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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

Two Papers on Convergence in European Contract Law

Posted on May 15, 2008
Jan M. Smits (Tilburg University - Tilburg Institute of Comparative and Transnational Law) has posted Contract Law in the European Union: Convergence or Not? (Sammelband, Vol. 4, pp. 45-65, Europäischer Juristentag, May 2008) on SSRN. Here is the abstract: This...

Freiwald on Communications' Privacy

Posted on May 15, 2008
Susan Freiwald (University of San Francisco School of Law) has posted A First Principles Approach to Communications' Privacy (Stanford Technology Law Review, 2007) on SSRN. Here is the abstract: Under current doctrine, parties to a communication enjoy robust constitutional protection...

Page on State Secret Claims

Posted on May 15, 2008
Michael H. Page (Cornell Law School) has posted Judging Without the Facts: A Schematic for Reviewing State Secrets Privilege Claims (Cornell Law Review, Vol. 93, No. 6, 2008) on SSRN. Here is the abstract: The state secrets privilege is unique...

Arewa on Borrowing the Blues

Posted on May 15, 2008
Olufunmilayo Arewa (Northwestern University - School of Law) has posted Borrowing the Blues: Copyright and the Contexts of Robert Johnson on SSRN. Here is the abstract: In 2004, Eric Clapton released the DVD-CD Sessions for Robert J and the CD...

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How to Avoid Grading: Part Two

Posted on May 15, 2008
Read the California Supreme Court's decision and opinions in In re Marriage Cases. 174 pages, but they are double spaced. The decision rests on Article One, Section One, of the California Constitution: "Article I, section 1 provides: ?All people are....

Fineman on Vulnerability & Equality

Posted on May 15, 2008
Martha Albertson Fineman (Emory University - School of Law) has posted The Vulnerable Subject: Anchoring Equality in the Human Condition (Yale Journal of Law & Feminism, Vol. 20, No. 1, 2008) on SSRN. Here is the abstract: This essay develops...

Bainbridge on Smith v. van Gorkom

Posted on May 14, 2008
Stephen Bainbridge has posted Smith v. Van Gorkom on SSRN. Here is the abstract: Smith v. Van Gorkom arguably was the most important corporate law decision of the 20th century. The supreme court of a state widely criticized for allegedly...

More from Griffin on Semantic Originalism

Posted on May 14, 2008
A bit more than two weeks ago, Stephen Griffin had some very illuminating questions and comments about Semantic Originalism. I replied in a series of posts (links here and downloadble version here). Now Griffin some further thoughts: Solum on Semantic...

Wu on Tolerated Use

Posted on May 14, 2008
Tim Wu (Columbia University - Columbia Law School) has posted Tolerated Use on SSRN. Here is the abstract: "Tolerated use" is a term that refers to the contemporary spread of technically infringing, but nonetheless tolerated use of copyrighted works. Such...

Spivack on Abortion Law in Early Modern England

Posted on May 14, 2008
Carla Spivack (Oklahoma City University SChool of Law) has posted To Bring Down the Flowers: The Cultural Context of Abortion Law in Early Modern England on SSRN. Here is the abstract: This article takes issue with claims made by Joseph...

Broome & Krawiec on Board Diversity & Signaling

Posted on May 14, 2008
Lissa L. Broome and Kimberly D. Krawiec (University of North Carolina at Chapel Hill - School of Law and University of North Carolina at Chapel Hill - School of Law) have posted Signaling Through Board Diversity: Is Anyone Listening? (University...

Brunell on Leegin Creative Leather Products v. PSKS

Posted on May 14, 2008
Richard Brunell (Boston College - Law School) has posted Overruling Dr. Miles: The Supreme Trade Commission in Action (Antitrust Bulliten, Vol. 52, No. 3-4, 2007) on SSRN. Here is the abstract: This article sharply criticizes the Supreme Court's decision in...

Hunter & Quiggan on Innovation & Incentives

Posted on May 14, 2008
Dan Hunter and John Quiggin (University of Melbourne - Law School and University of Queensland - Business School) have posted Money Ruins Everything (Hastings Communications and Entertainment Law Journal, Vol. 30, 2008) on SSRN. Here is the abstract: In the...

How to Avoid Grading: Part One

Posted on May 13, 2008
Here are some things to do while you avoid grading: Browse some of the new and revised entries on the Stanford Encyclopedia of Philosophy: Feminist Perspectives on Sex and Gender (Mari Mikkola) Essential vs. Accidental Properties (Teresa Robertson) Ethics of...

Cain on Fair Taxation of Families

Posted on May 13, 2008
Patricia A. Cain (Santa Clara University - School of Law) has posted Taxing Families Fairly (Santa Clara Law Review, Vol. 48, No. 805, 2008) on SSRN. Here is the abstract: This article focuses on the historical role of state marital...

