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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

Pildes on Free Enterprise Fund v. Public Company Accounting Oversight Board

Posted on September 17, 2010
Richard H. Pildes (New York University School of Law) has posted Free Enterprise Fund and the Unitary Executive Branch Vision of Administration (Duke Journal of Constitutional Law & Public Policy, Forthcoming) on SSRN. Here is the abstract: The recent Free...

Knowles on Root on Justice Thomas & Lysander Spooner

Posted on September 17, 2010
Helen Knowles comments on "Clarence Thomas' Favorite Anarchist: The radical anti-statism of Lysander Spooner" by Damon Root.

Mundstock on Kaplow on Utility from Accumulation

Posted on September 17, 2010
On Jotwell, check out Wealth is Just Capital! by George Mundstock, commenting on Utility from Accumulation by Louis Kaplow.

Lawson on Stipulating the Law

Posted on September 17, 2010
Gary Lawson (Boston University School of Law) has posted Stipulating the Law (Michigan Law Review, Vol. 109, Forthcoming) on SSRN. Here is the abstract: In Free Enterprise Fund v. Public Company Accounting Oversight Board, the Supreme Court decided important questions...

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Fellowship Announcement: Postdocs at the European University Institute

Posted on September 17, 2010
Postdoctoral Fellowships at the European University Institute, Florence (Italy) The deadline for applications for the academic year 2011-2012 is 25 October 2010 Max Weber Fellowships The Max Weber Programme (http://www.eui.eu/ProgrammesandFellowships/MaxWeberProgramme/Index...

Camacho on Assisted Migration & Climate Change

Posted on September 17, 2010
Alejandro E. Camacho (University of California, Irvine School of Law and Notre Dame Law School) has posted Assisted Migration: Redefining Nature and Natural Resource Law Under Climate Change (Yale Journal on Regulation, Vol. 27, p. 171, 2010) on SSRN...

Brooks on Hegel & Global Justice

Posted on September 17, 2010
Thom Brooks (Newcastle University - Newcastle Law School) has posted Between Statism and Cosmopolitanism: Hegel and the Possibility of Global Justice (in Andre Buchwalter (ed.), Hegel and Global Justice. Dordrecht: Springer, forthcoming) on SSRN. Here is the abstract: Strictly speaking,...

Call for Papers: Civil Litigation & Climate Change at Valparaiso

Posted on September 16, 2010
Call for Papers Civil Litigation as a Tool for Regulating Climate Change February 18, 2011 The purpose of this conference is to explore the interlinked policy, science, legal and political questions of utilizing the American litigation system, and particularly its...

Hirokawa on Property as Capture & Care

Posted on September 16, 2010
Keith H. Hirokawa (Albany Law School) has posted Property as Capture and Care on SSRN. Here is the abstract: This article describes property law as a constant negotiation between capture and care. On the one side, the rule of capture...

Shawhan on Birthright Citizenship

Posted on September 16, 2010
Mark Shawhan has posted 'By Virtue of Being Born Here': Birthright Citizenship and the Civil Rights Act of 1866 on SSRN. Here is the abstract: In recent years many commentators, politicians, and activists have argued that, as a historical matter,...

Bauries on State Constitutions & Individual Rights in School Finance Litigation

Posted on September 16, 2010
Scott R. Bauries (University of Kentucky College of Law) has posted State Constitutions and Individual Rights: Conceptual Convergence in School Finance Litigation (George Mason Law Review, Vol. 18, 2011 ) on SSRN. Here is the abstract: Since the advent of...

Dudziak on the Temporality of War & American Legal and Political Thought

Posted on September 16, 2010
Mary L. Dudziak (University of Southern California Law School) has posted Unlimited War and Social Change: Unpacking the Cold War's Impact on SSRN. Here is the abstract: This paper is a draft chapter of a short book critically examining the...

Conference Announcement: Religious Theory at St. John's

Posted on September 16, 2010
Religious Legal Theory Conference: Religion in Law, Law in Religion The Center for Law and Religion at St. John's School of Law is pleased to present the second annual Religious Legal Theory Conference. This year's theme, Religion in Law, Law...

Kindregan on Taxation & Collaborative Reporduction

Posted on September 16, 2010
Charles P. Kindregan, Jr. (Suffolk University Law School) has posted Taxing Parenthood: Federal Tax Law and Collaborative Reproduction (American Journal of Family Law, Vol. 24, No. 3, p. 134, Fall 2010) on SSRN. Here is the abstract: This article examines...

Manta on Criminal Sanctions for Violations of Intellectual Property Law

Posted on September 16, 2010
Irina D. Manta (Case Western Reserve University School of Law) has posted The Puzzle of Criminal Sanctions for Intellectual Property Infringement (Harvard Journal of Law and Technology, Vol. 24, 2011) on SSRN. Here is the abstract: Civil sanctions are available...

Conference Announcement: Norms & Moral Psychology at Sheffield

Posted on September 15, 2010
Conference: Culture and the Mind: NORMS AND MORAL PSYCHOLOGY 17-19 September 2010 About the Conference This interdisciplinary conference is the second of three conferences associated with the AHRC Culture and the Mind project. The conference brings together a range of...

