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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

Lash on the Establishment Clause

Posted on May 21, 2008
Kurt T. Lash (Loyola Law School Los Angeles) has posted The Second Adoption of the Establishment Clause: The Rise of the Non-Establishment Principle (Arizona State Law Journal, Vol. 27, No. 1085, 1995) on SSRN. Here is the abstract: In the...

Pundik on Statistical Evidence

Posted on May 21, 2008
Amit Pundik (Hughes Hall, University of Cambridge) has posted What is Wrong with Statistical Evidence? The Attempts to Establish an Epistemic Deficiency on SSRN. Here is the abstract: Many people have an intuition that something is fundamentally different between statistical...

Hylton on Public Nuisance

Posted on May 21, 2008
Keith N. Hylton (Boston University - School of Law) has posted The Economics of Public Nuisance Law and the New Enforcement Actions (Supreme Court Economic Review, Symposium on Public Nuisance, Forthcoming) on SSRN. Here is the abstract: In contrast to...

Lofaso on Recent NLRB Decisions

Posted on May 21, 2008
Anne Marie Lofaso (West Virginia University - College of Law) has posted September Massacre: The Latest Battle in the War on Workers' Rights Under the National Labor Relations Act on SSRN. Here is the abstract: This paper, electronically distributed on...

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Symeonides on Result Selectivisim

Posted on May 21, 2008
Symeon C. Symeonides (Willamette University - College of Law) has posted Result-Selectivism in Private International Law (Roman. Priv. Int'l L.& Comp.Priv. L. Rev., 2008) on SSRN. Here is the abstract: One of the basic dilemmas of conflicts law, or private...

Baker & Griffith on D&O Insurance & Securities Settlements

Posted on May 20, 2008
Tom Baker and Sean J. Griffith (University of Connecticut School of Law and Fordham Law School) have posted How the Merits Matter: D&O Insurance and Securities Settlements on SSRN. Here is the abstract: This Article seeks what may be the...

Turner on Voluntary Integration & Equal Protection

Posted on May 20, 2008
Ronald Turner (University of Houston Law Center) has posted The Voluntary School Integration Cases and the Contextual Equal Protection Clause (Howard Law Journal, Vol. 51, 2008) on SSRN. Here is the abstract: The United States Supreme Court, in a long...

White on Banning Subprime Mortgages

Posted on May 20, 2008
Alan M. White (Valparaiso University School of Law) has posted The Case for Banning Subprime Mortgage (University of Cincinnati Law Review, 2008) on SSRN. Here is the abstract: While the subprime mortgage boom was in full swing, its benefits to...

Meyerson on Equality Guarantees

Posted on May 20, 2008
Denise Meyerson (Macquarie University - Division of Law) has posted Equality Guarantees and Distributive Inequity (Public Law Review, Vol. 19, pp. 32-51, 2008) on SSRN. Here is the abstract: Australian bills of rights are confined to the protection of civil...

Lauritch on Perceptions & Consent in Genetic Testing

Posted on May 20, 2008
Melissa Lauritch (Marquette University Law School) has posted Perceptions of Genetic Testing and Implications for Informed Consent on SSRN. Here is the abstract: Genetic testing is becoming more and more common to identify diseases in young children, and there is...

Andrews on Customary Marriages in South Africa

Posted on May 20, 2008
Penelope Andrews has posted 'Big Love?' The Recognition of Customary Marriages in South Africa (Washington and Lee Law Review, Vol. 64, No. 4, 2007) on SSRN. Here is the abstract: This Comment contextualizes the issue of polygamous marriages within the...

Solove on Entry Level Hiring

Posted on May 19, 2008
Dan Solove reports the percentage of JD Applicants who registered for the FAR (from AALS data) who received entry-level jobs (from my data). This yields a percentage-placed statistic. Unsurpisingly, Yale is number one with 45%, followed by Chicago at 43%,...

Choi, Gulati, and Posner Rank State Courts

Posted on May 19, 2008
Stephen J. Choi , G. Mitu Gulati and Eric A. Posner (New York University - School of Law , Duke University - School of Law and University of Chicago - Law School) have posted Which States Have the Best (and...

Dudziak on Thurgood Marshall's Bill of Rights for Kenya

Posted on May 19, 2008
Mary L. Dudziak (University of Southern California Law School) has posted Thurgood Marshall's Bill of Rights for Kenya (Green Bag 2d, Vol. 11, p. 307, Spring 2008) on SSRN. Here is the abstract: In Thurgood Marshall's office after his death,...

Bell on Prediction Markets & the Law

Posted on May 19, 2008
Tom W. Bell (Chapman University School of Law) has posted Private Prediction Markets and the Law (Journal of Prediction Markets, 2008) on SSRN. Here is the abstract: This paper analyses the legality of private prediction markets under U.S. law, describing...

