Computing on SSRN. Here is the abstract: Ubiquitous computing means network connectivity everywhere, linking devices and systems as small as a thumb tack and as large as...

Hsee & Tang on Modulus-Based Happiness Measurement

Posted on June 03, 2008
Christopher K. Hsee and Ningyu Tang (University of Chicago - Graduate School of Business) have posted Sun and Water: On a Modulus-Based Measurement of Happiness (Emotion, Vol. 7, pp. 213-218, 2007) on SSRN. Here is the abstract: Most happiness researchers...

Fairfax on Grand Juries

Posted on June 03, 2008
Roger Fairfax (George Washington University - Law School) has posted Grand Jury Discretion and Constitutional Design (Cornell Law Review, Vol. 93, No. 703, 2008) on SSRN. Here is the abstract: The grand jury possesses an unqualified power to decline to...

Davies on the Deadwood Report

Posted on June 03, 2008
Ross E. Davies (George Mason University - School of Law) has posted Deadwood Report Update: Pick Your Own Weight (Green Bag 2d, Vol. 11, No. 3, pp. 275-280, Spring 2008) on SSRN. Here is the abstract: In the teaching component...

Entry Level Hiring Report Version 5.0

Posted on June 03, 2008
Here is Version 5.0 of the 2008 Entry Level Hiring Report, with updates since Version 4.1 in blue, including new reports from Capital University, Georgetown University, New England School of Law, Northeastern University, Northern Illinois University, Northwestern University, Pepperdine University,...

Sale on In re Caremark International Inc. Derivative Litigation

Posted on June 03, 2008
Hillary A. Sale (University of Iowa - College of Law) has posted Good Faith's Procedure And Substance, In Re Caremark International Inc., Derivative Litigation (THE ICONIC CASES IN CORPORATE LAW, Macey, ed., West/Thomson, 2008) on SSRN. Here is the abstract:...

Solum on Freedom of Communicative Action

Posted on June 03, 2008
Lawrence B. Solum (your blogger) has posted Freedom of Communicative Action (Northwestern University Law Review, Vol. 83, No. 1 & 2, pp. 54-135) on SSRN. Here is the abstract: The thesis of "Freedom of Communicative Action" is that Jurgen Habermas's....

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