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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

John F. Blevins (South Texas College

Posted on March 05, 2008
John F. Blevins (South Texas College of Law) has posted A Fragile Foundation -- The Role of Intermodal and Facilities-Based Competition in Communications Policy on SSRN. Here is the abstract: The communications industry is currently experiencing extensive and rapid deregulation...

Blevins on Competition in Communications Policy

Corcos on Tocqueville in Judicial Opinions

Posted on March 05, 2008
Christine A. Corcos (Louisiana State University, Baton Rouge - Paul M. Hebert Law Center) has posted A Man for All Reasons: The Use of Tocqueville's Writing in U. S. Judicial Opinions (Louisiana Law Review, 2008) on SSRN. Here is the...

Bainbridge on Insider Trading Cases

Posted on March 05, 2008
Stephen M. Bainbridge (University of California, Los Angeles - School of Law) has posted The Iconic Insider Trading Cases on SSRN. Here is the abstract: This essay traces the evolution of insider trading jurisprudence, focusing on the three iconic Supreme...

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Handler on Workfare

Posted on March 05, 2008
Joel F. Handler (University of California, Los Angeles - School of Law) has posted The Rise and Spread of Workfare, Activation, Devolution, and Privatization, and the Changing Status of Citizenship on SSRN. Here is the abstract: The paper discusses the...

Chethem on Punishment for Extraterritorial Conduct

Posted on March 05, 2008
Alejandro Chehtman (London School of Economics - Law Department) has posted Should States Have the Right to Punish Municipal Offences Committed Abroad? on SSRN. Here is the abstract: This paper provides a philosophical critique of the principles that currently govern...

Nussbaum on Equal Liberty of Conscience

Posted on March 05, 2008
Check out Martha Nussbaum on "Equality Liberty of Conscience" via Brooks Blog!

Wasserman on Dodson's Trichotomy

Posted on March 04, 2008
Howard M. Wasserman (Florida International University - College of Law) has posted Jurisdiction, Merits, and Procedure: Thoughts on Dodson's Trichotomy (Northwestern University Law Review, Vol. 102, No. 3, 2008) on SSRN. Here is the abstract: In In Search of Removal...

Dodson on Bowles v. Russell

Posted on March 04, 2008
Scott Dodson (University of Arkansas - School of Law) has posted The Failure of Bowles v. Russell (Tulsa Law Review, Vol. 43, No. 1, 2008) on SSRN. Here is the abstract: This article, written for the Supreme Court Review issue...

Adler on Water Marketing & Global Warming

Posted on March 04, 2008
Jonathan H. Adler (Case Western Reserve University - School of Law) has posted Water Marketing as an Adaptive Response to the Threat of Climate Change (Hamline Law Review, Forthcoming) on SSRN. Here is the abstract: Demographic changes and existing water...

Shahinpoor on the National Security Exception to the Fourth Amendment

Posted on March 04, 2008
Sheerin N. Shahinpoor (George Washington University) has posted Sometimes You Have to Go Backwards to Go Forwards: Judicial Review and the New National Security Exception to the Fourth Amendment on SSRN. Here is the abstract: National security concerns have historically...

Weiser & Hatfield on Spectrum Policy Reform

Posted on March 04, 2008
Phil Weiser and Dale N. Hatfield (University of Colorado Law School and University of Colorado at Boulder) have posted Spectrum Policy Reform and the Next Frontier of Property Rights (George Mason Law Review, Vol. 60, No. 3, 2008) on SSRN....

Fleischer on Taxing Sovereign Wealth Funds

Posted on March 04, 2008
Vic Fleischer has a very interesting post entitled Taxing Sovereign Wealth Funds. Here's a tiny taste: The big worry is that these sovereign wealth funds are Trojan horses which will allow foreign governments to shape and influence American enterprise in...

Legal Theory Calendar

Posted on March 04, 2008
Via Legal Scholarship Blog, downloadable paper (just one today) from today's workshops: Chicago Law & Politics: Nathaniel Persily, Vote Fraud in the Eye of the Beholder: The Role of Public Opinion in the Challenge to Voter Identification Requirements

And yet more on "natural born citizens"

Posted on March 04, 2008
The Yale Law Journal's Pocket Part has made Jill A. Pryor, Note, The Natural-Born Citizen Clause and Presidential Eligibility: Resolving Two Hundred Years of Uncertainty, 97 Yale L.J. 881 (1988) available online. If you missed it, check out Jack Balkin's...

