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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

Travis on Benefits of the ADA for the Nondisabled

Posted on June 02, 2008
Michelle A. Travis (University of San Francisco - School of Law) has posted Lashing Back at the ADA Backlash: How the Americans With Disabilities Act Benefits Americans Without Disabilities (Tennessee Law Review, Vol. 76) on SSRN. Here is the abstract:...

Martinico on Comparative Law & European Integration

Posted on June 02, 2008
Giuseppe Martinico (Sant'Anna School of Advanced Studies) has posted Comparative Legal Studies and European Integration: Looking at the Origins of the Debate (Boletín Mexicano de Derecho Comparado, No.122, pp. 859-883, May-August 2008) on SSRN. Here is abstract: The goal of...

Thornton Law Schools & Markets

Posted on June 02, 2008
Margaret Thornton (Australian National University - ANU College of Law) has posted The Law School, the Market and the New Knowledge Economy (Legal Education Review, Vol. 17, Nos. 1-2, pp. 1-26, 2007) on SSRN. Here is the abstract: This paper...

Kruse on In re Gault

Posted on June 02, 2008
Katherine R. Kruse (William S. Boyd School of Law, UNLV) has posted In Re Gault and the Promise of Systemic Reform (Tennessee Law Review, Vol. 75, No. 287, 2008) on SSRN. Here is the abstract: The right to counsel for...

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Backer on Sovereign Wealth

Posted on June 02, 2008
Larry Catá Backer (Pennsylvania State University - Dickinson School of Law) has posted The Private Law of Public Law: Public Authorities as Shareholders, Golden Shares, Sovereign Wealth Funds, and the Public Law Element in Private Choice of Law (Tulane Law...

Kysar & Meyler on States & Foreign Affairs

Posted on June 02, 2008
Douglas A. Kysar and Bernadette A. Meyler (Yale Law School and Cornell University - School of Law) have posted Like a Nation State (UCLA Law Review, Vol.55, No. 6, 2008) on SSRN. Here is the absbract: Using California's self-consciously internationalist...

Call for Papers: Midwest Law & Society Retreat at Wisconsin

Posted on June 02, 2008
PROPOSAL DEADLINE EXTENDED TO June 15TH Invitation and Call for Proposals Midwest Law and Society Retreat September 19-20, 2008 at the University of Wisconsin-Madison Hosted by the Institute for Legal Studies INVITATION: Faculty, independent scholars, and graduate students are cordially...

Legal Theory Lexicon: Rules, Standards, and Principles

Posted on June 01, 2008
Introduction Early on in law school, law students begin to realize that legal norms are not all cut from the same cloth. Some rules provide "bright lines," others "fuzzy lines," and yet others, no lines at all. The "reasonable person"...

Legal Theory Bookworm

Posted on May 31, 2008
The Legal Theory Bookworm recommends Thinking How to Live by Allan Gibbard. Here is a description: Philosophers have long suspected that thought and discourse about what we ought to do differ in some fundamental way from statements about what is....

Download of the Week

Posted on May 31, 2008
The Download of the Week is Positivism and the Inseparability of Law and Morals by Leslie Green. Here is the abstract: This is the penultimate draft of a paper originally presented at the Hart-Fuller at 50 conference, held at the...

Somin on Bork & Censorship

Posted on May 30, 2008
Ilya Somin (George Mason University - School of Law) has posted The Borkean Case Against Robert Bork's Case for Censorship (Harvard Journal of Law and Public Policy, Vol. 31, No. 2, Spring 2008) on SSRN. Here is the abstract: In...

Suk on Privacy

Posted on May 30, 2008
Jeannie Suk (Harvard University - Harvard Law School) has posted Is Privacy a Woman? (Georgetown Law Journal, 2009) on SSRN. Here is the abstract: This essay is about the representation of privacy. Focusing on several of the Supreme Court's Fourth...

Rierson on IP Remedies

Posted on May 30, 2008
Sandra Rierson (Thomas Jefferson School of Law) has posted IP Remedies After eBay: Assessing the Impact on Trademark Law (Akron Intellectual Property Journal, Vol. 2, p. 163, 2008) on SSRN. Here is the abstract: The Supreme Court's decision in eBay...

Strandburg on Relational Surveillance

Posted on May 30, 2008
Katherine J. Strandburg (New York University School of Law) has posted Freedom of Association in a Networked World: First Amendment Regulation of Relational Surveillance (Boston College Law Review, Vol. 49, No. 741, 2008) on SSRN. Here is the abstract: Recent...

Blair on 501(C)(3)s & Political Speech

Posted on May 30, 2008
Keith Blair (University of Baltimore - School of Law) hs posted Praying for a Tax Break: Churches, Political Speech and the Loss of Section 501(C)(3) Tax Exempt Status (Denver University Law Review, Forthcoming ) on SSRN. Here is the abstract:...

