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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

Inazu on Freedom of Assembly

Posted on October 18, 2010
John D. Inazu (Duke University School of Law) has posted Liberty's Refuge: The Forgotten Freedom of Assembly (Yale University Press, Forthcoming) on SSRN. Here is the abstract: This paper is the introduction to the forthcoming book Liberty's Refuge: The Forgotten...

Fritz on a Collective Sovereign & American Constitutionalism

Posted on October 18, 2010
Christian G. Fritz (University of New Mexico School of Law) has posted Foreword: Out from Under the Shadow of the Federal Constitution: An Overlooked American Constitutionalism (Rutgers Law Journal, Forthcoming) on SSRN. Here is the abstract: Most scholars of constitutional...

Conference Announcement: Comparative Law Works in Progress Workshop at Yale

Posted on October 18, 2010
Sixth Annual Comparative Law Works in Progress Workshop February 11-12, 2011, to be held at Yale Law School Sponsored by: American Society of Comparative Law Yale Law School University of Illinois College of Law Princeton University, Program for Law and...

Hillman & Rhodes on Digital Client Files & Lawyer Mobility

Posted on October 18, 2010
Robert W. Hillman (University of California, Davis - School of Law) & Allison Rhodes (Hinshaw & Culbertson LLP) have posted Client Files and Digital Law Practices: Rethinking Old Concepts in an Era of Lawyer Mobility (Suffolk University Law Review, Vol...

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Cooter & Siegel on Collective Action Federalism

Posted on October 18, 2010
Robert D. Cooter and Neil Siegel (University of California, Berkeley - School of Law and Duke University - School of Law) have posted Collective Action Federalism: A General Theory of Article I, Section 8 (Stanford Law Review, Forthcoming) on SSRN....

Download of the Week

Posted on October 17, 2010
The Download of the Week is Sexual Reorientation by Elizabeth M. Glazer. Here is the abstract: Bisexuals have been invisible for at least ten years. Ten years ago, Kenji Yoshino wrote about the ?epistemic contract of bisexual erasure,? the tacit...

Legal Theory Bookworm

Posted on October 17, 2010
The Legal Theory Bookworm recommends The Imperative of Integration by Elizabeth Anderson. Here is a description: More than forty years have passed since Congress, in response to the Civil Rights Movement, enacted sweeping antidiscrimination laws in the Civil Rights Act...

Legal Theory Lexicon: The Rule of Law

Posted on October 17, 2010
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...

Hasen on Secret Donations

Posted on October 15, 2010
Richard Hasen has a piece entitled Show Me the Donors on Slate. Here is a taste: Democrats in Congress have proposed tightening up these rules yet again in the DISCLOSE Act, but they larded up the bill with new limits...

Smith on the School Prayer Decisions of the Early 1960s

Posted on October 15, 2010
Steven Douglas Smith (University of San Diego School of Law) has posted Constitutional Divide: The Transformative Significance of the School Prayer Decisions on SSRN. Here is the abstract: This article challenges the standard view in which Everson v. Board of...

Pollack on Government Marks

Posted on October 15, 2010
Malla Pollack has posted Patriotism for Profit and Persuasion: The Trademark, Free Speech, and Governance Problems with Protection of Governmental Marks in the United States (Trademark Reporter, Vol. 100, Sept./Oct. 2010) on SSRN. Here is the abstract: "Governmental marks" are...

Tillman on Chafetz on Impeachment & Assasination

Posted on October 15, 2010
Seth Barrett Tillman (United States District Court, NJ) has posted The Originalist Who Came in from the Cold: A Response to Professor Josh Chafetz's Impeachment & Assassination on SSRN. Here is the abstract: This article is a short response to...

Hatzis & Foka-Kavalieraki on Economic Rationality

Posted on October 15, 2010
Aristides N. Hatzis and Yulie Foka-Kavalieraki (University of Athens - Department of Philosophy & History of Science and University of Athens ? Department of Philosophy & History of Science) have posted Rational after All: Toward an Improved Model of Rationality...

Tress on Valid Federal Laws Missing from the United States Code

Posted on October 15, 2010
Will Tress (University of Baltimore - School of Law) has posted Lost Laws: What We Can?t Find in the United States Code (Golden Gate University Law Review, Vol. 40, No. 2, pp. 129-164, Winter 2010) on SSRN. Here is the...

Russell on Lavergne on Sweatt v. Painter

Posted on October 15, 2010
Thomas D. Russell (University of Denver Sturm College of Law) has posted Review of Gary M. Lavergne, Before Brown: Heman Marion Sweatt, Thurgood Marshall, and the Long Road to Justice (University of Texas Press, 2010) (Austin American-Statesman, October 17, 2010)...

