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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

Riskin on & Welsh on Court-Oriented Mediation

Posted on May 27, 2008
Leonard L. Riskin and Nancy Welsh (Pennsylvania State University - Dickinson School of Law) have posted Is that All There is? 'The Problem' in Court-Oriented Mediation (George Mason Law Review, Vol. 15, 2008) on SSRN. Here is the abstract: The...

Green on Toleration

Posted on May 27, 2008
Leslie Green (Oxford) has posted On Being Tolerated (The Legacy of HLA Hart, M. Kramer, et. al., eds., Oxford University Press) on SSRN. Here is the abstract: Why is it that toleration can be uncomfortable for the tolerated? And how...

Nelson on Judicial Review of Legislative Purpose

Posted on May 27, 2008
Caleb Nelson (University of Virginia - School of Law) has posted Judicial Review of Legislative Purpose (New York University Law Review, December 2008) on SSRN. Here is the abstract: When modern American courts assess the constitutionality of a statute, they...

Solum on Internet Governance

Posted on May 27, 2008
Lawrence Solum (that's me) has posted Models of Internet Governance on SSRN. Here is the abstract: Internet governance is a large, complex, and ambiguous topic. When we think about regulation of the Internet, we might be thinking about a narrow...

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Moyn on the Birth of Human Rights

Posted on May 26, 2008
Samuel Moyn (Columbia University, History) has posted Jacques Maritain, Christian New Order, and the Birth of Human Rights on SSRN. Here is the abstract: This paper traces some changes in Catholic political theory eventually taken up and extended during World...

Strandburg on Sharing Research Tools

Posted on May 26, 2008
Katherine J. Strandburg (New York University School of Law) has posted Sharing Research Tools and Materials: Homo Scientificus and User Innovator Community Norms on SSRN. Here is the abstract: This Article uses a simplified rational choice theory of social norms...

McLaughlin on Condemning Open Space

Posted on May 26, 2008
Nancy A. McLaughlin (University of Utah - S.J. Quinney College of Law) has posted Condemning Open Space: Making Way for National Interest Electric Transmission Corridors (or Not) (Virginia Environmental Law Journal, Vol. 26, p. 399, 2008) on SSRN. Here is...

Green on the Inseparability of Law & Morals

Posted on May 26, 2008
Leslie Green has posted Positivism and the Inseparability of Law and Morals (New York University Law Review, Forthcoming) on SSRN. Here is the abstract: This is the penultimate draft of a paper originally presented at the Hart-Fuller at 50 conference,...

Singer on Normative Methods for Lawyers

Posted on May 26, 2008
Joseph Singer posted Normative Methods for Lawyers back in February, but I missed it. Here is the abstract: How can we defend arguments about what the law should be based on considerations of morality, justice, fairness, liberty, rights, or human...

Paulsen on Stare Decisis

Posted on May 26, 2008
Michael Stokes Paulsen (University of St. Thomas School of Law) has posted Does the Supreme Court's Current Doctrine of Stare Decisis Require Adherence to the Supreme Court's Current Doctrine of Stare Decisis (North Carolina Law Review. Vol. 85, 2008) on...

Legal Theory Lexicon: Baselines

Posted on May 25, 2008
Introduction Most undergraduates are likely to become acquainted with John Stuart Mill's famous harm principle at some point. Here is how he stated the principle in On Liberty: The object of this Essay is to assert one very simple principle,...

Griffin Replies to Balkin on Text and Principle

Posted on May 24, 2008
Stephen Griffin has a post entitled Text and Principle: Further Thoughts, which replies to Jack Balkin's Text, Principle, and Living Constitutionalism (which in turn replied to Griffin's Can Living Constitutionalism Be Defended?). Here is a taste of Griffin's latest post,...

Anderson on the Two Cultures of Legal Scholarship

Posted on May 24, 2008
Check out Ken Anderson's The 'New Two Cultures' of Legal Scholarship: The Humanities and Social Science (A Note to Joe Singer) on Opinio Juris. Here is a taste: Fifty years ago, in the late 1950s, C.P. Snow published that famous...

Legal Theory Bookworm

Posted on May 24, 2008
The Legal Theory Bookworm recommends Understanding Privacy by Daniel J. Solove. Here is a description: Privacy is one of the most important concepts of our time, yet it is also one of the most elusive. As rapidly changing technology makes...

Download of the Week

Posted on May 24, 2008
The Download of the Week is An Originalism for Foreign Affairs? by Ingrid B. Wuerth. Here is the abstract: Legal scholarship on foreign affairs frequently focuses on the Constitution's text and original meaning, but generally does not fully engage debates...