Book Announcement: Uneasy Alliances by Frymer (Paperback)

Posted on September 15, 2010
Uneasy Alliances Race and Party Competition in America (New in Paper) Paul Frymer With a new afterword by the author To read the entire book description, please visit:http://press.princeton.edu/titles/9313.html Uneasy Alliances is a powerful challenge to how we think about the...

DeGirolami on Tamanaha on Formalism & Realism

Posted on September 15, 2010
Marc O. DeGirolami (St. John's University School of Law) has posted The Vanity of Dogmatizing (Constitutional Commentary, Vol. 27, 2010-2011) on SSRN. Here is the abstract: This essay considers Brian Tamanaha?s ?Beyond the Formalist-Realist Divide,? a book which takes aim...

Cenini, Luppi, and Parisi on Incentive Effects of Class Actions & Punitive Damages

Posted on September 15, 2010
Marta Cenini , Barbara Luppi and Francesco Parisi (University of Milan - Faculty of Law , Universit� degli studi di Modena e Reggio Emilia - Facolta di Economia and University of Minnesota - Law School) have posted Incentive Effects of...

Conference Announcement: Sincerity in Ethics, Politics, & IR at St. Gallen

Posted on September 15, 2010
SINCERITY IN ETHICS, POLITICS AND INTERNATIONAL RELATIONS Workshop organised by Sorin Baiasu (Keele) and Sylvie Loriaux (Nijmegen, Radboud) with the support of the Kantian Standing Group of the European Consortium for Political Research and the UK Kant Society...

Book Announcement: Out of Eden by Kahn

Posted on September 15, 2010
Out of Eden Adam and Eve and the Problem of Evil Paul W. Kahn To read the entire book description or a sample chapter, please visit: http://press.princeton.edu/titles/8301.html In Out of Eden, Paul W. Kahn offers a philosophical meditation on the...

Markel on Lauden & Allen on Errors in Criminal Procedure

Posted on September 15, 2010
Check out Dan Markel's Jotwell post on recent work by Lauden & Allen.

Norrie on Twining on General Jurisprudence from a Global Perspective

Posted on September 15, 2010
Alan W. Norrie (University of Warwick - School of Law) has posted Book Review: William Twining, 'General Jurisprudence: Understanding Law from a Global Perspective' on SSRN. Here is the abstract: A Book Review of William Twining's 'General Jurisprudence: Understanding Law...

Bellamy on Constitutionalism

Posted on September 15, 2010
Richard Bellamy (University College London - Department of Political Science) has posted Constitutionalism (INTERNATIONAL ENCYCLOPEDIA OF POLITICAL SCIENCE, B. Badie, D. Berg-Schlosser and L. Morlino, eds., IPSA/Sage, Forthcoming) on SSRN. Here is the abstract: Constitutionalism is sometimes regarded as a...

Markel & Flanders on Subjective Experiences of Punishment & Retributivism (Revised Version)

Posted on September 14, 2010
Dan Markel (Florida State University College of Law) & Chad Flanders (Saint Louis University - School of Law) have posted Bentham on Stilts: The Bare Relevance of Subjectivity to Retributive Justice (98 California Law Review 909-990 (2010)) on SSRN. Here...

Perry on Rights, Constitutions, & Courts

Posted on September 14, 2010
Michael J. Perry (Emory University School of Law) has posted Rights, Constitutions, Courts on SSRN. Here is the abstract: 1. Why entrench certain rights - certain rights of the sort we today call human rights - in a constitution, rather...

Steinman on Shady Gove Orthopedic Associates v. Allstate Insurance Co.

Posted on September 14, 2010
Adam Steinman (Seton Hall University - School of Law) has posted Our Class Action Federalism: Erie and the Rules Enabling Act after Shady Grove (Notre Dame Law Review, Forthcoming) on SSRN. Here is the abstract: The intersection of federalism and...

Levitt on Citizens United v. Federal Election Commission

Posted on September 14, 2010
Justin Levitt (Loyola Law School - Los Angeles) has posted Confronting the Impact of Citizens United (Yale Law & Policy Review, Vol. 29, 2010) on SSRN. Here is the abstract: A recent backlash against perceived corporate primacy has spurred substantial...

Struve on As-Applied Challenges under the Rules Enabling Act

Posted on September 14, 2010
Catherine T. Struve (University of Pennsylvania Law School) has posted Institutional Practice, Procedural Uniformity, and As-Applied Challenges under the Rules Enabling Act (Notre Dame Law Review, Forthcoming) on SSRN. Here is the abstract: Addressing the Supreme Court?s decision last Term...

Kochan on an Anti-Interference Conception of Equality

Posted on September 14, 2010
Donald J. Kochan (Chapman University - School of Law) has posted On Equality: The Anti-Interference Principle (University of Richmond Law Review, Vol. 44, No. 2, 2011 (forthcoming)) on SSRN. Here is the abstract: This Essay introduces the ?Anti-Interference Principle? ?...

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