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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

Miller on Tellabs v. Makor Issues & Rights

Posted on April 18, 2008
Geoffrey P. Miller (New York University - School of Law) has posted Pleading After Tellabs on SSRN. Here is the abstract: In Tellabs, Inc. v. Makor Issues & Rights, Ltd., the Supreme Court held that a securities fraud complaint will...

Kontorovich on the "Define & Punish" Clause

Posted on April 17, 2008
Eugene Kontorovich (Northwestern University Law School) has posted The 'Define and Punish' Clause and Universal Jurisdiction: Recovering the Lost Limits (Northwestern University Law Review, Vol. 103, No. 1, Forthcoming) on SSRN. Here is the abstract: This Article examines whether the...

Carbonara, Luppi, and Parisi on Self-Defeating Subsidiarity

Posted on April 17, 2008
Emanuela Carbonara , Barbara Luppi and Francesco Parisi (University of Bologna - Department of Economics , Università degli studi di Modena e Reggio Emilia - Dipartimento di Economia Politica and University of Minnesota - Law School) have posted Self-Defeating Subsidiarity:...

Collins, Leib, and Markel on Punishing Family Status

Posted on April 17, 2008
Jennifer M. Collins , Ethan J. Leib and Dan Markel (Wake Forest University - School of Law , University of California - Hastings College of the Law and Florida State University College of Law) have posted Punishing Family Status (Boston...

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Hylton & Khanna on the Political Economy of Criminal Procedure

Posted on April 17, 2008
Keith N. Hylton and Vikramaditya S. Khanna (Boston University - School of Law and University of Michigan at Ann Arbor - Law School) have posted Political Economy of Criminal Procedure on SSRN. Here is the abstract: This chapter presents a...

Ahdieh on Intersystemic Securities Regulation

Posted on April 17, 2008
Robert B. Ahdieh (Emory University School of Law) has posted From Federal Rules to Intersystemic Governance in Securities Regulation (Emory Law Journal, Vol. 57, No. 1, 2007)) on SSRN. Here is the abstract: In this brief essay, prepared as part...

Kanwar on Non-Proliferation & Security Council Resolutions

Posted on April 16, 2008
Vik Kanwar (Loyola University New Orleans - College of Law) has posted Two Crises of Confidence: Securing Non-Proliferation and the Rule of Law Through Security Council Resolutions on SSRN. Here is the abstract: This timely article describes the powers of...

Loughlan on IP & the Language of Theft

Posted on April 16, 2008
Patricia Louise Loughlan (University of Sydney - Faculty of Law) has posted 'You Wouldn't Steal a Car': Intellectual Property and the Language of Theft (European Intellectual Property Review, Vol. 29, No. 10, pp. 401-405, 2007) on SSRN. Here is the...

Crisp on Scanlon on the Buck Passing Account of Goodness

Posted on April 16, 2008
Roger Crisp's Goodness and Reasons: Accentuating the Negative is available via the Mind website (subscription required). Here is the abstract: This paper concerns the relation between goodness, or value, and practical reasons, and in particular the so-called ?buck-passing? account (BPA)...

Simons on Tort & Cost-Benefit Analysis

Posted on April 16, 2008
Kenneth W. Simons (Boston University - School of Law) has posted Tort Negligence, Cost-Benefit Analysis and Tradeoffs: A Closer Look at the Controversy (Forthcoming in Loyola of Los Angeles Law Review) on SSRN. Here is the abstract: What is the...

Westen on Fletcher on Subjective Justification

Posted on April 16, 2008
Peter K. Westen (University of Michigan Law School) has posted Fletcher on Subjective Justification (ESSAYS ON CRIMINAL LAW, Russell Christopher, ed., Oxford University Press) on SSRN. Here is the abstract: George Fletcher has transformed Anglo-American criminal-law theory by introducing continental...

Conference Announcement: Darwin at Hofstra

Posted on April 15, 2008
Hofstra University announces an interdisciplinary conference titled "Darwin's Reach: A Celebration of Darwin's Legacy across Academic Disciplines," March 12-14, 2009. Frans de Waal, the primatologist whose work develops philosophically-interesting implications, will be the primary keynote speaker...

Oman on Specific Performance & the 13th Amendment

Posted on April 15, 2008
Nathan B. Oman (William & Mary Law School) has posted Specific Performance and the Thirteenth Amendment on SSRN. Here is the abstract: Black-letter law declares that a contract to perform personal services cannot be specifically enforced. Many courts, scholars, and...

Steinman on Erie

Posted on April 15, 2008
Adam Steinman (University of Cincinnati - College of Law) has posted What is the Erie Doctrine? (And What Does it Mean for the Contemporary Politics of Judicial Federalism?) on SSRN. Here is the abstract: As when Erie Railroad v. Tompkins...

