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Academic

Legal Theory Blog Legal Theory Blog

Thoughts about current developments in normative legal theory and jurisprudence.
By Larry Solum

Post Frequency: 72.9/day

Last Entry: May 17, 2013 at 23:35:00

Recent Entries: 9476

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Saunders on Federalism in Australia

Posted on May 17, 2013
Cheryl Saunders (Melbourne Law School) has posted Can Federalism Have Jurisprudential Weight (in T. Courchene, J. Allan, C. Leuprecht and N. Verrelli (eds), The Federal Idea: Essays in Honour of Ronald L. Watts, McGill-Queen's University Press (2011)) on SSRN...


Moliterno on Lawyer Regulation

Posted on May 17, 2013
James E. Moliterno (Washington and Lee University - School of Law) has posted The Trouble with Lawyer Regulation (Emory Law Journal, Vol. 62, p. 101, 2013) on SSRN. Here is the abstract: The American legal profession has been a backward-looking,...


Mak on Moderately Pluralist Contract Theory

Posted on May 17, 2013
Chantal Mak (University of Amsterdam - Centre for the Study of European Contract Law (CSECL)) has posted The One and the Many: Translating Insights from Constitutional Pluralism to European Contract Law Theory (European Review of Private Law, Forthcoming) on SSRN...


Christie on Natural Law, Natural Rights, & Judicial Decision Making

Posted on May 17, 2013
George C. Christie (Duke University - School of Law) has posted Judicial Decision Making in a World of Natural Law and Natural Rights (Villanova Law Review, Vol. 57, No. 5, 2012) on SSRN. Here is the abstract: This article was...


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Eleftheriadis on Democracy & the Eurozone

Posted on May 17, 2013
Pavlos Eleftheriadis (University of Oxford - Faculty of Law) has posted Democracy in the Eurozone (WG Ringe and P Huber (eds), Legal Challenges Arising out of the Global Financial Crisis: Bail-outs, the Euro, and Regulation (Oxford: Hart Publishing) (2013, Forthcoming))...


Schmitz on Gender in Consumer Contracts

Posted on May 17, 2013
Amy Schmitz (University of Colorado Law School) has posted Sex Matters: Considering Gender in Consumer Contracts (Cardozo Journal of Law & Gender, Vol. 19, pp. 437-509, 2013) on SSRN. Here is the abstract: We hear about the so-called ?War on...


Tushnet on Copyright & Performance

Posted on May 16, 2013
Rebecca Tushnet (Georgetown University Law Center) has posted Performance Anxiety: Copyright Embodied and Disembodied (Journal of the Copyright Society of the U.S.A., Forthcoming) on SSRN. Here is the abstract: The primary economic and cultural significance of copyright today comes from...


Esbeck on Establishment Clause Standing

Posted on May 16, 2013
Carl H. Esbeck (University of Missouri School of Law) has posted Unwanted Exposure to Religious Expression by Government: Standing and the Establishment Clause (7 Charleston L. Rev. No. 1, 2013, Forthcoming) on SSRN. Here is the abstract: For nearly half...


Frau on Unmanned Military Systems & Human Rights

Posted on May 16, 2013
Robert Frau (European University Viadrina Frankfurt (Oder) - Law Faculty) has posted Unmanned Military Systems and Extraterritorial Application of Human Rights Law (Groningen Journal of International Law, Vol. 1, No. 1, 2013) on SSRN. Here is the abstract: The article...


Patrick on the Persistence of the Crime of Blasphemy

Posted on May 16, 2013
Jeremy Patrick (University of Southern Queensland School of Law) has posted The Curious Persistence of Blasphemy: Canada and Beyond on SSRN. Here is the abstract: The purpose of this dissertation is to examine the history and future of the crime...


Bowers on Effective Assistance of Plea-Bargaining Counsel

Posted on May 16, 2013
Josh Bowers (University of Virginia School of Law) has posted Lafler, Frye, and the Subtle Art of Winning by Losing (Federal Sentencing Reporter, Vol. 25, No. 2, pp. 126-130, 2012) on SSRN. Here is the abstract: In its recent decisions,...


Helie on Multiculturalism, Liberalism, Veils, & Harm to Women

Posted on May 16, 2013
Anissa Helie (CUNY, John Jay College of Criminal Justice) & Marie Ashe (Suffolk University Law School) have posted Multiculturalist Liberalism and Harms to Women: Looking Through the Issue of 'The Veil' (19 U.C. Davis Journal of International Law & Policy...


Depoorter on Losing & Legal Reform

Posted on May 15, 2013
Ben Depoorter (University of California Hastings College of Law) has posted The Upside of Losing (Columbia Law Review, Vol. 113, p. 817, 2013) on SSRN. Here is the abstract: Conventional understanding in legal reform communities is that time and resources...


Wuerth on Kiobel v. Royal Dutch Petroleum

Posted on May 15, 2013
Ingrid B. Wuerth (Vanderbilt University - Law School) has posted The Supreme Court and the Alien Tort Statute: Kiobel v. Royal Dutch Petroleum Co. (American Journal of International Law, Vol. 107, 2013) on SSRN. Here is the abstract: Alien Tort...


Bernstein & Parisi on Customary Law

Posted on May 15, 2013
Lisa Bernstein and Francesco Parisi (University of Chicago Law School and University of Minnesota - Law School) has posted Customary Law: An Introduction on SSRN. Here is the abstract: We wrote this brief essay as an introduction to the volume...