Loren on Creative Motivation & Copyright

Posted on May 19, 2008
Lydia Pallas Loren (Lewis & Clark Law School) has posted The Pope's Copyright? Aligning Incentives with Reality by Using Creative Motivation to Shape Copyright Protection (Louisiana Law Review, Forthcoming) on SSRN. Here is the abstract: In the United States utilitarian...

Guerra-Pujol on Game Theory & the Status of Puerto Rico

Posted on May 19, 2008
F.E. Guerra-Pujol (Catholic University of Puerto Rico) has posted Puerto Rico as a Critical Locality: Is a Post-Colonial Puerto Rico Possible? A Game-Theoretic Analysis of the Impasse over Puerto Rico's Status on SSRN. Here is the abstract: The author applies...

Levi on Martin on Indecency

Posted on May 19, 2008
Lili Levi (University of Miami - School of Law) has posted Chairman Kevin Martin on Indecency: Enhancing Agency Power (Federal Communications Law Journal, Vol. 60, p. 19, 2008) on SSRN. Here is the abstract: This Essay is an invited on-line...

Legal Theory Lexicon: Social Welfare Functions

Posted on May 18, 2008
Introduction One of the key ideas in contemporary economic theory in general and law and economics in particular is the social welfare function. Law students without a background in economics might be put off by the fact that social welfare...

Download of the Week

Posted on May 17, 2008
The Download of the Week is Pragmatics of Legal Language by Andrei Marmor. Here is the abstract: In most standard cases, the content of the law is tantamount to the content that is communicated by the relevant legal authority. It...

Legal Theory Bookworm

Posted on May 17, 2008
The Legal Theory Bookworm recommends Dishonorable Passions: Sodomy Laws in America, 1861-2003 by Jr., William N. Eskridge. Here is a description: From the Pentagon to the wedding chapel, there are few issues more controversial today than gay rights. As William...

Harmon on Police Violence

Posted on May 16, 2008
Rachel Harmon (University of Virginia - School of Law) has posted A Justification Theory of Police Violence (Northwestern University Law Review, Forthcoming) on SSRN. Here is the abstract: The Supreme Court's Fourth Amendment doctrine regulating police violence, including its recent...

Seymore on Enablement

Posted on May 16, 2008
Sean B. Seymore (Washington and Lee University - School of Law) has posted The Enablement Pendulum Swings Back (Northwestern Journal of Technology and Intellectual Property, Forthcoming) on SSRN. Here is the abstract: Possibly in response to criticisms that the U...

Gilhooley on FDA Preemption of Tort LIability (Wyeth v. Levine)

Posted on May 16, 2008
Margaret Gilhooley (Seton Hall University - School of Law) has posted The Battle Over Drug Preemption Reaches the Supreme Court: How Wide the Impact? on SSRN. Here is the abstract: The extent to which FDA decisions preempt tort liability for...

Davies on Assured Supply Laws, Sprawl, and Water Use

Posted on May 16, 2008
Lincoln Davies (S.J. Quinney College of Law, University of Utah and Stanford University) has posted Just a Big, "Hot Fuss"? Assessing the Value of Connecting Suburban Sprawl, Land Use, and Water Rights Through Assured Supply Laws (Ecology Law Quarterly Vol...

Kanter on Morse v. Frederick

Posted on May 16, 2008
Stephen Kanter (Lewis & Clark Law School) has posted Bong Hits 4 Jesus as a Cautionary Tale of Two Cities (Lewis & Clark Law Review, Vol. 12, No. 1, 2008) on SSRN. Here is the abstract: This article closely analyzes...

Avraham & Bustos on Damage Caps & Settlement

Posted on May 16, 2008
Ronen Avraham and Alvaro E. Bustos (Northwestern University - School of Law and Northwestern University - School of Law) have posted The Unexpected Effect of Tort Reform: Do Caps Accelerate Settlements? on SSRN. Here is the abstract: We study the...

Call for Papers: ILSA at Heberw University, Jerusalem

Posted on May 16, 2008
Annual ILSA Meeting Global, Regional, and Local: Law, Politics, and Society in Comparative Perspectives The Hebrew University of Jerusalem December 24-26, 2008 CALL FOR PAPERS The Program Committee of the Annual International Conference of the Israeli Law and Society (ILSA)...

Lederman on the Marriage Cases

Posted on May 16, 2008
Marty Lederman has a very short and spot-on post on Balkinization about the long-run significance of the California Supreme Court's decision in In re Marriage Cases.

Krishnan & Macauley on the Influence of Marc Galanter

Posted on May 15, 2008
Jayanth K. Krishnan and Stewart Macaulay (William Mitchell College of Law and University of Wisconsin Law School) have posted Toward the Next Generation of Galanter-Influenced Scholars: The Influential Reach of a Law-and-Society Founder (Law and Contemporary Problems, Forthcoming) on SSRN...

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