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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

Berman on Sports & Law

Posted on August 31, 2010
Mitchell N. Berman (University of Texas School of Law) has posted ?Let ?em Play?: A Study in Sports and Law on SSRN. Here is the abstract: Serena Williams was eliminated in the semifinals of last year?s U.S. Open when, having...

Cohen & Chen on In Vitro Fertilization & Adoption Rates

Posted on August 30, 2010
I. Glenn Cohen (Harvard Law School) & Daniel L. Chen (Duke University - School of Law) have posted Trading-Off Reproductive Technology and Adoption: Does Subsidizing in Vitro Fertilization Decrease Adoption Rates and Should it Matter? (Minnesota Law Review, Forthcoming) on...

Mazzone on Bifurcating Legal Education

Posted on August 30, 2010
Jason Mazzone has some very interesting thoughts in a post entitled "Thoughts on Legal Education". Here is a taste: A different approach is for universities to have both a professional law school and an academic law department. Under this approach,...

Collins on Intergenerational Equity & Global Environmental Governance

Posted on August 30, 2010
Lynda Margaret Collins (University of Ottawa) has posted Revisiting the Doctrine of Intergenerational Equity in Global Environmental Governance (The Dalhousie Law Journal, Forthcoming) on SSRN. Here is the abstract: In the absence of binding international enforcement mechanisms, global environmental governance...

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Knowles on the Alien Tort Statute & International Relations Realism

Posted on August 30, 2010
Robert Knowles (Chicago-Kent College of Law) has posted A Realist Defense of the Alien Tort Statute (Washington University Law Review, Vol. 88, 2011) on SSRN. Here is the abstract: This Article offers a new justification for modern litigation under the...

Solove on Fourth Amendment Pragmatism

Posted on August 30, 2010
Daniel J. Solove (George Washington University Law School) has posted Fourth Amendment Pragmatism (Boston College Law Review, Vol. 51, p. 1, 2010) on SSRN. Here is the abstract: In this essay, Professor Solove argues that the Fourth Amendment reasonable expectation...

Call for Papers: Feminist Legal Studies at Queen's University

Posted on August 30, 2010
QUEEN?S UNIVERSITY FEMINIST LEGAL STUDIES Call for papers for workshop on Women and Equality ? Gender-based Analysis, Law, and Economic Rights Sex equality in the twenty-first century Long before the 2008 global economic crisis occurred, women in large economies began...

Buccafusco & Sprigman on the Creativity Effect

Posted on August 30, 2010
Christopher J. Buccafusco (Illinois Institute of Technology - Chicago-Kent College of Law) & Christopher Jon Sprigman (University of Virginia - School of Law) have posted The Creativity Effect (University of Chicago Law Review, Forthcoming) on SSRN. Here is the abstract:...

Legal Theory Lexicon: Deontology

Posted on August 29, 2010
Introduction A prior Legal Theory Lexicon post explored utilitarianism, an approach to normative moral theory that has had an enormous influence on legal thought. This week, I take up one of utilitarianism's main rivals, deonotology. Deontological moral theories vary in...

Legal Theory Bookworm

Posted on August 28, 2010
The Legal Theory Bookworm recommends Freedom from Religion (Terrorism and Global Justice) by Amos Guiora. Here is a description: Although many books on terrorism and religious extremism have been published in the years since 9/11, none of them written by...

Download of the Week

Posted on August 28, 2010
The Download of the Week is On Political Corruption by Samuel Issacharoff. Here is the abstract: This Essay takes Citizens United as a launching point to revisit the central Buckley v. Valeo paradigm and examine what possibilities for reform remain...

Boyack on Price Stability & the Real Estate Market Collapse

Posted on August 28, 2010
Andrea J Boyack (George Washington University Law School) has posted Lessons in Price Stability from the U.S. Real Estate Market Collapse on SSRN. Here is the abstract: The U.S. residential housing market collapse illustrates the consequences of ignoring risk while...

Erbsen on Constitutional Limits on Personal Jurisdiction

Posted on August 27, 2010
Allan Erbsen (University of Minnesota - Twin Cities - School of Law) has posted Impersonal Jurisdiction (Emory Law Journal, Forthcoming) on SSRN. Here is the abstract: Constitutional law governing personal jurisdiction in state courts inspires fascination and consternation...

Conference Announcement: Symposium on Moore's Causation & Responsibility at Rutgers Today

Posted on August 27, 2010
Symposium on Michael S. Moore's Causation and Responsibility Friday, August 27th, 2010 Rutgers University School of Law-Camden The Institute for Law and Philosophy will host a symposium on Michael S. Moore's Causation and Responsibility (Oxford, 2009) on Friday, August 27th,...

Call for Papers: Criminalization at Stirling

Posted on August 27, 2010
CFP: Criminalization Conference University of Stirling 7-9 September 2011 It is often said that contemporary liberal democracies such as Britain and the USA face a crisis of over-criminalization: too much conduct is criminalized, too hastily, without adequate thought about the...

