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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

Klass on Contractual Implicature

Posted on May 05, 2008
Gregory Klass (Georgetown) has posted Regulating Information in Contractual Relationships on SSRN. Here is the abstract: While much has been written about how individual rules of contract law impact parties' sharing of information, we do not yet have a general...

Segev on McMahan on the Morality of War

Posted on May 05, 2008
Re'em Segev (Hebrew University of Jerusalem - Faculty of Law) has posted Lesser Evil and Responsibility: Comments on Jeff McMahan's Analysis of the Morality of War (Israel Law Review, Vol. 40, No. 3, pp. 709-729, 2007) on SSRN. Here is...

Ruger on the Coherenece of Health Law

Posted on May 05, 2008
Theodore Ruger (University of Pennsylvania Law School) has posted Health Law's Coherence Anxiety (Georgetown Law Journal, Vol. 96, pp. 625-648, 2008) on SSRN. Here is the abstract: Academic health law is often said to suffer from a law of the...

Sellers on Republicanism & International Law

Posted on May 05, 2008
Mortimer Sellers (University of Baltimore - School of Law) has posted The Republican Foundations of International Law (LEGAL REPUBLICANISM AND REPUBLICAN LAW, Samantha Besson and Jose Luis Mari, eds., Oxford University Press, 2009) on SSRN. Here is the abstract: This...

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Koppelman on Originalism & the Establishment Clause

Posted on May 05, 2008
Andrew Koppelman (Northwestern University School of Law) has posted Phony Originalism and the Establishment Clause on SSRN. Here is the abstract: The "originalist" interpretations of the Establishment Clause by Supreme Court Justices William Rehnquist, Antonin Scalia, and Clarence Thomas are...

Wright on the Future of Law Ecnomics -- Part Three

Posted on May 05, 2008
The third post in Josh Wright's series is now up. A taste: [I]t seems to me that there is very little incentive for a junior entry level scholar in L&E to do this type of informal scholarship when empirical work...

Reply to Griffin, Part Seven: The Relationship of the Constituitonal Tex and Constitutional Law

Posted on May 05, 2008
This is the seventh post in a series (Part One, Part Two Part Three Part Four Part Five Part Six Part Seven) that replies to Stephen Griffin's thoughtful and illuminating comments about Semantic Originalism on Balkinization. One of the central...

Solum on Constitutional Possibilities

Posted on May 05, 2008
Lawrence B. Solum (University of Illinois - College of Law) has posted Constitutional Possibilities (Indiana Law Journal, Vol. 83, pp. 307-337, 2008) on SSRN. Here is the abstract: What are our constitutional possibilities? The importance of this question is illustrated...

Reply to Griffin, Part Six: Interpretive Pluralism

Posted on May 04, 2008
This is the sixth post in a series (Part One, Part Two Part Three Part Four Part Five Part Six) that replies to Stephen Griffin's generous comments about Semantic Originalism on Balkinization. The argument of "Semantic Originalism" addresses three distinct...

Legal Theory Lexicon: Possibility and Necessity

Posted on May 04, 2008
Introduction What policy choices are feasible and which options are "pie in the sky," "utopian," or "politically impossible"? What is "necessary" and what is merely probable? The Legal Theory Lexicon includes two entries that deal with aspects of these questons...

Reply to Griffin, Part Five: Concepts and Kinds

Posted on May 03, 2008
This is the fifth post in a series (Part One, Part Two Part Three Part Four Part Five) that replies to Stephen Griffin's very helpful comments about Semantic Originalism on Balkinization. In this post, I reply to the fifth of...

Legal Theory Bookworm

Posted on May 03, 2008
The Legal Theory Bookworm recommends Copyright's Paradox by Neil Weinstock Netanel. Here is a description: The United States Supreme Court famously labeled copyright "the engine of free expression" because it provides a vital economic incentive for much of the literature,...

Download of the Week

Posted on May 03, 2008
There are two Downloads of the Week The Bogus Tale About the Legal Formalists and Understanding Legal Realism, both by Brian Z. Tamanaha. Here is the abstract of Bogus Tale--the abstract for Understanding is in the continuation of this post:...

Bilford on Hate Speech in Schools

Posted on May 03, 2008
Brian J Bilford (Stanford Law School) has posted Harper's Bazaar: The Marketplace of Ideas and Hate Speech in Schools (Stanford Journal of Civil Rights and Civil Liberties, Vol. 4, 2008) on SSRN. Here is the abstract: The following Note discusses...

Reply to Griffin, Part Four: Constitutional Disagreement

Posted on May 02, 2008
This is the fourth post in a series (Part One, Part Two Part Three Part Four) that replies to Stephen Griffin's perceptive and illuminating comments about Semantic Originalism at Balkinization. In this post, I reply to the fourth of Griffin's...