Kwall on Intellectual Property & Jewish Law

Posted on October 15, 2010
Roberta Rosenthal Kwall (DePaul University - College of Law) has posted Intellectual Property Law and Jewish Law: A Comparative Perspective on Absolutism (Yale Journal of Law and the Humanities, Vol. 22, 2010) on SSRN. Here is the abstract: One's theory...

Hacker on Law & Society

Posted on October 14, 2010
Daphna Hacker (Tel-Aviv University) has posted Law and Society Jurisprudence (Cornell Law Review, Forthcoming) on SSRN. Here is the abstract: This paper strives to present the law and society community's actual and potential contribution to the legal discipline...

Dworkin on Human Rights & International Law

Posted on October 14, 2010
Ronald Dworkin has posted Human Rights and International Law on SSRN. There is no abstract & Dworkin requests that readers not quote from the paper.

Humbach on Prosecution & Federalism

Posted on October 14, 2010
John A. Humbach (Pace University School of Law) has posted Returning Prosecutions to the States: A Proposal for a Criminal Justice Restoration Act on SSRN. Here is the abstract: The expensive and largely redundant Federal justice bureaucracy could be reduced...

Brooks on the British Idealists

Posted on October 14, 2010
Thom Brooks (Newcastle University - Newcastle Law School) has posted What Did the British Idealists Ever Do for Us? (NEW WAVES IN ETHICS, T. Brooks, ed., Basingstoke: Palgrave Macmillan, Forthcoming) on SSRN. Here is the abstract: Perhaps one of the....

Haack on Popper's Philosophy of Science & Daubert

Posted on October 14, 2010
Susan Haack (University of Miami - School of Law) has posted Federal Philosophy of Science: A Deconstruction - And a Reconstruction (New York University Journal of Law and Liberty, Vol. 5, No. 2, p. 394, 2010) on SSRN. Here is...

Sciullo on Poststructuralist Critique of the Global War on Terror

Posted on October 14, 2010
Nick J. Sciullo (West Virginia University College of Law) has posted The Ghost in the Global War on Terror: Critical Perspectives and Dangerous Implications for National Security and the Law (Drexel Law Review, Vol. 3, 2010) on SSRN. Here is...

Arvan on a Nonideal Theory of justice

Posted on October 13, 2010
Marcus Arvan has posted Foundations of a Nonideal Theory of Justice on the Internet. Here is the abstract: This paper systematically extends John Rawls? original position to nonideal theory, showing how it is both reasonable and rational for the parties...

Nzelibe on International Law & Domestic Political Conflict

Posted on October 13, 2010
Jide Nzelibe (Northwestern University - School of Law) has posted Strategic Globalization: International Law as an Extension of Domestic Political Conflict (Northwestern University Law Review, Forthcoming) on SSRN. Here is the abstract: Traditional accounts in both the international law and...

Reinstein on the Original Understanding of the Recognition Power

Posted on October 13, 2010
Robert Reinstein (Temple University - James E. Beasley School of Law) has posted Recognition: A Case Study on the Original Understanding of Executive Power on SSRN. Here is the abstract: This article focuses on a question never before examined in...

Jonakait on the Original Meaning of Criminal Procedure Rights

Posted on October 13, 2010
Randolph N. Jonakait (New York Law School) has posted Finding the Original Meaning of American Criminal Procedure Rights: Lessons from Reasonable Doubt's Development on SSRN. Here is the abstract: Lessons can be learned about finding the original meaning of American...

Bassok on Sociological Difficulty & the Supreme Court

Posted on October 13, 2010
Or Bassok (Yale Law School) has posted The Sociological-Legitimacy Difficulty (Journal of Law and Politics, Forthcoming) on SSRN. Here is the abstract: While the US Supreme Court?s normative legitimacy problems, and especially the countermajoritarian difficulty, have received wide scholarly attention,...

Clark on Preemption

Posted on October 13, 2010
Bradford R. Clark (George Washington University Law School) has posted Process-Based Preemption (PREEMPTION CHOICE: THE THEORY, LAW AND REALITY OF FEDERALISM'S CORE QUESTION, pp. 192-213., W. Buzbee ed., Cambridge Univ. Press 2009) on SSRN. Here is the abstract: The question...

Glazier on Bisexuality & Gender Orientation

Posted on October 12, 2010
Elizabeth M. Glazer (Hofstra University - School of Law) has posted Sexual Reorientation on SSRN. Here is the abstract: Bisexuals have been invisible for at least ten years. Ten years ago, Kenji Yoshino wrote about the ?epistemic contract of bisexual...

Chesney on Iraq & the Military Detention Debate

Posted on October 12, 2010
Robert M. Chesney (University of Texas School of Law) has posted Iraq and the Military Detention Debate: Firsthand Perspectives from the Other War, 2003-2010 (Virginia Journal of International Law, Forthcoming) on SSRN. Here is the abstract: The post-9/11 debate regarding...

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