Richardson on Environmental Standards for Socially Responsible Investing

Posted on May 13, 2008
Benjamin J. Richardson (York University - Osgoode Hall Law School) has posted Socially Responsible Investment Law: Regulating the Unseen Polluters on SSRN. Here is the abstract: This new book argues that environmental law must target the financial sector, which sponsors...

Bainbridge on Investor Activism

Posted on May 13, 2008
Stephen M. Bainbridge (University of California, Los Angeles - School of Law) has posted Investor Activism: Reshaping the Playing Field? on SSRN. Here is the abstract: Shareholders of U.S. corporations historically tended towards rational apathy. Holding small blocks that were...

Long on Massachusetts v. EPA

Posted on May 13, 2008
Andrew Long (University of Louisville - Louis D. Brandeis School of Law) has posted Standing & Consensus: Globalism in Massachusetts v. EPA (23 Journal of Environmental Law & Litigation, Vol. 23, No. 73, 2008) on SSRN. Here is the abstract:...

Perlin & Szeli on Mental Health Law & Human Rights

Posted on May 13, 2008
Michael L. Perlin and Eva Szeli (New York Law School and New York Law School) have posted Mental Health Law and Human Rights: Evolution and Contemporary Challenges on SSRN. Here is the abstract: In this chapter, we will consider the...

Semeraro on Scrutiny for Property Rights

Posted on May 13, 2008
Steven Semeraro (Thomas Jefferson School of Law) has posted Is There a Sweet Land of Property?: The History, Symbols, Rhetoric, and Theory Behind the Ordering of the Rights to Liberty and Property in the Constitutional Lexicon on SSRN. Here is...

Wright & Manne on the Future of Law and Economics (with an update in red)

Posted on May 13, 2008
Josh Wright has posted Part V of his series on the Future of Law and Economics, which includes a reply from Henry Manne. Here is a taste of Manne: I really do not think that we should be bothering in...

Levy on Constitutions without Social Contracts

Posted on May 12, 2008
Jacob T. Levy (McGill University - Department of Political Science) has posted Not so Novus an Ordo: Constitutions without Social Contracts on SSRN. Here is the abstract: Social contract theory imagines political societies as resting on a fundamental agreement, adopted...

Kerr, Balkin, and Solove on Constitution Theory

Posted on May 12, 2008
Check out Orin Kerr's Selling Liberal Constitutionalism, Jack Balkin's What Liberal Constitutionalism Has Going For It, and Dan Solove's Constituitonalism and Legitimacy. Here is a taste from Balkin: In fact, Scalia isn't really an originalist at all...

Zumbansen on Law after the Welfare State

Posted on May 12, 2008
Peer Zumbansen (York University - Osgoode Hall Law School) has posted Law after the Welfare State: Formalism, Functionalism and the Ironic Turn of Reflexive Law (American Journal of Comparative Law, Vol. 56, 2008) on SSRN. Here is the abstract: The...

Tamanaha on the Lexicon on the Nature of Law

Posted on May 12, 2008
Brian Tamanaha comments on the latest Lexicon entry over at Balkinization. His thoughtful reaction prompted the following addition to my post: In some ways, the title of this Lexicon entry is misleading, because of our focus on the "What is...

Marmor on Pragmatics & Legal Language

Posted on May 12, 2008
Andrei Marmor (University of Southern California - Law School) has posted The Pragmatics of Legal Language on SSRN. Here is the abstract: In most standard cases, the content of the law is tantamount to the content that is communicated by...

Book Announcement: Expounding the Constitution, Edited by Huscroft

Posted on May 12, 2008
Grant Huscroft (University of Western Ontario - Faculty of Law) has posted Expounding the Constitution: Essays in Constitutional Theory (EXPOUNDING THE CONSTITUTION: ESSAYS IN CONSTITUTIONAL THEORY, Grant Huscroft, ed., New York: Cambridge University Press, 2008) on SSRN...

Horwitz on Posner & Powell on Judging

Posted on May 12, 2008
Paul Horwitz (University of Alabama School of Law) has posted Review - Constitutional Conscience: The Moral Dimension of Judicial Decision, by H. Jefferson Powell, and How Judges Think, by Richard A. Posner on SSRN. Here is the abstract: This is...

Legal Theory Lexicon: The Nature of Law

Posted on May 11, 2008
Introduction What is the nature of law? This question has occupired center stage jurisprudence and philosophy of law in the modern era, and has been the central occupation of contemporary analytic jurispurdence. This entry in the Legal Theory Lexicon aims...

Legal Theory Bookworm

Posted on May 10, 2008
The Legal Theory Bookworm recommends The Future of the Internet--And How to Stop It by Jonathan Zittrain. Here is a description: This extraordinary book explains the engine that has catapulted the Internet from backwater to ubiquity?and reveals that it is...

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