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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

Download of the Week

Posted on May 10, 2008
The Download of the Week is Salience Reasoning by Gerald J. Postema. Here is the abstract: The thesis of this essay is that social conventions of the kind Lewis modeled are generated and maintained by a form of practical reasoning...

Kaswan on Domestic Responses to Climate Control

Posted on May 09, 2008
Alice Kaswan (University of San Francisco - School of Law) has posted The Domestic Response to Global Climate Change: What Role for Federal, State, and Litigation Initiatives? (University of San Francisco Law Review, Vol. 42, No. 1, 2007) on SSRN....

Kaye on Tort Theory

Posted on May 09, 2008
Timothy S. Kaye (Stetson University College of Law) has posted Rights Gone Wrong: The Failure of Fundamentalist Tort Theory on SSRN. Here is the abstract: This article challenges the notion that tort law must be explained and justified either by...

Andersen on the United Effort Plan Trust Litigation

Posted on May 09, 2008
Eric G. Andersen (University of Iowa - College of Law) has posted Protecting Religious Liberty Through the Establishment Clause: The Case of the United Effort Plan Trust Litigation (Utah Law Review, September 2008) on SSRN. Here is the abstract: The....

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Hathaway on the New Haven School of International Law

Posted on May 09, 2008
Oona A. Hathaway (Yale University - Law School) has posted The Continuing Influence of the New Haven School (Yale Journal of International Law, Vol. 32, No. 2, 2007) on SSRN. Here is the abstract: This Commentary examines the deep and...

Hylton on the Law & Economics of Monopolization Standards

Posted on May 09, 2008
Keith N. Hylton (Boston University - School of Law) has posted The Law and Economics of Monopolization Standards (Antitrust Law and Economics, 2009) on SSRN. Here is the abstract: This chapter provides a survey of the law and literature on...

Sebok on Nagareda on Mass Torts

Posted on May 09, 2008
Anthony J. Sebok (Yeshiva University - Benjamin N. Cardozo School of Law) has posted What Do We Talk About When We Talk About Mass Torts? (Michigan Law Review, Vol. 106, p. 1213, 2008) on SSRN. Here is the abstract: This...

Sarat & Clarke on Prosecutorial Discretion

Posted on May 08, 2008
Austin Sarat & Clonor Clarke's Beyond Discretion: Prosecution, the Logic of Sovereignty, and the Limits of Law is online and available in Law & Social Inquiry. Here is the abstract: Today it is widely recognized in both academic literature and...

Spottswood on Insincerity & Freedom of Expression

Posted on May 08, 2008
Mark Spottswood (U.S. District Court for the Northern District of Illinois) has posted Falsity, Insincerity, and the Freedom of Expression (William & Mary Bill of Rights Journal, Vol. 16, No. 4, 2008) on SSRN. Here is the abstract: Three decades...

Bezanson on Art & the Constitution

Posted on May 08, 2008
Randall P. Bezanson (University of Iowa College of Law) has posted Art and the Constitution (Iowa Law Review, Forthcoming) on SSRN. Here is the abstract: Art and the Constitution addresses a longstanding problem in free speech theory: the status of...

Kraus on Precedent in Contract Law

Posted on May 08, 2008
Jody S. Kraus (Virginia) has posted From Langdell to Law and Economics: Two Conceptions of Stare Decisis in Contract Law and Theory on SSRN. Here's the abstract: In his classic monograph, The Death of Contract, Grant Gilmore argued that Christopher...

Reply to Griffin: Downloadable Version & Guide to the Posts

Posted on May 08, 2008
I have creaed a downloadable version of my series of posts replying to Stephen Griffin's helpful and illuminating comments on Semantic Originalism. This downloadable version adds a Reader's Guide with a short summary of the argument of Semantic Originalism to...

Minow on Tribe on Constitutional Change

Posted on May 08, 2008
Martha Minow (Harvard Law School) has posted The Government Can't, May, or Must Fund Religious Schools: Three Riddles of Constitutional Change for Laurence Tribe (Tulsa Law Review, Vol. 42, No. 4, 2008) on SSRN. Here is the abstract: Three linked...

Foy & Griffin on Antidiscrimination Law & Selective Abortion

Posted on May 08, 2008
Dov Fox and Christopher L. Griffin Jr. (Yale Law School and Yale Law School) have posted The Collateral Effects of Law on Social Behavior: The Case of Antidiscrimination Law and Selective Abortion on SSRN. Here is the abstract: This Article...

Barzun on the Weight on Evidence

Posted on May 07, 2008
Charles L. Barzun (Harvard Law School) has posted Rules of Weight (Notre Dame Law Review, Vol. 83, No. 5, 2008) on SSRN. Here is the abstract: A central assumption of modern evidence law is that its rules are rules of...