Haque on International Crime

Posted on August 27, 2010
Adil Ahmad Haque (Rutgers, The State University of New Jersey - School of Law-Newark) has posted International Crime: In Context and in Contrast (STRUCTURES OF CRIMINAL LAW, R.A. Duff, Lindsay Farmer, Sandra Marshall, Victor Tadros, eds., 2010) on SSRN...

Blocher on Quantum Mechanics & the Establishment Clause

Posted on August 27, 2010
Joseph Blocher (Duke Law School) has posted Schr�dinger?s Cross: The Quantum Mechanics of the Establishment Clause (Virginia Law Review, Forthcoming) on SSRN. Here is the abstract: Perhaps the most famous character in modern physics is Schr�dinger?s Cat, an unfortunate feline...

Hurt on the Madoff Victim Narrative

Posted on August 27, 2010
Christine Hurt (University of Illinois College of Law) has posted Evil Has a New Name (and a New Narrative): Bernard Madoff (Michigan State Law Review, p. 947, 2009) on SSRN. Here is the abstract: Though not a cause of the...

Program Announcement: Notre Dame Program in Constitutional Structure and Design

Posted on August 27, 2010
The Notre Dame Program in Constitutional Structure and Design promotes interdisciplinary learning of how constitutional structures operate?in the United States and abroad?by supporting extensive curricular offerings, promoting faculty and student research, and sponsoring a rich array of lectures, conferences, and...

Fon on Treaty Formation & Reservations

Posted on August 27, 2010
Vincy Fon (George Washington University - Department of Economics) has posted Treaty Formation and Reservations on SSRN. Here is the abstract: This chapter discusses factors conducive to international agreements such as treaties, compares alternative types of international agreements and indicates...

Levin on Iqbal/Twombly & the Celotex Triology

Posted on August 27, 2010
Hillel Y. Levin (University of Georgia Law School) has posted Iqbal, Twombly, and the Lessons of the Celotex Trilogy (Lewis & Clark Law Review, Vol. 14, No. 1, p. 143, 2010) on SSRN. Here is the abstract: This Essay compares...

Brooks on Retribution & Capital Punishment

Posted on August 26, 2010
Thom Brooks (Newcastle University - Newcastle Law School) has posted Retribution and Capital Punishment (forthcoming in Mark D. White (ed.), Retributivism: Essays on Theory and Practice, Oxford University Press, 2010) on SSRN. Here is the abstract: Should retributivists reject capital...

Baer on Criminal Cooperation with Prosecution

Posted on August 26, 2010
Miriam H. Baer (Brooklyn Law School) has posted Cooperation's Cost (88 Wash. U. L. Rev. __(forthcoming 2011)) on SSRN. here is the abstract: This Article explores the costs and benefits of criminal cooperation, the widespread practice by which prosecutors offer...

Zamboni on Evolutionary Theories of Law & Legal Positivism

Posted on August 26, 2010
Mauro Zamboni (Stockholm University - Faculty of Law) has posted Evolutionary Theory and Legal Positivism: A Possible Marriage on SSRN. Here is the abstract: The basic idea of this work is to arrange a possible marriage of the evolutionary approach...

Esbeck on the Original Meaning of the Establishment Clause

Posted on August 26, 2010
Carl H. Esbeck (University of Missouri School of Law) has posted Uses and Abuses of Textualism and Originalism in Establishment Clause Interpretation (Utah Law Review, Vol. 2011, No. 2) on SSRN. Here is the abstract: The Supreme Court?s decision in...

Guinn on Human Rights & Peace

Posted on August 26, 2010
David E. Guinn (SUNY Center for International Development) has posted Human Rights as Peacemaker: An Integrative Theory of International Human Rights on SSRN. Here is the abstract: International human rights law reflects a growing and evolving appreciation for the inherent...

Gardner on Campaign Finance Regulation, the Freedom of Speech, and Slippery Slopes

Posted on August 26, 2010
James A. Gardner (University at Buffalo Law School, SUNY) has posted Anti-Regulatory Absolutism in the Campaign Arena: Citizens United and the Implied Slippery Slope (Cornell Journal of Law and Public Policy, Vol. 20, 2010) on SSRN. Here is the abstract:...

Valauri on Hermeneutics & Originalism

Posted on August 25, 2010
John T. Valauri (Northern Kentucky University - Salmon P. Chase College of Law) has posted As Time Goes by: Hermeneutics and Originalism (Nevada Law Review, 2010) on SSRN. Here is the abstract: What is the continuing relevance of hermeneutics to...

Chung on Contract versus Status as Explanations of Customary International Law

Posted on August 25, 2010
John J. Chung (Roger Williams University - School of Law) has posted The Questionable Use of Contract, Instead of Status, to Explain Customary International Law on SSRN. Here is the abstract: Customary international law (?CIL?) forms the foundation of international...

Rappaport on Conceptual Analysis in Science & Law

Posted on August 25, 2010
Aaron J. Rappaport (University of California, Hastings College of the Law) has posted Conceptual Analysis in Science and Law on SSRN. Here is the abstract: Ever since H. L. A. Hart?s magisterial work, The Concept of Law, conceptual analysis has...

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