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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

Sadat on a Rawlsian Theory of International Criminal Justice

Posted on October 29, 2010
Leila N. Sadat (Washington University School of Law in St. Louis) has posted A Rawlsian Approach to International Criminal Justice and the International Criminal Court (Tulane Journal of International & Comparative Law, Vol. 19.1, 2010) on SSRN. Here is the...

Coan on an Institutional Analysis of Assisted Reproduction & Equality

Posted on October 29, 2010
Andrew B. Coan (University of Wisconsin Law School) has posted Assisted Reproductive Equality: An Institutional Analysis (Case Western Reserve Law Review, Forthcoming) on SSRN. Here is the abstract: Should the constitutional right to procreative liberty extend to assisted reproductive technologies?...

Pardo & Patterson on the Philosophical Foundations of Law & Neuroscience

Posted on October 28, 2010
Michael S. Pardo and Dennis Patterson (University of Alabama School of Law and European University Institute) have posted Philosophical Foundations of Law and Neuroscience on SSRN. Here is the abstract: According to a wide variety of scholars, scientists, and policymakers,...

Tiersma on Law & the Technologies of Communication

Posted on October 28, 2010
Peter Tiersma (Loyola Law School Los Angeles) has posted Parchment, Paper, Pixels: Law and the Technologies of Communication (forthcoming University of Chicago Press). Here is the abstract: This is the introductory chapter of Parchment, Paper, Pixels: Law and the Technologies...

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Joslin on Assisted Reproductive Technology, Marriage, and Child Welfare

Posted on October 28, 2010
Courtney G. Joslin (University of California, Davis - School of Law) has posted Protecting Children (?): Marriage, Gender, and Assisted Reproductive Technology (Southern California Law Review, Vol. 83, No. 101, 2010) on SSRN. Here is the abstract: The Supreme Court...

Green on Hume on Common Opinion and the Duty to Obey the Law

Posted on October 28, 2010
Leslie Green (University of Oxford - Faculty of Law) has posted 'Because Everyone Thinks So': Hume on Authority and Common Opinion on SSRN. Here is the abstract: Many legal and political philosophers think that common attitudes to authority impose powerful...

Fellowship Announcement: Equality of Opportunity & Education at Stanford

Posted on October 28, 2010
Stanford University Spencer Foundation Post-Doctoral Fellowships in Equality of Opportunity and Education The McCoy Family Center for Ethics in Society at Stanford is seeking two post doctoral scholars for a project focused on issues of equality of opportunity and the...

Bronsteen, Buccafusco, & Masur on Retribution & the Experience of Punishment

Posted on October 28, 2010
John Bronsteen (Loyola University Chicago School of Law), Christopher J. Buccafusco (Chicago-Kent College of Law), & Jonathan S. Masur (University of Chicago - Law School) have posted Retribution and the Experience of Punishment (California Law Review, Forthcoming) on SSRN...

Baker & Mezzetti on a Model of Judge-Made Law

Posted on October 27, 2010
Scott Baker and Claudio Mezzetti (Washington University School of Law in St. Louis and University of Warwick - Faculty of Social Studies) have posted A Theory of Rational Jurisprudence on SSRN. Here is the abstract: We develop a dynamic model...

Peterson on Muslim Women, Free Exercise, and Full Body Scanners

Posted on October 27, 2010
Rohen Peterson (University of California, San Francisco - Hastings College of the Law) has posted The Emperor?s New Scanner: Muslim Women at the Intersection of the First Amendment and Full Body Scanners (Hastings Women?s Law Journal, Forthcoming) on SSRN...

Travis on the FCC's Theory of the Freedom of Expression

Posted on October 27, 2010
Hannibal Travis (Florida International University College of Law) has posted The FCC's New Theory of the First Amendment (Santa Clara Law Review, Vol. 51, p. 101, 2010) on SSRN. Here is the abstract: This article describes the Federal Communications Commission?s...

Reeves on Judges in Morally Imperfect Legal Orders

Posted on October 27, 2010
Anthony R. Reeves (Department of Philosophy) has posted Judicial Practical Reason: Judges in Morally Imperfect Legal Orders on SRRN. Here is the abstract: I here address the question of how judges should decide questions before a court in morally imperfect...

Conference Announcement: The Margins of Citizenship at the University of London

Posted on October 27, 2010
Conference: The Margins of Citizenship Citizenship is a central concept in normative political philosophy, law, and public policy. It marks out those to whom we owe special attention, those who have the right to determine their society?s shape, and those...

Brown on Prosecutorial Power in the United States

Posted on October 27, 2010
Darryl K. Brown (University of Virginia School of Law) has posted American Prosecutors? Powers and Obligations In the Era of Plea Bargaining (TRANSNATIONAL PERSPECTIVES ON PROSECUTORIAL POWER, Erik Luna, ed., Forthcoming) on SSRN. Here is the abstract: This paper, written...

Shepherd & Hall on Patient-Centered Health Care Law & Ethics

Posted on October 27, 2010
Lois L. Shepherd and Mark A. Hall (University of Virginia Center for Biomedical Ethics and Humanities and Wake Forest University - School of Law) have posted Patient-Centered Health Law and Ethics (Wake Forest Law Review, Forthcoming) on SSRN. Here is...