Moin on Business Activities by Charities

Posted on May 07, 2008
Andrew Moin (Harvard Law School) has posted Red Herrings and Misguided Approaches: Taxation and Regulation of Business Activities by Charities in the United States and Canada (International Journal of Civil Society Law, Vol. 6, Iss. 2, April 2008) on SSRN...

Percival on Massachusetts v. EPA

Posted on May 07, 2008
Robert V. Percival (University of Maryland - School of Law) has posted Massachusetts v EPA: Escaping the Common Law's Growing Shadow (Supreme Court Review, pp. 111-160, 2007) on SSRN. Here is thee abstract: In its first full Term with its...

Mitchell on Morals & Financial Markets

Posted on May 07, 2008
Lawrence E. Mitchell (George Washington University - Law School) have posted The Morals of the Marketplace (Stanford Law & Policy Review, Vol. 20, Forthcoming) on SSRN. Here is the abstract: This brief essay explores the economic and social legitimacy of...

Postema on Salience Reasoning & Social Conventions

Posted on May 07, 2008
Gerald J. Postema (University of North Carolina - Philosophy and Law) has posted Salience Reasoning (TOPOI, Vol. 27, 2008) on SSRN. Here is the abstract: The thesis of this essay is that social conventions of the kind Lewis modeled are...

Stern & Jones on Natural Inalienable Rights

Posted on May 07, 2008
Craig A. Stern and Gregory M. Jones (Regent University School of Law and Foundation for Moral Law) have posted The Coherence of Natural Inalienable Rights (UMKC Law Review, Vol. 76, No. 4, 2008) on SSRN. Here is the abstract: The...

Book Announcement: Democracy Incorporated by Wolin

Posted on May 07, 2008
Democracy Incorporated Managed Democracy and the Specter of Inverted Totalitarianism Sheldon S. Wolin To read the entire book description or a sample chapter, please visit: http://press.princeton.edu/titles/8606.html Democracy is struggling in America--by now this statement is almost clich�...

Book Announcement: Paperback of Barak's The Judge in a Democracy

Posted on May 07, 2008
The Judge in a Democracy Aharon Barak To read the entire book description or a sample chapter, please visit: http://press.princeton.edu/titles/8145.html Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death,...

Belle on the Things Academics Want

Posted on May 07, 2008
Not the same things as everydoby else! Read Belle first & if you are grading, you can waste even more time by reading the continuation to this post.

Reply to Griffin, Part Nine: The Three Dimensional Space of Constitutonal Theory

Posted on May 07, 2008
This is the Ninth and final post in my series replying to Stephen Griffin's thoughtful and illuminating comments about Semantic Originalism on Balkinization. In this post, I will summarize the series and make some remarks about what I have tried...

Grossman on Anti-Codification

Posted on May 06, 2008
Lewis A. Grossman posted Langdell Upside-Down: James Coolidge Carter and the Anticlassical Jurisprudence of Anti-Codification on SSRN in 2006, but Brian Tamanaha's recent work highlights the importance of Grossman's important paper. Here is the abstract: At the end of the...

Chafetz on Resigning from the House of Representatives

Posted on May 06, 2008
Josh Chafetz (Cornell) has posted Leaving the House: The Constitutional Status of Resignation from the House of Representatives on SSRN. Here is the absract: Do Members of the House of Representatives have a constitutional right to resign their seats? This...

Part Four of Josh Wright's Series on the Future of Law and Economcis

Posted on May 06, 2008
Part Four of Josh Wright's series on the Future of Law and Economics is now up. A taste: [T]here is a profitable opportunity for the production of L&E scholars who will produce, translate, and retail accessible scholarship. This does not...

Duffy on Adminstrative Patent Judges (with an update at the end)

Posted on May 06, 2008
John F. Duffy (George Washington) has posted Are Adminsitrative Patent Judges Unconstitutional? on SSRN. Here is the abstract: As amended in 1999, 35 U.S.C. � 6 authorizes the Director of the Patent and Trademark Office (PTO) to appoint all administrative...

More from Ribstein on the Future of Law & Economics

Posted on May 06, 2008
Larry Ribstein has another post on the future of law and economics. Here is a taste: [T]he future lies in collaboration between legal and economics scholars. Let me reiterate: the economists bring a lot to the table, but the lawyers...

Reply to Griffin, Part Eight: The New Deal and Living Constitutionalism

Posted on May 06, 2008
This is the eighth post in a series (Part One, Part Two Part Three Part Four Part Five Part Six Part Seven Part Eight) that replies to Stephen Griffin's generous comments about Semantic Originalism on Balkinization. Originalist theories all share...

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