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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

Krishnan & Kumar on Speedy Trial in India & the United States

Posted on September 23, 2010
Jayanth K. Krishnan and C. Raj Kumar (Indiana University Maurer School of Law and Vice Chancellor and Dean of Law) have posted Delay in Process, Denial of Justice: The Jurisprudence and Empirics of Speedy Trials in Comparative Perspective (Georgetown Journal...

Barnett on the Constitutionality of the Individual Health Insurance Mandate

Posted on September 22, 2010
Randy E. Barnett (Georgetown University Law Center) has posted Commandeering the People: Why the Individual Health Insurance Mandate is Unconstitutional (NYU Journal of Law & Liberty, Forthcoming) on SSRN. Here is the abstract: The ?Patient Protection and Affordable Care Act?...

Super on Flexibility

Posted on September 22, 2010
David Super (University of Maryland - School of Law) has posted Against Flexibility (Cornell Law Review, Vol. 96, 2011) on SSRN. Here is the abstract: Contemporary legal thinking is in the thrall of a cult of flexibility. We obsess about...

Thomas on Iqbal & Twombly

Posted on September 22, 2010
Suja A. Thomas (University of Illinois College of Law) has posted Oddball Iqbal and Twombly and Employment Discrimination (University of Illinois Law Review, 2010) on SSRN. Here is the abstract: This brief Essay argues that Bell Atlantic Corp. v. Twombly...

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Shanske on Recent Dormant Commerce Clause Jurisprudence

Posted on September 22, 2010
Darien Shanske (University of California, San Francisco - Hastings College of the Law) has posted The Supreme Court and the New Old Public Finance: A New Old Defense of the Court?s Recent Dormant Commerce Clause Jurisprudence on SSRN. Here is...

Loewy on the Fourth Amendment

Posted on September 22, 2010
Arnold H. Loewy (Texas Tech University School of Law) has posted The Fourth Amendment: History, Purpose, and Remedies on SSRN. Here is the abstract: In this article, Professor Loewy introduces the Fourth Amendment topics debated in the 2010 Texas Tech...

Malloy on Adam Smith in Judicial Opinions

Posted on September 22, 2010
Robin Paul Malloy (Syracuse University College of Law) has posted Adam Smith in the Courts of the United States (Loyola Law Review, Vol. 56, No. 3, p. 33, 2010) on SSRN. Here is the abstract: Be it on topics of...

Pope on Free Labor & Human Trafficking

Posted on September 21, 2010
James Gray Pope (Rutgers Law School - Newark) has posted A Free Labor Approach to Human Trafficking (University of Pennsylvania Law Review, Vol. 158, pp. 1849-1875, 2010) on SSRN. Here is the abstract: In theory, an unwanted thing or condition...

Risch on Bilski v. Kappon

Posted on September 21, 2010
Michael Risch (Villanova University School of Law) has posted Forward to the Past (Cato Supreme Court Review, p. 333, 2009-2010) on SSRN. Here is the abstract: The Supreme Court?s decision in Bilski v. Kappos - banning all patents claiming ??abstract...

Congleton on Coercion & Baselines

Posted on September 21, 2010
Roger D. Congleton (George Mason University - Center for Study of Public Choice) has posted Coercion, Taxation, and Voluntary Association on SSRN. Here is the abstract: Voluntary and coercive relationships among person play important roles in ethics, political theory, and...

Gluck on Intersystemic Statutory Interpretation & Erie

Posted on September 21, 2010
Abbe R. Gluck (Columbia University - Law School) has posted Intersystemic Statutory Interpretation: Methodology as ?Law? and the Erie Doctrine (Yale Law Journal, Vol. 120, 2011) on SSRN. Here is the abstract: This Article is the first to examine the....

Douglas on Election Law Procedure in Federal Courts

Posted on September 21, 2010
Joshua A. Douglas (University of Kentucky - College of Law) has posted The Procedure of Election Law in Federal Courts (Utah Law Review, Forthcoming) on SSRN. Here is the abstract: Much attention is paid to the substantive outcomes of election...

Bertram on Ripstein on Kant on the Right to Resist

Posted on September 21, 2010
Check out Ripstein, Kant and barbarism on SSRN. Here is a taste: I?ve just completed Arthur Ripstein?s Force and Freedom, his rather excellent book on Kant?s political philosophy. When I say excellent, I mean that Ripstein is clear, precise and...

Book Announcement: The Common Law of Intellectual Property, Edited by Ng, Bently, & D'Agostino

Posted on September 21, 2010
The Common Law of Intellectual Property Essays in Honour of Professor David Vaver Edited by Catherine W Ng, Lionel Bently and Giuseppina D'Agostino This collection of essays was written in honour of David Vaver, who recently retired as Professor of...