Ginsburg on Administratie Law & Constitutionalism

Posted on October 26, 2010
Tom Ginsburg (University of Chicago Law School) has posted Written Constitutions and the Administrative State: On the Constitutional Character of Administrative Law (COMPARATIVE ADMINISTRATIVE LAW, Susan Rose-Ackerman, Peter Lindseth, eds., Edward Elgar Publishing, 2010) on SSRN...

Choi, Gulati, Holman, & Posner on Women Judges & Assessment of Judicial Output

Posted on October 26, 2010
Stephen J. Choi, G. Mitu Gulati , Mirya R. Holman and Eric A. Posner (New York University - School of Law , Duke University - School of Law , Florida Atlantic University and University of Chicago - Law School) have...

Dolan on Salazar v. Buono

Posted on October 26, 2010
Mary Jean Dolan (The John Marshall Law School) has posted P.S. Untold Stories and the Cross National Monument on SSRN. Here is the abstract: This Article offers an interesting post script to the Supreme Court?s Salazar v. Buono Establishment Clause...

Coan on Reproductive Freedom

Posted on October 26, 2010
Andrew B. Coan (University of Wisconsin Law School) has posted The Future of Reproductive Freedom on SSRN. Here is the abstract: The United States Supreme Court has long recognized a due process right to make deeply personal decisions such as...

Kinley on Human Rights Pluralism

Posted on October 26, 2010
David Kinley (University of Sydney - Faculty of Law) has posted Bendable Rules: The Development Implications of Human Rights Pluralism (LEGAL PLURALISM AND DEVELOPMENT POLICY, C. Sage, B. Tamanaha, M. Woolcock, eds., Cambrdge University Press, Forthcoming) on SSRN...

Thorburn on Privatizing Police Services & Liberal Political Theory

Posted on October 26, 2010
Malcolm Thorburn (Queen's University - Faculty of Law) has posted Reinventing the Night-Watchman State? (University of Toronto Law Journal, Vol. 60, p. 425, 2010) on SSRN. Here is the abstract: This article raises a principled objection to the privatization of...

Jesson on Health Policy & the Tax Code

Posted on October 25, 2010
Lucinda Jesson (Health Law Institute, Hamline University School of Law) has posted Creating Health Policy Through the Tax Code (BEYOND EFFICIENCY, Forthcoming) on SSRN. Here is the abstract: This book chapter examines the intersection between health and tax policy...

Callahan, Lindemenn, & Orbach on the "Firearms Freedom Act"

Posted on October 25, 2010
Kathleen S. Callahan , Lisa M. Lindemenn and Barak Y. Orbach (University of Arizona - James E. Rogers College of Law , University of Arizona - James E. Rogers College of Law and University of Arizona) have posted Arming States'...

Ratner on Positivism & Cosmopolitan Justice

Posted on October 25, 2010
Steven R. Ratner (University of Michigan Law School) has posted From Enlightened Positivism to Cosmopolitan Justice: Obstacles and Opportunities (FROM BILATERALISM TO COMMUNITY INTEREST: ESSAYS IN HONOUR OF JUDGE BRUNO SIMMA, Oxford: Oxford University Press, 2011) on SSRN...

Mootz on Anti-Discrimination Rhetoric

Posted on October 25, 2010
Francis Joseph Mootz III (William S. Boyd School of Law, UNLV) has posted In Search of the Reasonable Woman: Anti-Discrimination Rhetoric in the United States (ANTI-DISCRIMINATION DISCOURSE AND PRACTICES, Silvia Niccolai, ed., 2011) on SSRN. Here is the abstract: This...

Boyd on "Ways of Seeing" & Climate Governance

Posted on October 25, 2010
William Boyd (University of Colorado Law School) has posted Ways of Seeing in Environmental Law: How Deforestation Became an Object of Climate Governance (Ecology Law Quarterly, Vol. 37, No. 843, 2010) on SSRN. Here is the abstract: Few areas of...

Legal Theory Lexicon: Justice

Posted on October 24, 2010
Introduction The connection between law and justice is a deep one. We have "Halls of Justice," "Justices of the Supreme Court," and "the administration of justice." We know that "justice" is one of the central concepts of legal theory, but...

Legal Theory Bookworm

Posted on October 23, 2010
The Legal Theory Bookworm recommends Limits of Legality: The Ethics of Lawless Judging by Jeffrey Brand-Ballard. Here is a description: Judges sometimes hear cases in which the law, as they honestly understand it, requires results that they consider morally objectionable...

Download of the Week

Posted on October 23, 2010
The Download of the Week is Independence and Interdependence: Lessons from the Hive by Adrian Vermeule (and Christian List. Here is the abstract: There is a substantial class of collective decision problems whose successful solution requires interdependence among decision makers...

Emens on Discriminate & the Intimate Domain

Posted on October 22, 2010
Elizabeth F. Emens (Columbia Law School) has posted Intimate Discrimination: The State's Role in the Accidents of Sex and Love on SSRN. Here is the abstract: This is a challenging moment for the law of discrimination. The state?s role in...

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