Vermeule on Schmittian Administrative Law

Posted on May 02, 2008
Adrian Vermeule (Harvard University - Harvard Law School) has posted Our Schmittian Administrative Law (Harvard Law Review, 2009) on SSRN. Here is the abstract: Our administrative law contains, built right into its structure, a series of legal "black holes" and...

Landes & Posner on Rational Judicial Behavior

Posted on May 02, 2008
William Landes and Richard Posner have posted Rational Judicial Behavior on SSRN. Here is the abstract: This paper analyzes the connection between ideology and voting of judges using a large sample of court of appeals cases decided since 1925 and...

Bosniak on Ethical Territoriality & Immigrant Rights

Posted on May 02, 2008
Linda S. Bosniak (Rutgers University School of Law, Camden) has posted Being Here: Ethical Territoriality and the Rights of Immigrants (Theoretical Inquiries in Law, Vol. 8, No. 2, pp. 389-410, 2007) on SSRN. Here is the abstract: In this Article,...

Wagner on Finnis on State Religion

Posted on May 02, 2008
David N. Wagner (Ave Maria School of Law) has posted Religion and State: An Ecclesiological Perspective on SSRN. Here is the abstract: In January of 2007, John Finnis published a paper arguing that the state has not only the right,...

Del Mar on Responsiveness

Posted on May 02, 2008
Maksymilian T. Del Mar (University of Edinburgh) has posted Responsiveness on SSRN. Here is the abstract: This paper introduces the notion of responsiveness and the role it might play in moral, political and legal philosophy. The paper has four parts...

Olken on Justice Sutherland

Posted on May 02, 2008
Samuel R. Olken (John Marshall Law School) has posted Justice Sutherland Reconsidered (Vanderbilt Law Review, 2009) on SSRN. Here is the abstract: Long considered one of the Supreme Court's more conservative justices in matters of economic liberty, George Sutherlan's reputation...

Ward on Twombly

Posted on May 01, 2008
Ettie Ward (St. John's University - School of Law) has posted The After-Shocks of Twombly: Will We Notice Pleading Changes? (St. John's Law Review , Vol. 82, p. 893, 2008) on SSRN. Here is the abstract: Bell Atlantic Corp. v....

Denning the New Doctrinalism in Constitutional Scholarship

Posted on May 01, 2008
Brannon P. Denning (Cumberland School of Law) has posted The New Doctrinalism in Constitutional Scholarship and Heller v. District of Columbia (Tennessee Law Review, Vol. 75, No. 4, 2008) on SSRN. Here is the abstract: This brief essay examines an...

Graham on Reparations

Posted on May 01, 2008
Lorie Graham (Suffolk University Law School) has posted Reparations, Self-Determination and the Seventh Generation (Harvard Human Rights Journal, Vol. 21, p. 47, 2008) on SSRN. Here is the abstract: This paper links indigenous peoples' claims of self-determination to the right...

Dillard on Judicial Independence

Posted on May 01, 2008
Amy Dillard (University of Baltimore - School of Law) has posted Separate and Obedient: The Judicial Qualification Missing from the Job Description (38 Cumberland Law Review 1 (2008)) on SSRN. Here is the abstract: The national debate about the role....

Reply to Griffin, Part Three: Going Beyond the Text

Posted on May 01, 2008
This is the third post in a series (Part One, Part Two) that replies to Stephen Griffin's perceptive and illuminating comments about Semantic Originalism at Balkinization. In this post, I reply to the second of Griffin's comments. Quotes from Griffin...

Leiter on Tamanaha on Realism

Posted on May 01, 2008
Brian Leiter comments on Brian Tamanaha's The Bogus Tale About the Legal Formalists. As you will see, Leiter concedes an enormous amount of ground--but he has a very important point to make: Tamanaha gives us no sense of what was...

Tamanaha on Legal Realism

Posted on May 01, 2008
Brian Z. Tamanaha (St. John's University - School of Law) has posted Understanding Legal Realism on SSRN. Here is the abstract: Legal realism is well known, but generally misunderstood. Through a close examination of the work of the legal realists...

Tamanaha on the Bogus Story of Legal Formalism

Posted on May 01, 2008
Brian Z. Tamanaha (St. John's University) has posted The Bogus Tale About the Legal Formalists on SSRN. Here is the abstract: It is widely accepted that legal formalist views dominated at the turn of the last century: judges, legal academics,...

Allen on the Hijab in the West

Posted on April 30, 2008
Anita L. Allen (University of Pennsylvania Law School) has posted Undressing Difference: The Hijab in the West (Berkeley Journal of Gender, Law & Justice, 2008) on SSRN. Here is the abstract: On March 15, 2006, French President Jacques Chirac signed....

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