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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

Wilson on the Quantitative Ideology Models of Judiicial Behavior

Posted on April 09, 2008
Sean Wilson (Penn State) has posted On the Problems of Political Science and the Nonsense of Quantitative Ideology Models on SSRN. Here is the abstract: Quantitative scholars of the Court purport to be engaged in empirical science. Yet, the great...

Hasen on Congressional Power to Choose Presidential NOminees

Posted on April 09, 2008
Rick Hasen (Loyola Los Angeles) has posted "'Too Plain for Argument?' The Uncertain Congressional Power to Require Parties to Choose Presidential Nominees Through Direct and Equal Primaries" (also available in html here) at the Northwestern University Law Review Colloquy...

Leib on Friends as Fiduciaries

Posted on April 09, 2008
Etha Leib has posted Friends as Fiduciaries on SSRN. Here is the abstract: The Article argues that the law of fiduciary duties provides a good framework for friends to understand their duties to one another better, gives courts a useful...

Lash on the Free Exercise Clause

Posted on April 09, 2008
Kurt Lash (Loyola Los Angeles) has posted "The Second Adoption of the Free Exercise Clause: Religious Exemptions Under the Fourteenth Amendment" on SSRN. Here is the abstract: This Article explores the proposition that the Free Exercise Clause was adopted a...

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Larson on the Revolutionary Jury

Posted on April 09, 2008
Carlton Larson has posted The Revolutionary American Jury: A Case Study of the 1778-1779 Philadelphia Treason Trials on SSRN. Here is the abstract: Between September 1778 and April 1779, twenty-three men were tried in Philadelphia for high treason against the...

Conference Announcement: Virtue & Vice: Moral & Intellectual

Posted on April 09, 2008
Virtue & Vice: Moral and Intellectual Fullerton International Philosophy Conference Cal State Fullerton June 26-27, 2008 CONFERENCE WEBSITE: HTTP://HSS.FULLERTON.EDU/PHILOSOPHY/FIPC.HTM Schedule?June 26th, 2008 Jason Baehr (Loyola Marymount University) "Epistemic Malevolence" Heather Battaly (Cal State Fullerton) "Epistemic Self-Indulgence" Guy Axtell (University of...

Conference Announcement: Midwest Law & Society Retreat

Posted on April 09, 2008
Midwest Law and Society Retreat September 19-20, 2008 at the University of Wisconsin-Madison Hosted by the Institute for Legal Studies PROPOSAL DEADLINE: June 1, 2008 INVITATION: Faculty, independent scholars, and graduate students are cordially invited to the fourth Midwest Law...

Animals at Michigan

Posted on April 09, 2008
Online at the Michigan Law Review's First Impressions, Agricultural Animals and Animal Law.

Law on Judicial Power

Posted on April 08, 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...

Iowa Symposium on the Constitutionality of Summary Judgment

Posted on April 08, 2008
Almost everyone who is interested in civil procedure knows that Suja Thomas's work on the constitutionality of summary judgment has created an enormous stir on the bench and bar and in the ivory tower. The papers from a recent University...

Lee on User Generated Content

Posted on April 08, 2008
Edward Lee has posted Warming Up to User-Generated Content on SSRN. Here is the abstract: The most significant copyright development of the twenty first century has not arisen through any law enacted by Congress or opinion rendered by the Supreme...

Balkin on Framework Originalism and Skyscraper Originalism

Posted on April 08, 2008
Balkin continues his series of posts on originalism. Here is taste from the latest: Skyscraper originalism views the Constitution as more or less a finished product (albeit always subject to later Article V amendment). It allows ample room for democratic...

Wells on Funeral Protests

Posted on April 07, 2008
Christina E. Wells (University of Missouri School of Law) has posted Privacy and Funeral Protests on SSRN. Here is the abstract: This article examines the free speech implications of funeral protest statutes. Enacted in response to protests by the Westboro...

Gerards on Judicial Deliberation in the European Court of Human Rights

Posted on April 07, 2008
Janneke Hilligje Gerards (University of Leiden, Department of Public Law) has posted Judicial Deliberations in the European Court of Human Rights (THE LEGITIMACY OF HIGHEST COURTS' RULINGS, N. Huls, M. Adams, J. Bomhoff, eds., The Hague: T.M.C. Asser Institute, 2008)...

Benforado & Hanson on Situationalism

Posted on April 07, 2008
Adam Benforado and Jon D. Hanson (Harvard Law School) have posted The Great Attributional Divide: How Divergent Views of Human Behavior are Shaping Legal Policy (Emory Law Journal, Vol. 57, 2008) on SSRN. Here is the abstract: This article, the...

