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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

Fender on Nanotechnology

Posted on April 30, 2008
Jessica K. Fender (Chicago-Kent College of Law) has posted The FDA and Nano: Big Problems with Tiny Technology (Chicago-Kent Law Review, Forthcoming) on SSRN. Here is the abstract: Nanotechnology-related products and materials are becoming increasingly prevalent in our society...

Sharfstein on Racial Migration & the One-Drop Rule

Posted on April 30, 2008
Daniel J. Sharfstein (Vanderbilt University Law School) has posted Crossing the Color Line: Racial Migration and the One-Drop Rule, 1600-1860 (Minnesota Law Review, Vol. 91, pp. 592-656, 2007) on SSRN. Here is the abstract: Scholars describe the one-drop rule -...

Brescia on the Subprime Mortgage Crisis

Posted on April 30, 2008
Ray Brescia (Albany Law School) has posted Capital in Chaos: The Subprime Mortgage Crisis and the Social Capital Response (Cleveland State Law Review, Vol. 56, pp. 271-318, 2008) on SSRN. Here is the abstract: This article explores the extent to...

Garda on Seperate But Equal

Posted on April 30, 2008
Robert A. Garda Jr. (Loyola New Orleans) has posted Coming Full Circle: The Journey from Separate but Equal to Separate and Unequal Schools (Duke Journal of Constitutional Law & Public Policy, Vol. 2, No. 1, 2007) on SSRN. Here is...

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Wilson on Judgemental Neutrality

Posted on April 30, 2008
Lincoln Davis Wilson (Skadden, Arps) has posted Judgmental Neutrality: When the Supreme Court Inevitably Implies that Your Religion is Just Plain Wrong (Seton Hall Law Review, Vol. 38, No. 2, 2008) on SSRN. Here is the abstract: This Comment posits...

More from Wright on the Future of Law & Economics

Posted on April 30, 2008
Joshua Wright has posted part two of his excellent series on the future of Law and Economics. Here is a taste: My sense is that the increase in mathematical rigor poses special problems for L&E for several reasons. The primary...

Congratulations

Posted on April 30, 2008
Congratulations to Randy Barnett (Georgetown), Richard Pildes (NYU), Richard Primus (Michigan), and Katherinve V.W. Stone (UCLA), who recieved Guggenheim Fellowships. Barnett and Primus are the first holders of the "Constitutional Studies" Fellowship...

Ribstein on the Future of Law & Economics

Posted on April 30, 2008
Check out Larry Ribstein's post entitled More on the future of Law and Economics on Ideoblog. Here is a taste: Just as there is a lot of bad law & ec being done by lawyers, so there is a lot...

Reply to Griffin, Part Two: Constitutional Amendments

Posted on April 30, 2008
This is the second post in a series (Part One) 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 are in...

Kaswan on Federalism & Climate Control

Posted on April 29, 2008
Alice Kaswan (University of San Francisco School of Law) has posted A Cooperative Federalism Proposal for Climate Change Legislation: The Value of State Autonomy in a Federal System (Denver University Law Review, Vol. 85, No. 4, 2008) on SSRN. Here...

Lipton on Personal Domain Name Disputes

Posted on April 29, 2008
Jacqueline D. Lipton (Case Western Reserve University School of Law) has posted Celebrity in Cyberspace: A Personality Rights Paradigm for Personal Domain Name Disputes (Washington and Lee Law Review, Forthcoming) on SSRN. Here is the abstract: When the Oscar�-winning actress...

Campbell on Twombly

Posted on April 29, 2008
Charles B. Campbell (Faulkner University, Jones School of Law) has posted A 'Plausible' Showing after 'Bell Atlantic Corp. v. Twombly' (Nev. L.J., Vol. 9, 2008) on SSRN. Here is the abstract: The United States Supreme Court's decision in Bell Atlantic...

Ellman & Ellman on Child Support

Posted on April 29, 2008
Ira Mark Ellman and Tara Ellman (Arizona State University College of Law and Independent) have posted The Theory of Child Support (Harvard Journal on Legislation, Vol. 45, No. 1, 2008) on SSRN. Here is the abstract: What is the appropriate...

Call for Papers: Property Section of the AALS

Posted on April 29, 2008
Call for Papers?Hernando de Soto and Property in a Market Economy Extended Program of the AALS Section on Property Law The Section on Property Law has proposed a three-hour extended program on ?Hernando de Soto and Property in a Market...

Wright on the Future of Law & Economics (and a comment about the future of legal academy)

Posted on April 29, 2008
Josh Wright has a very interesting post (Part I with more to come) on the future of law and ecomomics. Here is a taste: One consequence of the increase in formal theory and empirical work is increased specialization in economics,...