Atkinson on the Duty of Obedience

Posted on May 30, 2008
Rob Atkinson Jr. (Florida State University College of Law) has posted Rediscovering the Duty of Obedience: Toward a Trinitarian Theory of Fiduciary Duty on SSRN. Here is the abstract: Conventional theory holds that the fiduciary relationship comprises two fundamental duties,...

Bartow on Pornography & Copyright

Posted on May 29, 2008
Ann Bartow (University of South Carolina) has posted Pornography, Coercion, and Copyright Law 2.0 on SSRN. Here is the abstract: The lack of regulation of the production of pornography in the United States leaves pornography performers exposed to substantial risks...

Kaye on DNA Trawling

Posted on May 29, 2008
David H. Kaye (Arizona State University - Sandra Day O'Connor College of Law - School of Life Science) has posted Rounding Up the Usual Suspects: A Logical and Legal Analysis of DNA Trawling Cases (North Carolina Law Review, Forthcoming) on...

Adamson on Rule FRCP 52(A)

Posted on May 29, 2008
Bryan L Adamson (Seattle University School of Law) has posted Federal Rule of Civil Procedure 52(A) as an Ideological Weapon? on SSRN. Here is the abstract: In this article, the author explores Federal Rule of Civil Procedure 52(a) and standard...

Rosenblum on Gender & International Law Theory

Posted on May 29, 2008
Darren Rosenblum (Pace Law School) has posted Internalizing Gender: Why International Law Theory Should Adopt Comparative Methods (Columbia Journal of Transnational Law, Vol. 45, 2007) on SSRN. Here is the abstract: This Article uses the example of international women's political...

Stramignoni on Babiou

Posted on May 29, 2008
Igor Stramignoni (London School of Economics - Law Department) has posted Badiou's Nocturnal Jurisprudence (Cardozo Law Review, Forthcoming) on SSRN. Here is the abstract: How, in the philosophy of Alain Badiou, is the relation between thought and language, the true...

Russi on Unfair Good Faith Performance

Posted on May 29, 2008
Luigi Russi (Bocconi University) has posted Can Good Faith Performance Be Unfair? An Economic Framework for Understanding the Problem (Whittier Law Review, Vol. 29, No. 3, 2008) on SSRN. Here is the abstract: The paper deals with the duty of...

Kalt on Tabloid Constitutionalism

Posted on May 28, 2008
Brian C. Kalt (Michigan State University College of Law) has posted Tabloid Constitutionalism: How a Bill Doesn't Become a Law (Georgetown Law Journal, Vol. 96, No. 6, 2008) on SSRN. Here is the abstract: What does it take to get...

Strandburg on a Business Method Use Exemption to Patent Infringement

Posted on May 28, 2008
Katherine J. Strandburg (New York University School of Law) has posted What If There Were a Business Method Use Exemption to Patent Infringement? (Michigan State Law Review, Vol. 2008, p. 245, 2008) on SSRN. Here is the abstract: The Federal...

Tucker on End-of-Life Choice & Federalism

Posted on May 28, 2008
Kathryn L. Tucker (Compassion & Choices) has posted In the Laboratory of the States: The Progress of Glucksberg's Invitation to States to Address End-of-Life Choice (Michigan Law Review, Vol. 106, p. 1593, 2008) on SSRN. Here is the abstract: It...

Markovits on Second Best & Third Best

Posted on May 28, 2008
Richard S. Markovits (University of Texas Law School) has posted Two Distortion-Analysis Approaches to Economic-Efficiency Analysis: A Third-Best-Economically-Efficient Response to the General Theory of Second Best on SSRN. Here is the abstract: The General Theory of Second Best argues that,...

Thornton on Merit, Gender, and Judicial Selection

Posted on May 28, 2008
Margaret Thornton (Australian National University - ANU College of Law) has posted "Otherness" on the Bench: How Merit is Gendered (Sydney Law Review, vol. 29, No. 3, pp. 391-413, 2007) on SSRN. Here is the abstract: This paper focuses on...

Casebeer on At-Will Employment

Posted on May 28, 2008
Kenneth M. Casebeer (University of Miami - School of Law) has posted At-Will Employment (THE ENCYCLOPEDIA OF US LABOR AND WORKING-CLASS HISTORY, Vol. 136, Eric Arneson, ed., Routledge, 2007, University of Miami Legal Studies Research Paper) on SSRN. Here is...

Dillon on Social Orphans

Posted on May 27, 2008
Sara A. Dillon (Suffolk University Law School) has posted The Missing Link: A Social Orphan Protocol to the United Nations Convention on the Rights of the Child (Human Rights and Globalization Law Review, Vol. 1, p. 41, 2008) on SSRN....

Brown on Guest Workers

Posted on May 27, 2008
Eleanor Marie Brown (Harvard Law School) has posted Taking the Guess Work Out of Guest Work: The Promise of Cross-National Cooperation and Ex Ante Screening in Improving Immigration Compliance on SSRN. Here is the abstract: Primary impediments to the passage...

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