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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

Foley on Guantanamo

Posted on April 25, 2008
Brian J. Foley (Drexel University College of Law) has posted Guantanamo and Beyond: Dangers of Rigging the Rules (Journal of Criminal Law and Criminology, Vol. 97, No. 4, 2007) on SSRN. Here is the abstract: Supporters of the U.S. antiterrorism...

Monahan on Hyman on Health Insurance Risk Pooling

Posted on April 25, 2008
Amy Monahan (University of Missouri School of Law) has posted Health Insurance Risk Pooling and Social Solidarity: A Response to Professor David Hyman (Connecticut Insurance Law Journal, 2008) on SSRN. Here is the abstract: Social solidarity with respect to health...

Laby on Fiduciary Obligation

Posted on April 25, 2008
Arthur B. Laby (Rutgers University School of Law - Camden) has posted The Fiduciary Obligation as the Adoption of Ends (Buffalo Law Review Vol. 56, No. 1, 2008) on SSRN. Here is the abstract: Contractualist scholars advance a theory of...

Secunda on Mendelsohn v. Sprint/United Management Co.

Posted on April 25, 2008
Paul M. Secunda (University of Mississippi - School of Law) has posted The Many Mendelsohn 'Me Too' Missteps: An Alliterative Response to Professor Rubinstein (Northwestern University Law Review Colloquy, Vol. 102, 2008) on SSRN. Here is the abstract: Although one...

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Staton, Reenock, & Radean on Legal Institutions & Democratic Order

Posted on April 24, 2008
Jeffrey K. Staton , Christopher Reenock and Marius Radean (Department of Political Science -- Emory University , Florida State University - Department of Political Science and Florida State University) have posted Legal Institutions and the Democratic Order on SSRN...

Ruger on Governing Health

Posted on April 24, 2008
Jennifer Prah Ruger (Yale University - School of Medicine) has posted Governing Health (Harvard Law Review Forum, Vol. 121, p. 43, 2008) on SSRN. Here is the abstract: Responding to Eugene Volokh, Medical Self-Defense, Prohibited Experimental Therapies, and Payment for...

Sidhu on Arguments Against the Death Penalty

Posted on April 24, 2008
Dawinder S. Sidhu (Discrimination and National Security Initiative (DNSI)) has posted Death as Punishment: An Analysis of Eight Arguments Against Capital Punishment on SSRN. Here is the abstract: The Case Against the Death Penalty, authored by capital punishment scholar Hugo...

Sloane on Jus Ad Bellum & Jus in Bello

Posted on April 23, 2008
Robert D. Sloane (Boston University School of Law) has posted The Cost of Conflation: The Dualism of Jus Ad Bellum and Jus in Bello in the Contemporary Law of War on SSRN. Here is the abstract: Much post-9/11 scholarship asks...

Baker on Neuroscience & the Law

Posted on April 23, 2008
Greg Baker (College of William and Mary - Marshall-Wythe School of Law) has posted Neuroscience and the Law: Real Potential with a Healthy Dose of Caution (West Virginia Law Review, Vol. 3, No. 2, 2009) on SSRN. Here is the...

Safjan on Politics & Constitutional Courts

Posted on April 23, 2008
Marek Safjan (European University Institute - Department of Law) has posted Politics and Constitutional Courts a Judge's Personal Perspective on SSRN. Here is the abstract: The paper deals with different forms of political impact on the constitutional justice...

Claeys on Coase & Jefferson

Posted on April 23, 2008
Eric Claeys (George Mason University School of Law) has posted Jefferson Meets Coase: Land-Use Torts, Law and Economics, and Natural Property Rights on SSRN. Here is the abstract: In tort scholarship, conventional wisdom assumes that economic analysis explains doctrine more...

Al Nasir on Neopositivism

Posted on April 22, 2008
Samer Al Nasir (Carlos III University of Madrid) has posted Toward a New Dogma of the Legal Neopositivism (HESPERIA, CULTURAS DEL MEDITERRANEO, Jos� Luis Pardo Foundation) on SSRN. Here is the abstract: The paper it's a statement toward a new...

Poscher on the Hart-Dworkin Debate

Posted on April 22, 2008
Ralf Poscher (Ruhr-Universit�t Bochum, Germany) has posted The Hand of Midas When Concepts Turn Legal or Deflating the Hart-Dworkin Debate on SSRN. Here is the abstract: The law shares many of its concepts with other areas of discourse. That most...

Siegel on the Virtue of Judicial Statesmanship

Posted on April 22, 2008
Neil Siegel (Duke University - School of Law) has posted The Virtue of Judicial Statesmanship (Texas Law Review, Vol. 86, No. 5, 2008) on SSRN. Here is the abstract: Some of America's most important judges have emphasized or embodied the...

Sunstein Interview

Posted on April 22, 2008
Check out the Interview of Cass Sunstein (who discusses his new book, Nudge) on the Glenn and Helen Show! (Podcast here.)

