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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

Posner on the Economics of Theology

Posted on April 01, 2011
Richard Posner (United States Court of Appeal and University of Chicago) has posted What Do Deities Maximize? on SSRN. Here is the abstract: This article presents a positive economic theory of the behavior of supernatural beings or deities. The essay...

Gerken on Concurring by Nondecision

Posted on April 01, 2011
Heather Gerken (Yale University - Law School) has posted Concurring by Nondecision on SSRN. Here is the abstract: In prior work, I have argued that radical dissent can be expressed through decision: dissenters can act radically. For example, when San...

Wittes on Defamation and Treason in the Early Republic

Posted on April 01, 2011
Benjamin Wittes (Brookings Institution) has posted Defamation and Treason in the Early Republic on SSRN. Here is the abstract: This article undercovers the history of an important but unnoticed incident in the early Republic, the indictment of Hiram Walters, editor...

Tushnet on Law Without Courts

Posted on April 01, 2011
Mark Tushnet (Harvard Law School) has posted Taking the Law Away from the Courts on SSRN. Here is the abstract: This article challenges hallowed American traditions of the judicial role in the adjudication of disputes. These traditions effectively create ultimate...

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Dorf on Constitutional Theory

Posted on April 01, 2011
Michael Dorf (Cornell) has posted A Theory of the Constitution (Harvard Law Review, forthcoming 2011) on SSRN. Here is the abstract: Despite the rich and varied literature, there is no unified theory of the Constitution. This article remedies this gap...

Lindgren on Ideology and Intelligence in Legal Scholarship

Posted on April 01, 2011
James Lindgren (Northwestern University) has posted Ideology and Intelligence in Legal Scholarship (forthcoming Journal of Empirical Legal Scholarship, 2011) on SSRN. Here is the abstract: A variety of commentators have suggested that there is positive correlation between the ideological valence...

Luban on Arendt & International Criminal Law

Posted on March 31, 2011
David J. Luban (Georgetown University Law Center) has posted Hannah Arendt as a Theorist of International Criminal Law (International Criminal Law Review, 2011) on SSRN. Here is the abstract: This paper examines Hannah Arendt's contributions as a theorist of international...

Stern on the Case Method & Detective Stories

Posted on March 31, 2011
Simon Stern (Faculty of Law, University of Toronto) has posted Detecting Doctrines: The Case Method and the Detective Story (Yale Journal of Law and the Humanities, Vol. 23, No. 2, 2011) on SSRN. Here is the abstract: Many scholars have...

Nahmod on Justice Souter & Government Speech

Posted on March 31, 2011
Sheldon H. Nahmod (Chicago-Kent College of Law - Institute for Law and the Humanities) has posted Justice Souter on Government Speech (Brigham Young University Law Review, Vol. 2010, p. 2097, 2010) on SSRN. Here is the abstract: Justice David Souter,...

Fenster on Wikileaks & Transparency

Posted on March 31, 2011
Mark Fenster (University of Florida - Fredric G. Levin College of Law) has posted Disclosure?s Effects: Wikileaks and Transparency on SSRN. Here is the abstract: Constitutional, criminal, and administrative laws regulating government transparency, and the theories that support them, rest...

Mason & Knoll on Tax Discrimination

Posted on March 31, 2011
Ruth Mason (University of Connecticut School of Law) & Michael S. Knoll (University of Pennsylvania Law School; University of Pennsylvania - Real Estate Department) have posted What is Tax Discrimination? (Yale Law Journal, Vol. 121) on SSRN. Here is the...

Book Announcement: Braintrust by Churchland

Posted on March 31, 2011
Braintrust What Neuroscience Tells Us about Morality Patricia S. Churchland To read the entire book description or the introduction, please visit: http://press.princeton.edu/titles/9399.html What is morality? Where does it come from? And why do most of us heed its call most...

Workshop Announcement: Conducting Empirical Legal Scholarship at Northwestern

Posted on March 31, 2011
The upcoming Conducting Empirical Legal Scholarship Workshop presented by Northwestern University School of Law and Washington University School of Law, will take place May 25-27, 2011, at Northwestern University School of Law in Chicago. The Conducting Empirical Legal Scholarship workshop...

Barnett, Fried, and Tribe Debate the Constitutionality of the Individual Mandate

Posted on March 31, 2011
The Petrie-Flom Center recently hosted a debate with Randy Barnett, Charles Fried and Larry Tribe on whether the Obama Health Care Reform is Constitutional. Here is a link to the video: http://www.law.harvard.edu/media/2011/03/24_pf.mov.

Surden on Variable Legal Determinacy

Posted on March 31, 2011
Harry Surden (University of Colorado Law School) has posted The Variable Determinacy Thesis (Columbia Science and Technology Law Review, Vol. 12, No. 1, 2010-11) on SSRN. Here is the abstract: This Article proposes a novel technique for characterizing the relative...