Collett on Judicial Modesty

Posted on May 23, 2008
Teresa Stanton Collett (University of St. Thomas School of Law) has posted Judicial Modesty and Abortion (South Carolina Law Review, 2008) on SSRN. Here is the abstract: During his confirmation hearings before the Judiciary Committee of the United States Senate,...

Sadurski on Equality & Legitimacy

Posted on May 23, 2008
Wojciech Sadurski (European University Institute - Department of Law) has posted Introduction: Equality and Legitimacy (Wojciech Sadurski, EQUALITY AND LEGITIMACY, Introduction, Oxford University Press, May 2008) on SSRN. Here is the abstract: This is the text of Introduction to my...

Aubuchon on Durkheim & Rehabilitation

Posted on May 23, 2008
Ashley T. Aubuchon (University of California, Berkeley - Jurisprudence and Social Policy Program) has posted Rehabilitating Durkheim: Social Solidarity and Rehabilitation in Eastern State Penitentiary, 1829-1850 on SSRN. Here is the abstract: Durkheim famously postulated that crime tears at the...

Blomquist on Creative Moments in American Law

Posted on May 23, 2008
Robert F. Blomquist (Valparaiso University - Law School) has posted Thinking About Law and Creativity: On the 100 Most Creative Moments in American Law on SSRN. Here is the abstract: In most cultural contexts creativity is viewed as an unalloyed...

Pardo on the Self-Incrimination

Posted on May 23, 2008
Michael S. Pardo (University of Alabama School of Law) has posted Self-Incrimination and the Epistemology of Testimony (Cardozo Law Review, Vol. 30) on SSRN. Here is the abstract: The United States Supreme Court's limitation of the privilege against self-incrimination to...

Bilder on the Historiography of Judicial Review

Posted on May 23, 2008
Mary Sarah Bilder (Boston College - Law School) has posted Idea or Practice: A Brief Historiography of Judicial Review (Journal of Policy History, Vol. 20, No. 1,pp. 6-26, 2008) on SSRN. Here is the abstract: Judicial review may be the...

Lemley on Lost Profits & Reasonable Royalities

Posted on May 22, 2008
Mark A. Lemley (Stanford Law School) has posted Distinguishing Lost Profits from Reasonable Royalties on SSRN. Here is the abstract: Patent damages are designed to compensate patentees for their losses, not to punish accused infringers or require them to disgorge...

Khan on Divine Texts

Posted on May 22, 2008
Ali Khan (Washburn University - School of Law) has posted The Immutability of Divine Texts (Brigham Young University Law Review, Forthcoming) on SSRN. Here is the abstract: Divine texts are universal and timeless. They continue to guide communities and generations...

Wuerth on Originalism & Foreign Affairs

Posted on May 22, 2008
Ingrid B. Wuerth (Vanderbilt University Law School) has posted An Originalism for Foreign Affairs? on SSRN. Here is the abstract: Legal scholarship on foreign affairs frequently focuses on the Constitution's text and original meaning, but generally does not fully engage...

Leiter on Janaway on Nietzsche

Posted on May 22, 2008
Brian Leiter (University of Texas at Austin - School of Law & Department of Philosophy) has posted Janaway on Nietzsche, Genealogy, and Naturalism: A Critical Review on SSRN. Here is the abstract: This is a review essay (forthcoming in Notre...

Vladeck on Habes & the District of Columbia

Posted on May 22, 2008
Stephen I. Vladeck (American University Washington College of Law) have posted The Riddle of the One-Way Ratchet: Habeas Corpus and the District of Columbia (Green Bag 2d, Vol. 11, Summer 2008) on SSRN. Here is the abstract: In his dissent...

Estin on Family Law & Federalism

Posted on May 22, 2008
Ann Laquer Estin (University of Iowa - College of Law) has posted Sharing Governance: Family Law in Congress and the States on SSRN. Here is the abstract: Despite the federalism rhetoric that still marks political debate and judicial opinions, family...

Two Versions of Living Constitutionalism

Posted on May 21, 2008
Stephen Griffin has a post on Balkinization entitled Can Living Constituitonalism? So what is LC? If we factor out the versions that even Justices Sutherland and Rehnquist would have agreed to (such as amendments can change the document fundamentally and...

Ross on Puritan Jurisprudence

Posted on May 21, 2008
Richard Ross (University of Illinois) has posted The Career of Puritan Jurisprudence on SSRN. Here is the abstract: This essay explores the long, complex history of an idea often taken for granted today: that early Massachusetts lived under something called...

Sunstein on Irreversible Environmental Harm

Posted on May 21, 2008
Cass R. Sunstein (University of Chicago - Law School) has posted Two Conceptions of Irreversible Environmental Harm on SSRN. Here is the abstract: The concept of "irreversibility" plays a large role in the theory and practice of environmental protection...

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