Conference Announcement: Empirical Legal Studies Deadline Extended

Posted on April 22, 2008
The deadline for Conference on Empirical Legal Studies 2008 meeting has been extended: The Organizing Committee has begun reviewing papers submitted for the September 12-13, 2008 Conference on Empirical Legal Studies to be held at Cornell Law School in Ithaca,...

Corrado on Nussbaum

Posted on April 22, 2008
Michael L. Corrado (University of North Carolina at Chapel Hill - School of Law) has posted Disability and Nationality: Martha Nussbaum on Justice (Essays in Philosophy, Vol. 9, No.1, 2008) on SSRN. Here is the abstract: Martha Nussbaum is an...

Heyman on Free Speech

Posted on April 22, 2008
Steven J. Heyman (Illinois Institute of Technology - Chicago-Kent College of Law) has posted Free Speech and Human Dignity (Yale University Press, 2008) on SSRN. Here is the abstract: In recent years, issues such as hate speech and pornography have...

Peters on Popular Sovereignty, Legal, and the Dispute Resolution Conception of Legal Authority

Posted on April 22, 2008
Christopher J. Peters (Wayne State University Law School) has posted Popular Sovereignty and Legality on SSRN. Here is the abstract: This talk, prepared for delivery at the 2008 Wayne State University Humanities Center Faculty Fellows Conference, explores the relationship between...

Lister on Gang-Related Asylum Claims

Posted on April 21, 2008
Matthew J. Lister has posted Gang-Related Asylum Claims: An Overview and Prescription (University of Memphis Law Review, Vol. 38, No. 4) on SSRN. Here is the abstract: Over the last several years asylum cases relating to activities of criminal gangs....

Schwarcz on Principles-Based Regulation

Posted on April 21, 2008
Steven L. Schwarcz (Duke University - School of Law) has posted The 'Principles' Paradox on SSRN. Here is the abstract: Although principles-based regulation is thought to more closely achieve normative goals than rules, the extent to which that occurs can...

Sunstein & Hastie on Failures of Group Deliberation

Posted on April 21, 2008
Cass R. Sunstein and Reid Hastie (University of Chicago - Law School and University of Chicago - Graduate School of Business) have posted Four Failures of Deliberating Groups on SSRN. Here is the abstract: Many groups make their decisions through...

Goldberg on Torts

Posted on April 21, 2008
John C.P. Goldberg (Vanderbilt University - School of Law) has posted Ten Half-Truths About Tort Law (Valparaiso University Law Review, Vol. 42, p. 1221, 2008) on SSRN. Here i s the abstract: John Kenneth Galbraith coined the phrase "the conventional...

McGinnis & Somin on Democracy & International Human Rights Law

Posted on April 21, 2008
John O. McGinnis, Ilya Somin (Northwestern University - School of Law, George Mason University - School of Law) have posted Democracy and International Human Rights Law on SSRN. Here is the abstract: The undemocratic origin of most international human rights...

Ahdieh on Rule 14a-8

Posted on April 21, 2008
Robert B. Ahdieh (Emory University School of Law) has posted The Dialectical Regulation of Rule 14a-8: Intersystemic Governance in Corporate Law (Journal of Business & Technology Law, Vol. 2, p. 165, 2007, Securities Law Review, Vol. 40, 2008) on SSRN...

Legal Theory Lexicon: Balancing Tests

Posted on April 20, 2008
Introduction Balancing tests are ubiquitous in American law. From the Due Process Clause to the Freedom of Speech and from the federal joinder rules to personal jurisdiction, U.S. law makes the outcome of legal disputes dependent on the balancing of....

Legal Theory Bookworm

Posted on April 19, 2008
The Legal Theory Bookworm recommends The New Global Trading Order: The Evolving State and the Future of Trade by Dennis Patterson and Ari Afilalo. Here is a description: The international institutions that have governed global trade since the end of....

Download of the Week

Posted on April 19, 2008
The Download of the Week is Tort Negligence, Cost-Benefit Analysis and Tradeoffs: A Closer Look at the Controversy by Kenneth W. Simons. Here is the abstract: What is the proper role of cost-benefit analysis in understanding the tort concept of...

Ahdieh on Intersystemic Governance & Modern Jurisdiction

Posted on April 18, 2008
Robert B. Ahdieh (Emory University School of Law) has posted From Federalism to Intersystemic Governance: The Changing Nature of Modern Jurisdiction (Emory Law Journal, Vol. 57, No. 1, 2007) on SSRN. Here is the abstract: At heart, this introductory essay...

Rizzo & Whitman on the New Paternalism

Posted on April 18, 2008
Mario J. Rizzo and Douglas Glen Whitman (New York University - Department of Economics and California State University, Northridge - Department of Economics) have posted Little Brother is Watching You: New Paternalism on the Slippery Slopes on SSRN. Here is...

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