Spalding on U.S. & Chinese International Business Law

Posted on March 30, 2011
Andrew Brady Spalding (Chicago-Kent College of Law) has posted The Irony of International Business Law: U.S. Progressivism, China?s New Laissez Faire, and Their Impact in the Developing World (UCLA Law Review, Vol. 59, 2011) on SSRN. Here is the abstract:...

Fan on Regulating Sex & Privacy

Posted on March 30, 2011
Mary D. Fan (University of Washington - School of Law) has posted Regulating Sex and Privacy in a Casual Encounters Culture on SSRN. Here is the abstract: The regulation of sex and disease is a cultural and political flashpoint and...

Call for Papers: American Society of International Law Research Forum at UCLA

Posted on March 30, 2011
Call for Scholarly Papers The Inaugural ASIL Research Forum November 4-5, 2011 The American Society of International Law calls for submissions of scholarly paper proposals for the inaugural ASIL Research Forum to be held at UCLA Law School on November...

Couture & Coale on "Loud Rules" & Sanctions for Relitigation

Posted on March 30, 2011
Wendy Gerwick Couture (University of Idaho College of Law) & David Coale have posted Loud Rules (Pepperdine Law Review, Vol. 34, p. 715, 2007) on SSRN. Here is the abstract: This article defines a "loud rule" as a court's statement...

Hovenkamp on Exclusive Dealing & Single-Product Discounting

Posted on March 30, 2011
Herbert J. Hovenkamp (University of Iowa - College of Law) has posted Exclusive Dealing: Single-Product Discounting, Slotting Allowances, and Related Practices on SSRN. Here is the abstract: A firm's discounting policies over a single product raise exclusive dealing concerns in...

Christie on Conflicting Human Rights & Social Values

Posted on March 30, 2011
George C. Christie (Duke University - School of Law) has posted Philosopher Kings? The Adjudication of Conflicting Human Rights as Social Values (Oxford University Press, 2011) on SSRN. Here is the abstract: This book is largely concerned with the adjudication...

Menashi on Locke's Two Treatises of Government

Posted on March 30, 2011
Steven Menashi (Georgetown University Law Center) has posted Cain as His Brother?s Keeper: Property Rights and Christian Ethics in Locke's Two Treatises of Government (Seton Hall Law Review, Vol. 42, 2012) on SSRN. Here is the abstract: Those scholars who...

Bedi on Breach of Contract & the Criminal-Civil Divide

Posted on March 29, 2011
Monu Singh Bedi (Stetson University College of Law) has posted The Criminal/Civil Divide: An Inter-Common Law Analysis on SSRN. Here is the abstract: Scholars have long debated why certain common law breaches in American jurisprudence receive criminal punishment ? possible...

Shaffer & Trachtman on Interpretation at the WTO

Posted on March 29, 2011
Gregory Shaffer (University of Minnesota - Twin Cities - School of Law) & Joel P. Trachtman (Tufts University - The Fletcher School) have posted Interpretation and Institutional Choice at the WTO (Virginia Journal of International Law, 2011) on SSRN. Here...

Barnett on Contract as Consent

Posted on March 29, 2011
Randy E. Barnett (Georgetown University Law Center) has posted Contract is Not Promise; Contract is Consent (Suffolk University Law Review, Forthcoming) on SSRN. Here is the abstract: In the 1980s, Charles Fried was right to focus on what was missing...

Law & Chen on Transnational Judicial Dialogue

Posted on March 29, 2011
David S. Law (Washington University School of Law in St. Louis; Washington University, Saint Louis - Department of Political Science) & Wen-Chen Chang (National Taiwan University College of Law) have posted The Limits of Transnational Judicial Dialogue (Washington Law Review,...

Book Announcement: Innovation for the 21st Century by Carrier in Paperback

Posted on March 29, 2011
Innovation for the 21st Century Michael A. Carrier In recent years, innovation has been threatened by the United States legal system. Much of the blame can be attributed to the antitrust and intellectual property laws. Innovation for the 21st Century...

Kerr on Quantifying Probable Cause

Posted on March 29, 2011
Orin S. Kerr (George Washington University - Law School) has posted Why Courts Should Not Quantify Probable Cause on SSRN. Here is the abstract: Probable cause is one of the fundamental concepts of Fourth Amendment law, but the Supreme Court...

Brooks on Brudner on Punishment

Posted on March 29, 2011
Thom Brooks (Newcastle University - Newcastle Law School) has posted Autonomy, Freedom, and Punishment (Jurisprudence, Forthcoming) on SSRN. Here is the abstract: In Punishment and Freedom, Alan Brudner offers an important contribution to how we understand retributivism and legal punishment...

Pfander on Qualified Immunity & Nominal Damages

Posted on March 28, 2011
James E. Pfander (Northwestern University School of Law) has posted Resolving the Qualified Immunity Dilemma: Constitutional Tort Claims for Nominal Damages (Columbia Law Review, Forthcoming) on SSRN. Here is the abstract: Scholars have criticized the Court?s qualified immunity decision in...

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