Adler on Measuring Equity

Posted on May 15, 2013
Matthew D. Adler (Duke University - School of Law) has posted Equity by the Numbers: Measuring Poverty, Inequality, and Injustice on SSRN. Here is the abstract: Can we measure inequity? Can we arrive at a number or numbers capturing the...


Wesson & du Plessis on the Hart-Dworkin Debate & South African Legal Theory

Posted on May 15, 2013
Murray Wesson and Max du Plessis (University of Western Sydney - School of Law and University of KwaZulu-Natal - Faculty of Law (Westville Campus)) has posted Hart, Dworkin and the Nature of (South African) Legal Theory ((2006) 123 South African...


Dearinger on Arizona Christian School Tuition Organization v. Winn

Posted on May 15, 2013
Bryan Dearinger (United States Department of Justice) has posted The Future of Taxpayer Standing in Establishment Clause Tax Credit Cases (Oregon Law Review, Forthcoming) on SSRN. Here is the abstract: It is unusual for scholars and litigators who work in...


Matczak on Legal Rules as Complex Text Acts

Posted on May 14, 2013
Marcin Matczak (Warsaw University - Faculty of Law and Public Administration) has posted Why Legal Rules Are Not Speech Acts and What Follows from That on SSRN. Here is the abstract: The speech-act approach to rules is commonplace in both...


Arlen & Tontrup on the Endowment Affect

Posted on May 14, 2013
Jennifer Arlen and Stephan W. Tontrup (New York University School of Law and Max Planck Institute for Research on Collective Goods) have posted A Process Account of the Endowment Effect: Voluntary Debiasing Through Agents and Markets on SSRN. Here is...


Laufer-Ukeles on Regulating Commercial Surrogacy

Posted on May 14, 2013
Pamela Laufer-Ukeles (University of Dayton - School of Law) has posted Mothering for Money: Regulating Commercial Intimacy (Indiana Law Journal, Vol. 88, No. 4, 2013) on SSRN. Here is the abstract: The payment for gestation resulting in a child, involving...


Kochan on Aretaic Legislation & Public Choice

Posted on May 14, 2013
Donald J. Kochan (Chapman University School of Law) has posted The Mask of Virtue: Theories of Aretaic Legislation in a Public Choice Perspective (St. Louis University Law Journal, Forthcoming) on SSRN. Here is the abstract: This Article is a first-of-its-kind...


van der Burg on "Forms Liberate: Reclaiming the Jurisprudence of Lon L Fuller" and "Legitimacy and Legality in International Law: An Interactional Account"

Posted on May 14, 2013
Wibren van der Burg (Erasmus University Rotterdam (EUR) - Erasmus School of Law) has posted The Work of Lon Fuller: A Promising Direction for Jurisprudence in the 21st Century on SSRN. Here is the abstract: This is a review article...


Wasserman on New York Times v. Sullivan & Jurisdiction

Posted on May 14, 2013
Howard M. Wasserman (Florida International University (FIU) - College of Law) has posted A Jurisdictional Perspective on New York Times v. Sullivan (Northwestern University Law Review, Vol. 107, No. 2, 2013) on SSRN. Here is the abstract: New York Times...


Friedman & Lakier on "Regulate" & the Commerce Clause

Posted on May 13, 2013
Barry Friedman (New York University School of Law) & Genevieve Lakier (University of Chicago Law School) have posted 'To Regulate,' Not 'To Prohibit': Limiting the Commerce Power on SSRN. Here is the abstract: Today it is taken for granted that...


Stone Sweet on "Beyond Constitutionalism" by Krisch

Posted on May 13, 2013
Alec Stone Sweet (Yale University - Yale Law School and Yale Political Science) has posted The Structure of Constitutional Pluralism (International Journal of Constitutional Law, 2013) on SSRN. Here is the abstract: The essay, a review of Nico Krisch's Beyond...


Bowers on the Right to Extralegal Counsel

Posted on May 13, 2013
Josh Bowers (University of Virginia School of Law) has posted Two Rights to Counsel (Washington and Lee Law Review, Forthcoming) on SSRN. Here is the abstract: This forthcoming essay argues that there is not one constitutionally recognized right to counsel,...


Adler on the Pigou-Dalton Principle & Distributive Justice

Posted on May 13, 2013
Matthew D. Adler (Duke University - School of Law) has posted The Pigou-Dalton Principle and the Structure of Distributive Justice on SSRN. Here is the abstract: The Pigou-Dalton (PD) principle recommends a non-leaky, non-rank-switching transfer of goods from someone with...


Mullenix on the Endurance of Class Litigation

Posted on May 13, 2013
Linda S. Mullenix (University of Texas School of Law) has posted Aggregate Litigation and the Death of Democratic Dispute Resolution (107 Nw. U. L. Rev. 511 (2013)) on SSRN. Here is the abstract: Professor Redish has both anchored the modern...


Lyke on Diversity as a Commons

Posted on May 13, 2013
Sheldon Bernard Lyke (Northwestern University - School of Law) has posted Diversity as Commons (Tulane Law Review, Forthcoming) on SSRN. Here is the abstract: Educational diversity arose as a shared valuable resource benefitting both universities and students in two landmark...


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