Goldstein on the Tea Party's Constitutional Vision

Posted on September 21, 2010
Jared A. Goldstein (Roger Williams University - School of Law) has posted The Tea Party's Constitution on SSRN. Here is the abstract: Tea Party activists have declared that the central goal of their movement is to return the federal government...

Mitchell on Murdock v. City of Memphis

Posted on September 20, 2010
Jonathan F. Mitchell has posted Reconsidering Murdock: State-Law Reversals as Constitutional Avoidance (University of Chicago Law Review, Vol. 77, No. 3, Summer 2010) on SSRN. Here is the abstract: In 1874, the Supreme Court held in Murdock v City of...

Klijnsma on Small and Medium Sized Enterprises & European Contract

Posted on September 20, 2010
Josse G. Klijnsma (University of Amsterdam - Centre for the Study of European Contract Law) has posted SMEs in European Contract Law: A Rawlsian Perspective on SSRN. Here is the abstract: In this article the position of SMEs in European...

Short Biography of G.A. Cohen by Michael Rosen.

Posted on September 20, 2010
Here. Link via Leiter.

Sullivan on Shin on Liability for Unconscious Discrimination on Jotwell

Posted on September 20, 2010
Check out Taking Cognizance of Cognitive Bias by Charles Sullivan on Jotwell--commenting on Patrick Shin's Liability for Unconscious Discrimination? A Thought Experiment in the Theory of Employment Discrimination Law.

McConnell on the Ninth Amendment

Posted on September 20, 2010
Michael W. McConnell (Stanford Law School) has posted The Ninth Amendment in Light of Text and History on SSRN. Here is the abstract: he Ninth Amendment may seem a strange subject for a lecture at a conference on the recent...

Chen on Smith on Government Speech

Posted on September 20, 2010
Alan K. Chen (University of Denver Sturm College of Law) has posted Right Labels, Wrong Categories: Some Comments on Steven D. Smith?s, Why Is Government Speech Problematic? (Denver University Law Review Online, Vol. 87, No. 78, 2010) on SSRN. Here...

Blank on the Zone of Combat & Counterterrorism

Posted on September 20, 2010
Laurie R. Blank (Emory University School of Law) has posted Defining the Battlefield in Contemporary Conflict and Counterterrorism: Understanding the Parameters of the Zone of Combat (Georgia Journal of International and Comparative Law, Vol. 39, No. 1, 2010-2011) on SSRN...

Legal Theory Lexicon: Conduct Rules and Decisions Rules

Posted on September 19, 2010
Introduction Substantive rules of law (such as the rules of torts, contract, and property) are usually assumed to be addressed to two audiences. As conduct rules, the substantive law is addressed to everyone (citizens, officials, and noncitizens). Thus, property law...

Graber!

Posted on September 19, 2010
Today on Balkinization.

Legal Theory Bookworm

Posted on September 18, 2010
The Legal Theory Bookworm recommends Rejecting Rights by Sonu Bedi. Here is a description: The language of rights is ubiquitous. It shapes the way we construct our debates over issues such as abortion, affirmative action and sexual freedom. This provocative...

Download of the Week

Posted on September 18, 2010
The Download of the Week is Unlimited War and Social Change: Unpacking the Cold War's Impact by Mary L. Dudziak. Here is the abstract: This paper is a draft chapter of a short book critically examining the way assumptions about...

Ohlin on Nash Equilibrium & International Law

Posted on September 17, 2010
Jens David Ohlin (Cornell Law School) has posted Nash Equilibrium and International Law (Cornell Law Review, Forthcoming) on SSRN. Here is the abstract: Game theory has been a mainstay in the international relations literature for several decades, but its appearance...

Froomkin on Executive Orders & Post-Hoc Rationalization

Posted on September 17, 2010
Check out Post-hoc Rationalizations and Executive Orders, a lovely post by Michael Froomkin on Discourse.net.

Markel, Collins, & Leib on Criminal Justice & the Family

Posted on September 17, 2010
Dan Markel, Jennifer M. Collins and Ethan J. Leib (Florida State University College of Law, Wake Forest University - School of Law and University of California - Hastings College of the Law) have posted Privilege or Punish: Criminal Justice and...

Hutchison on Interpretation & the Internet

Posted on September 17, 2010
Cameron J. Hutchison (University of Alberta - Faculty of Law) has posted Interpretation & the Internet (John Marshall Journal of Computer & Information Law, 2010) on SSRN. Here is the abstract: Almost twenty years have passed since the advent of...

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