Hoffman on Judicial Power Over Pleadings

Posted on April 07, 2008
Lonny Sheinkopf Hoffman (University of Houston Law Center) has posted Burn Up the Chaff with Unquenchable Fire: What Two Doctrinal Intersections Can Teach Us About Judicial Power Over Pleadings on SSRN. Here is the abstract: This paper addresses the most...

Legal Theory Lexicon: Intention

Posted on April 06, 2008
Introduction Was it intentional? Did he intend to kill? What were the original intentions of the framers of the United States Constitution? "Intention" is an important concept for legal theory. On the one hand, "intention" figures prominently in theories of...

Legal Theory Bookworm

Posted on April 05, 2008
The Legal Theory Bookworm recommends Public Opinion and Constitutional Controversy edited by Nathaniel Persily, Jack Citrin, and Patrick Egan . Here is a description: American politics is most notably characterized by the heated debates on constitutional interpretation at the core...

Download of the Week

Posted on April 05, 2008
The Download of the Week is Soft Law by Jacob Gersen & Eric Posner. Here is the abstract: Soft law consist of rules issued by law-making bodies that do not comply with procedural formalities necessary to give the rules legal...

Esbeck on Hein v. Freedom from Religion Foundation

Posted on April 04, 2008
Carl H. Esbeck (University of Missouri School of Law) has posted What the Hein Decision Can Tell Us about the Roberts Court and the Establishment Clause (Mississippi Law Journal, Vol. 78, No. 2, Forthcoming) on SSRN. Here is the abstract:...

Robinson on the Metaphysics of Moral Conflict

Posted on April 04, 2008
Luke Robinson has posted Metaphysics of Moral Conflict on SSRN. Here is the abstract: One of the more fundamental questions raised by the generalism?particularism debate in ethics is just what a right-making factor (or reason) is. I contrast two possible...

Robinson on Right-Making Factors in the Generalism-Particularism Debate

Posted on April 04, 2008
Luke Robinson has posted Right-Making and Other Morally Relevant Factors on the Internet. Here is an abstract: One of the more fundamental questions raised by the generalism?particularism debate in ethics is just what a right-making factor (or reason) is...

Mirkay on Discrimination by Charities

Posted on April 04, 2008
Nicholas A Mirkay III (Widener University - School of Law) has posted Is it 'Charitable' to Discriminate?: The Necessary Transformation of Section 501(C)(3) into the Gold Standard for Charities (Wisconsin Law Review, Vol. 2007, No. 1) on SSRN. Here is...

Spinak on Problem-Solving Courts

Posted on April 04, 2008
Jane M. Spinak (Columbia Law School) has posted Romancing the Court (Family Court Review, Vol. 46, No. 2, pp. 258?274, April 2008) on SSRN. Here is the abstract: Problem-solving courts, created at the end of the 20th century, make court-based...

McAllister on Litigating Climate Change

Posted on April 04, 2008
Lesley K. McAllister (University of San Diego - School of Law) has posted Litigating Climate Change at the Coal Mine (ADJUCATING CLIMATE CHANGE: SUB-NATIONAL, NATIONAL, AND SUPRA-NATIONAL APPROACHES, William C.G. Burns, Hari M. Osofsky, eds., Cambridge University Press, Forthcoming) on...

Stras & Scott on Judicial Appointments

Posted on April 03, 2008
David Stras (University of Minnesota) & Ryan Scott (Department of Justice) have posted Navigating the New Politics of Judicial Appointments on SSRN. Here is the abstract: This Review Essay explores the new politics of judicial appointments by addressing the important...

Palmiter on Public Corporation as Private Constitution

Posted on April 03, 2008
Alan R. Palmiter (Wake Forest University - School of Law) has posted Public Corporation as Private Constitution on SSRN. Here is the abstract: The large publicly-traded corporation in the United States derives its essential structure and metaphoric language from the...

Kalsem & Williams on Social Justice Feminism

Posted on April 03, 2008
Kristin Kalsem and Verna L. Williams (University of Cincinnati - College of Law) have posted Social Justice Feminism on SSRN. Here is the abstract: For the past three years, women leaders from national groups, grassroots organizations, academia and beyond have...

Hylton on the Economics of Nuisance & Environmental Regulation

Posted on April 03, 2008
Keith N. Hylton (Boston University - School of Law) has posted The Economic Theory of Nuisance Law and Implications for Environmental Regulation (Case Western Reserve Law Review, 2008) on SSRN. Here is the abstract: I explore the economic structure of...

Appell on Biological Connection

Posted on April 03, 2008
Annette Ruth Appell (William S. Boyd School of Law, UNLV) has posted The Endurance of Biological Connection: Heteronormativity, Same-Sex Parenting and the Lessons of Adoption on SSRN. Here is the abstract: This paper traces the intersecting and diverging paths of...

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