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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

Donnelly on Popular Constitutionalism & Ordinary Citizens

Posted on September 08, 2010
Tom Donnelly (Harvard Law School) has posted A Popular Approach to Popular Constitutionalism: The First Amendment, Civic Education, and Constitutional Change (Quinnipiac Law Review, Vol. 28, p. 321, 2010) on SSRN. Here is the abstract: Popular constitutionalists often ignore one...

Peerenboom on Law, Wealth, & Power in China

Posted on September 08, 2010
Randall Peerenboom (La Trobe University, Faculty of Law and Management) has posted Law, Wealth and Power in China (THE COMMERCIAL LAW REVOLUTION, John Garret, Yingjie Guo, eds., Routledge, 2010) on SSRN. Here is the abstract: This concluding chapter addresses two...

Law & Versteeg on Global Constitutionalism

Posted on September 07, 2010
David S. Law (Washington University in St. Louis; Washington University: School of Law & Department of Political Science) & Mila Versteeg (University of Oxford) have posted The Evolution and Ideology of Global Constitutionalism (APSA 2010 Annual Meeting Paper) on SSRN...

Primus on Administrative Searches

Posted on September 07, 2010
Eve Brensike Primus (University of Michigan Law School) has posted Disentangling Administrative Searches (Columbia Law Review, Vol. 111, 2011) on SSRN. Here is the abstract: Everyone who has been screened at an international border, scanned by an airport metal detector,...

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Herstein on the Duty of Care and a Duty "to Try"

Posted on September 07, 2010
Ori J. Herstein (Cornell University - School of Law) has posted Responsibility in Negligence: Why the Duty of Care is Not a Duty 'To Try' (The Canadian Journal of Law and Jurisprudence, Vol. 23, No. 2, pp. 403-428, July 2010)...

Feltz & Cokely on Experimental Philosophy & Manipulations of Popular Sentiment Regarding Terrorism

Posted on September 07, 2010
Adam Feltz (Departments of Philosophy and Interdisciplinary Studies Schreiner University) and Edward T. Cokely (Max Planck Institute for Human Development Center for Adaptive Behavior and Cognition) have posted The Terror of 'Terrorism': An Empirical Investigation on the Internet...

Liptak on Politicization of the Supreme Court & Clerk Selection

Posted on September 07, 2010
In today's New York Times, Adam Liptak has a piece entitled Polarization of Supreme Court Is Reflected in Justices? Clerks.

Yaphe on Rodell's Critique of Legal Education & Felix Frankfurter

Posted on September 07, 2010
Andrew Yaphe (Stanford Law School) has posted ?Reputation, Reputation, Reputation?: Fred Rodell, Felix Frankfurter, and the Reproduction of Hierarchy in the Unlikeliest of Places on SSRN. Here is the abstract: If he is remembered at all, Fred Rodell is thought...

Scotus Blog 4.0

Posted on September 07, 2010
Here.

Pursley on Schapiro on Federalism

Posted on September 07, 2010
Garrick B. Pursley (The University of Toledo College of Law) has posted Federalism Compatibilists (Texas Law Review, Forthcoming) on SSRN. Here is the abstract: Reviewing Robert A. Schapiro, Polyphonic Federalism (Chicago, U. Chicago Press 2009). Robert Schapiro?s ambitious Polyphonic Federalism...

Vermeule on Ackerman on Constitutions & Political Risks

Posted on September 06, 2010
Adrian Vermeule (Harvard University - Harvard Law School) has posted Regulating Political Risks on SSRN. Here is the abstract: This is a response to Bruce Ackerman?s Tanner Lectures, ?The Decline and Fall of the American Republic,? delivered at Princeton University...

Call for Papers: MLEA at the University of Colorado (Last Call)

Posted on September 06, 2010
CALL FOR PAPERS & CONFERENCE INFORMATION: Midwest Law & Economics Association Annual Meeting October 8-9, 2010, at University of Colorado Law School Basic Info: The Midwest Law and Economics Association (MLEA) annual meeting will be Friday, October 8th, and Saturday,...

Markel on Retributivism

Posted on September 06, 2010
Dan Markel (Florida State University College of Law) has posted What Might Retributive Justice Be? (RETRIBUTIVISM: ESSAYS ON THEORY AND POLICY, Mark D. White, ed., Oxford University Press, Forthcoming) on SSRN. Here is the abstract: There are many conceptions of...

Call for Papers: Rawls & Religion at LUISS (Rome) (Updated)

Posted on September 06, 2010
Call for Papers (Updated) Between Rawls and Religion: Liberalism in a Postsecular World LUISS University & John Cabot University, Rome December 16-18, 2010 Speakers include: Alessandro Ferrara (Rome) Andrew March (Yale) David Rasmussen (Boston College) Johannes Van Der Ven (Nijmegen)...