Reply to Griffin, Part One: Background, Context, and Constitutional Holism

Posted on April 29, 2008
Stephen Griffin has posted some very perceptive and illuminating comments about Semantic Originalism at Balkinization. In this post, I reply to the first of Griffin's comments. Quotes from Griffin are in ordinary roman type, indented, and black. My discussion is...

D'Amato on Natural Law

Posted on April 29, 2008
Anthony D'Amato (Northwestern University - School of Law) has posted Natural Law: A Libertarian View on SSRN. Here is the abstract: What follows from the following two propositions? Legal positivism views law as a command writ large. The commander is...

Hanna on Consequentialism & Punishment

Posted on April 29, 2008
Nathan Hanna (Syracuse University) has posted Facing the Consequences: The Abolitionist Challenge on SSRN. Here is the abstract: I argue that standard consequentialist considerations offered in support of punishment make for a weaker case than is usually assumed...

McLeon on Judicial Selection & Parisan Divisions on State Supreme Courts

Posted on April 28, 2008
Aman Liev McLeod (Rutgers, The State University of New Jersey - Rutgers University, Camden) has posted The Red-Blue Divide on the Bench: An Examination of the Effects of Selection Systems on Partisan Divisions in State Supreme Court Decisions on SSRN...

Allen on Popularization of Genetic Science

Posted on April 28, 2008
Anita L. Allen (University of Pennsylvania Law School) has posted The Poetry of Genetics: On the Pitfalls of Popularizing Science (Hypatia: A Journal of Feminist Philosophy, 2009) on SSRN. Here is the abstract: The role genetic inheritance plays in the...

Cotter on the Essential Facilities Doctrine

Posted on April 28, 2008
Thomas F. Cotter (University of Minnesota Law School) has posted The Essential Facilities Doctrine (ANTITRUST LAW AND ECONOMICS, Keith N. Hylton, ed., Edward Elgar Publishing, 2008) on SSRN. Here is the abstract: According to some courts and commentators, the essential...

Butler & Johnston on State Consumer Protection Acts

Posted on April 28, 2008
Henry N. Butler and Jason Scott Johnston (Northwestern University - School of Law and University of Pennsylvania Law School) has posted Consumer Harm Acts? An Economic Analysis of State Consumer Protection Acts on SSRN. Here is the abstract: State Consumer...

Fender on Probation, Parole, and DNA Collection

Posted on April 28, 2008
Jessica K. Fender (Chicago-Kent College of Law) has posted Probationers, Parolees and DNA Collection: Is this 'Justice for All'? (Seventh Circuit Review, Vol. 3, p. 312, 2007) on SSRN. Here is the abstract: In 1994, the DNA Identification Act permitted...

Tung on Corporate Fiduciary Duties for Creditors

Posted on April 28, 2008
Frederick Tung (Emory University - School of Law) has posted The New Death of Contract: Creeping Corporate Fiduciary Duties for Creditors (Emory Law Journal, Vol. 57, p. 809, 2008) on SSRN. Here is the abstract: The article identifies a worrisome...

Brennan on Church & State

Posted on April 28, 2008
Patrick McKinley Brennan (Villanova University School of Law) has posted Differentiating Church and State (Without Losing the Church) (Georgetown Journal of Law & Public Policy, Forthcoming) on SSRN. Here is the abstract: There is an ongoing debate about whether the...

Hickman on Treasury & the APA

Posted on April 28, 2008
Kristin E. Hickman (University of Minnesota - Twin Cities - School of Law) has posted A Problem of Remedy: Responding to Treasury's (Lack of) Compliance with Administrative Procedure Act Rulemaking Requirements (George Washington Law Review, Vol. 76, No...

Legal Theory Lexicon: Interpretaton and Construction

Posted on April 27, 2008
Introduction Every law student learns that the relationship of a legal text to the resolution of a particular case can be complex. What does the text mean? How does that meaning translate into legal doctrine? And how does the doctrine...

New Ideas About the New Originalism

Posted on April 26, 2008
I just got back from the conference on "New Ideas About the New Originalism" at Northwestern. There were some terrific papers, most of which will be forthcoming in the Northwestern University Law Review. The participants included Jack Balkin, Lynn Baker,...

Legal Theory Bookworm

Posted on April 26, 2008
The Legal Theory Bookworm recommends Free Speech and Human Dignity by Steven J. Heyman. Here is a description: Debates over hate speech, pornography, and other sorts of controversial speech raise issues that go to the core of the First Amendment....

Download of the Week

Posted on April 26, 2008
The Download of the Week is Four Failures of Deliberating Groups by Cass R. Sunstein and Reid Hastie. Here is the abstract: Many groups make their decisions through some process of deliberation, usually with the belief that deliberation will improve....

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