2008 Entry Level Hiring Report: Version 2.1

Posted on March 04, 2008
Here is version 2.1 of the 2008 Entry Level Hiring Report. As of March 4, 2008, I have received 84 reports. Results are in the continuation of this post. This post will remain at the top of the blog for...

DeGirolami on Religious Learning & the Constitution

Posted on March 03, 2008
Marc O. DeGirolami (Columbia Law School) has posted The Constitutional Paradox of Religious Learning on SSRN. Here is the abstract: The constitutional paradox of religious learning is the problem of knowing that religion - including the teaching about religion -...

Barros on Property & Freedom

Posted on March 03, 2008
Benjamin Barros (Widener University - School of Law) has posted Property and Freedom on SSRN. Here is the abstract: Private property is often defended on the basis that it promotes individual freedom. Discussion of this subject has typically taken place...

Gable on Human Rights & Global Health

Posted on March 03, 2008
Lance Gable (Wayne State University Law School) has posted The Proliferation of Human Rights in Global Health Governance (Journal of Law, Medicine and Ethics, Vol. 35, No. 534, 2007) on SSRN. Here is the abstract: Human rights play an integral,...

Portmore on Hooker on Rule Consequentialism

Posted on March 03, 2008
Douglas Portmore has posted Rule-Consequentialism and Irrelevant Others on the web. Here is an abstract: In this paper, I argue that Brad Hooker?s rule-consequentialism implausibly makes what Earthlings are morally required to do for the sake of aiding their fellow...

Colb on Torture

Posted on March 03, 2008
Sherry F. Colb (Columbia Law School) has posted Why is Torture "Different" and How "Different" is it? on SSRN. Here is the abstract: Almost every serious commentator to address the moral and legal question of torture has taken for granted...

Zhang on Explaining the Preference for Administrative Procedures in China

Posted on March 03, 2008
Taisu Zhang (Yale University - Law School) has posted The Xinfang Phenomenon: Why the Chinese Prefer Administrative Petitioning Over Litigation on SSRN. Here is the abstract: China's rather peculiar system of Xinfang was established in the early 1950s as a...

Conference Announcement: IP Scholars at Stanford

Posted on March 03, 2008
Save the Date: Eighth Annual Intellectual Property Scholars Conference The Program in Law, Science & Technology at Stanford Law School will host the Eighth Annual Intellectual Property Scholars Conference on August 7-8, 2008. Please save the date! The IP Scholars...

New & Revised in the Stanford Encyclopedia of Philosophy

Posted on March 03, 2008
The Stanford Encyclopedia of Philosophy is an incredible online resource. Here are some of the most recent new & revised entries: New: Evolutionary Psychology by Stephen M. Downes Value Theory by Mark Schroeder The Definition of Lying and Deception by...

Legal Theory Calendar

Posted on March 03, 2008
Downloadable papers from today?s workshops, via Legal Scholarship Blog: Columbia Law & Economics: Vikrant Vig (London Business), Securitization and Screening: Evidence from Subprime Mortgage Back Securities: Theories of financial intermediation suggest that securitization, the act of converting illiquid loans into...

Legal Theory Lexicon: The Rule of Law

Posted on March 02, 2008
Introduction This installment of the Legal Theory Lexicon provides a very short introduction to the idea of "the rule of law," aimed as usual at law students (especially first year law students) with an interest in legal theory. What is...

Legal Theory Bookworm

Posted on March 01, 2008
The Legal Theory Bookworm recommends Overcriminalization: The Limits of the Criminal Law by Douglas Husak. Here is a description: In the US, one out of every 138 residents is incarcerated. The size of the prison population has quadrupled since 1980.....

Download of the Week

Posted on March 01, 2008
The Download of the Week is Contracts as Plans by Curtis Bridgeman. Here is the abstract: This paper offers an original theory of contract law that draws from recent work in the philosophy of action and legal theory. Human beings...

More on Natural Born Citizens

Posted on March 01, 2008
Check out this hysterically funny post by Jack Balkin! A tiny taste: Suppose we say that the United States begins in 1775, so that Washington was a resident of the United States for fourteen years before he became President. Nevertheless,...

Boudreau & McCubbins on Adversarial Expert Testimony

Posted on February 29, 2008
Cheryl Boudreau and Mathew D. McCubbins (University of California, Davis and University of California, San Diego - Political Science) have posted Nothing But the Truth? Experiments on Adversarial Competition, Expert Testimony, and Decision Making on SSRN...

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