Brooks on Plato & Democracy

Posted on April 15, 2008
Thom Brooks (University of Newcastle upon Tyne) has posted Is Plato's Political Philosophy Anti-Democratic? on SSRN. Here is the abstract: Perhaps one of the most controversial figures in political philosophy is Plato. Today, he is both a leading figure of...

Ferzan on Self-Defense & the State

Posted on April 15, 2008
Kimberly Kessler Ferzan (Rutgers-Camden) has posted Self-Defense and the State (Ohio State Journal of Criminal Law, Vol. 5, No. 2, 2008) on SSRN. Here is the abstract: This article is a contribution to a symposium honoring Sandy Kadish. This article....

Solum on Semantic Origialism

Posted on April 14, 2008
Lawrence Solum (that's me) has posted Semantic Originalism on SSRN. Here is the abstract: "Semantic originalism" is the name of a theory that affirms four theses. The fixation thesis claims that the semantic content of each constitutional provision is fixed...

Legal Theory Lexicon: Procedural Justice

Posted on April 13, 2008
Introduction Recently, the Legal Theory Lexicon provided a very general entry on the the topic of justice. The notion of justice can be analyzed in many ways, but one good place to start is with Aristotle. Aristotle divides the topic...

Download of the Week

Posted on April 12, 2008
David S. Law (University of San Diego - School of Law) has posted A Theory of Judicial Power and Judicial Review on SSRN. Here is the abstract: Judicial review has long been characterized by constitutional scholars as countermajoritarian and antidemocratic...

Legal Theory Bookworm

Posted on April 12, 2008
The Legal Theory Bookworm recommends The Practice of Principle: In Defence of a Pragmatist Approach to Legal Theory by Jules Coleman. Here is a description of this contemporary classic: Jules Coleman, one of the world's most influential philosophers of law...

New in the Stanford Encyclopedia of Philosophy

Posted on April 11, 2008
New entries: Definitions by Anil Gupta John Raws by Leif Weinar Revised entries: Knowledge by Acquaintance vs. Description by Richard Fumerton Gottlob Frege by Edward N. Zalta Kant's Moral Philosophy by Robert Johnson Causal Determinism by Carl Hoefer

Leiter on Reaism & Moralism, Posner & Dworkin

Posted on April 11, 2008
Brian Leiter (University of Texas at Austin - School of Law & Department of Philosophy) has posted In Praise of Realism (and Against 'Nonsense' Jurisprudence) on SSRN. Here is the abstract: Ronald Dworkin describes an approach to how courts should...

Sunstein on the Constitutionality of OSHA

Posted on April 11, 2008
Cass R. Sunstein (University of Chicago - Law School) has posted Is OSHA Unconstitutional? on SSRN. Here is the abstract: Under the Occupational Safety and Health Act, the Secretary of Labor is authorized to issue whatever standards are reasonably necessary...

Niblett on Evolution of a Legal Rule

Posted on April 11, 2008
Anthony Niblett (Harvard University - Faculty of Arts and Sciences), Richard A. Posner (United States Court of Appeals) & Andrei Shleifer (Harvard University - Department of Economics) have posted The Evolution of a Legal Rule on SSRN. Here is the...

Bartow on Democratic Process & IP

Posted on April 11, 2008
Ann Bartow (University of South Carolina - School of Law) has posted When Bias is Bipartisan: Teaching About the Democratic Process in an Intellectual Property Law Republic on SSRN. Here is the abstract: This essay asserts that intellectual property law...

Hasen on the Internet & Campaign Finance Regulation

Posted on April 10, 2008
Rick Hasen has posted "Political Equality, the Internet, and Campaign Finance Regulation" in The Forum. You can also access it through his blog here. Here is the abstract: Despite signs from the 2004 presidential election contest pointing to a larger...

Hirsch on Testamentary Obsolescence

Posted on April 10, 2008
Adam J. Hirsch (Florida State University College of Law) has posted Text and Time: A Theory of Testamentary Obsolescence (Washington University Law Review, Vol. 68, No. 3, 2008) on SSRN. Here is the abstract: Events may occur after a will...

Eagle on Kelo & Municipal Industrial Policy

Posted on April 10, 2008
Steven J. Eagle (George Mason University - School of Law) has posted Kelo, Directed Growth, and Municipal Industrial Policy on SSRN. Here is the abstract: This article explores trends towards increased local government land use regulation to spur economic development...

MacCoun & Martin on Drug Prohibition

Posted on April 10, 2008
Robert MacCoun and Karin D. Martin (University of California, Berkeley - The Richard & Rhoda Goldman School of Public Policy and University of California, Berkeley - The Richard & Rhoda Goldman School of Public Policy) have posted Drug Use and...

Miller on Jurisdictional Exhaustion

Posted on April 10, 2008
Colin Miller (John Marshall Law School) has posted 'Manifest' Destiny?: How Some Courts Have Fallaciously Come to Require a Greater Showing of Congressional Intent for Jurisdictional Exhaustion Than They Require for Preemption (Brigham Young University Law Review, Vol...

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