Conference Announcement: Rutgers Symposium on Sen's The Idea of Justice

Posted on September 06, 2010
The Rutgers Institute for Law and Philosophy, based at the Rutgers School of Law in Camden, New Jersey, will host a two-day symposium on Nobel Laureate Amartya Sen's The Idea of Justice (Harvard 2009) on Friday April, 15th and Saturday,...

O'Neill on Mirror Neurons & the Law

Posted on September 06, 2010
Timothy P. O'Neill (John Marshall Law School) has posted Mirror Neurons, the New Neuroscience, and the Law: Some Preliminary Observations (Southwestern University Law Review, Vol. 39, No. 3, 2010) on SSRN. Here is the abstract: V.S. Ramachandran has written that...

El-Haj on Legal Regulation of Democratic Politics

Posted on September 06, 2010
Tabatha Abu El-Haj (The Earle Mack School of Law at Drexel University) has posted Changing the People: Legal Regulation and American Democracy (New York University Law Review, Vol. 86, 2011) on SSRN. Here is the abstract: The world in which...

Farber & O'Connell on Public Choice & Public Law

Posted on September 06, 2010
Daniel A. Farber and Anne Joseph O'Connell (University of California, Berkeley - School of Law and University of California, Berkeley - School of Law) have posted Introduction: A Brief Trajectory of Public Choice and Public Law (RESEARCH HANDBOOK ON PUBLIC...

New on the Stanford Encyclopedia of Philosophy

Posted on September 06, 2010
Ancient Political Philosophy by Melissa Lane.

Legal Theory Lexicon: Second Best & Nonideal Theory

Posted on September 05, 2010
Introduction The post provides a very basic introduction to the idea of "second best." The term "second best" originated in a famous 1956 article by Lipsey and Lancaster (see bibliography), and it was originally used as a technical economic concept.....

Legal Theory Bookworm

Posted on September 05, 2010
The Legal Theory Bookworm recommends Equality and Tradition: Questions of Value in Moral and Political Theory by Samuel Scheffler. Here is a description: This collection of essays by noted philosopher Samuel Scheffler combines discussion of abstract questions in moral and...

Chuang on Migrant Domestic Worker Abuse

Posted on September 04, 2010
Janie A. Chuang (American University - Washington College of Law) has posted Achieving Accountability for Migrant Domestic Worker Abuse (North Carolina Law Review, Vol. 88, 2010) on SSRN. Here is the abstract: Domestic work has become increasingly commoditized in the...

Download of the Week

Posted on September 04, 2010
The Download of the Week is ?Let ?em Play?: A Study in Sports and Law by Mitchell N. Berman. Here is the abstract: Serena Williams was eliminated in the semifinals of last year?s U.S. Open when, having lost the first...

Book Announcement: Law's Trace by Kellog

Posted on September 03, 2010
Law's Trace: From Hegel to Derrida By Catherine Kellogg Law's Trace argues for the political importance of deconstruction by taking Derrida?s reading of Hegel as its point of departure. While it is well established that seemingly neutral and inclusive legal...

Lemley on Industry-Specific Antitrust & Innovation

Posted on September 03, 2010
Mark A. Lemley (Stanford Law School) has posted Industry-Specific Antitrust Policy for Innovation on SSRN. Here is the abstract: The premise that IP promotes dynamic efficiency while antitrust concentrates on static welfare is wrong, or at least oversimplified...

Fellowship Announcement: LAPA at Princeton

Posted on September 03, 2010
Program in Law and Pubic Affairs Fellowships The Program in Law and Public Affairs (LAPA) at Princeton University invites outstanding faculty, independent scholars, lawyers, and judges to apply for appointments as residential fellows for the academic year 2011?2012...

Tarkington on Publicly Employed Attorneys & Government Speech

Posted on September 03, 2010
Margaret Tarkington (Brigham Young University - J. Reuben Clark Law School) has posted Government Speech and the Publicly Employed Attorney (Brigham Young University Law Review, Forthcoming) on SSRN. Here is the abstract: In Garcetti v. Ceballos, the U...

Craver on the Employee Free Choice Act

Posted on September 03, 2010
Charles B. Craver (George Washington University - Law School) has posted How to Make the Much-Needed Employee Free Choice Act Politically Acceptable on SSRN. Here is the abstract: The proposed Employee Free Choice Act (AFCA) would make it easier for....

Welcome to the Blogosphere . . .

Posted on September 03, 2010
. . . to Lawfare: Hard National Security Choices by Robert Chesney, Jack Goldsmith and Ben Wittes.

Book Announcement: The Rise & Fall of the Islamic State by Feldman (Paperback)

Posted on September 03, 2010
The Fall and Rise of the Islamic State Noah Feldman One of Economist 's 2008 Best Books Winner of the 2008 PROSE Award for Professional and Scholarly Excellence in Government and Politics, Association of American Publishers To read the entire...

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