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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

Book Announcement: Philosophy of Language by Soames

Posted on August 25, 2010
Philosophy of Language Scott Soames To read the entire book description or the introduction, please visit: http://press.princeton.edu/titles/9361.html In this book, Scott Soames explains the progress philosophers have made toward creating a theoretical framework for the study of language and investigates...

Stauffer on Regulation of Embedded Advertising

Posted on August 25, 2010
Zahr Said Stauffer (Univ. of Virginia - School of Law) has posted EMBEDDED ADVERTISING AND THE VENTURE CONSUMER Embedded Advertising and the Venture Consumer (North Carolina Law Review, Vol. 89, 2010) on SSRN. Here is the abstract: Embedded advertising ?marketing...

Barnett & Magliocca on the Constitutionality of the Individual Health Care Mandate

Posted on August 25, 2010
Check on the exchange between Gerald Magliocca & Randy Barnett on the constitutionality of the individual mandate provision of health care reform.

Baude on Signing Unconstitutional Laws

Posted on August 25, 2010
William Baude (Robbins, Russell, Englert, Orseck, Untereiner & Sauber LLP) has posted Signing Unconstitutional Laws (Indiana Law Journal, Forthcoming) on SSRN. Here is the abstract: It has become fairly common for Presidents to sign laws that they think are (at...

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Marcantel on the Constitutional Status of the Corporation

Posted on August 25, 2010
Jonathan A. Marcantel (Lincoln Memorial University School of Law) has posted The Corporation as a 'Real' Constitutional Person on SSRN. Here is the abstract: For two centuries, jurists and corporate scholars have struggled with creating a singular, global definition explaining...

Gold on Moral Rights & Private Law

Posted on August 24, 2010
Andrew S. Gold (DePaul University - College of Law) has posted A Moral Rights Theory of the Private Law on SSRN. Here is the abstract: The private law (i.e., the law of torts, contracts, and property) is at an interpretive...

Dolan on Pleasant Grove v. Summum

Posted on August 24, 2010
Mary Jean Dolan (The John Marshall Law School) has posted Government Identity Speech and Religion: Establishment Clause Limits after Summum (William & Mary Bill of Rights, Vol. 19, 2010) on SSRN. Here is the abstract: This Article offers in-depth analysis...

Schulhofer on Information Control & National Security

Posted on August 24, 2010
Stephen Schulhofer (New York University - School of Law) has posted Secrecy and Democracy: Who Controls Information in the National Security State? on SSRN. Here is the abstract: In national security matters, we give the executive branch largely unchecked power...

Scott & Steinberg on Welfare & Fairness in Juvenile Crime Regulation

Posted on August 24, 2010
Elizabeth S. Scott and Laurence Steinberg (Columbia University - Law School and Temple University) have posted Social Welfare and Fairness in Juvenile Crime Regulation on SSRN. Here is the abstract: The question of how lawmakers should respond to developmental differences...

Del Mar on Joint Action in Philosophy & Competition Law

Posted on August 24, 2010
Maksymilian T. Del Mar (Faculty of Social and Political Sciences, University of Lausanne) has posted Joint Action in Competition Law and Social Philosophy on SSRN. Here is the abstract: This paper considers whether, and if so how, the modelling of...

Halpin on Hutchinson on Jurisprudence & Democracy

Posted on August 24, 2010
Andrew Halpin (Swansea University School of Law) has posted The Province of Jurisprudence Contested (Canadian Journal of Law and Jurisprudence, Vol. 23, No. 2, 2010) on SSRN. Here is the abstract: Allan Hutchinson?s recent book, The Province of Jurisprudence Democratized,...

Walker on Cultural Frames, Social Movements, and Constitutional Litigation

Posted on August 23, 2010
Anders Walker (Saint Louis University School of Law) has posted Shotguns, Weddings, and Lunch Counters: Why Cultural Frames Matter to Constitutional Law (Florida State University Law Review, Forthcoming) on SSRN. Here is the abstract: Drawing from social movement theory, this...

Issacharoff on Political Corruption

Posted on August 23, 2010
Samuel Issacharoff (New York University School of Law) has posted On Political Corruption (Harvard Law Review, Forthcoming) on SSRN. Here is the abstract: This Essay takes Citizens United as a launching point to revisit the central Buckley v. Valeo paradigm...

Benjamin Kaplan

Posted on August 23, 2010
It is with regret and sadness that I report the passing of Benjamin Kaplan. Here is an excerpt from Harvard's press release: Benjamin Kaplan, the Royall Professor of Law Emeritus at Harvard Law School and a former justice of the...

Ribstein on Jones v. Harris Associates

Posted on August 23, 2010
Larry E. Ribstein (University of Illinois College of Law) has posted Federal Misgovernance of Mutual Funds (2009-2010 Cato Supreme Court Review, Forthcoming) on SSRN. Here is the abstract: In Jones v. Harris Associates, the Supreme Court interpreted investment advisers? fiduciary...

Call for Participation: Kantian Perspectives on the Morality of Law at Keele

Posted on August 23, 2010
THE MORALITY OF LAW: KANTIAN PERSPECTIVES University of Keele, 27 November 2010. Speakers: Howard Williams (Aberystwyth): Ethics and Right in Kantian Global Distributive Justice Adrian Piper (Berlin): Kant's Self-legislation Procedure Reconsidered Peter Niesen (Darmstadt): Laws for Which an External Legislation...

Macklem on Militant Democracy & Religious Freedom in Europe

Posted on August 23, 2010
Patrick Macklem (University of Toronto - Faculty of Law) has posted Guarding the Perimeter: Militant Democracy and Religious Freedom in Europe on SSRN. Here is the abstract: This essay tracks the concept of militant democracy in the jurisprudence of the...

Guiora on Religious Extremism & Child Endangerment

Posted on August 23, 2010
Amos N. Guiora (University of Utah - S.J. Quinney College of Law) has posted Protecting the Unprotected: Religious Extremism and Child Endangerment (Journal of Law & Family Studies, Vol. 12, No. 2, p. 391, 2010) on SSRN. Here is the...

Legal Theory Lexicon: Public Reason

Posted on August 22, 2010
Introduction How should citizens in a modern pluralist democracy debate and discuss public affairs? What kinds of reasons are appropriate in the context of judicial opinions, legislative debate, or administrative decisionmaking? There is wide agreement that the government should not...

Snow on Fair Use

Posted on August 21, 2010
Ned Snow (University of Arkansas at Fayetteville - School of Law) has posted Untangling Fair Use as a Matter of Law on SSRN. Here is the abstract: Fair use is an issue of fact for the jury. Or at least...

Legal Theory Bookworm

Posted on August 21, 2010
The Legal Theory Bookworm recommends The Birthright Lottery: Citizenship and Global Inequality by Ayelet Shachar. Here is a description: The vast majority of the global population acquires citizenship purely by accidental circumstances of birth. There is little doubt that securing...

Download of the Week

Posted on August 21, 2010
The Download of the Week is The Story of FCC v. Pacifica Foundation (And Its Second Life) by Adam Samaha. Here is the abstract: This chapter provides a back story to FCC v. Pacifica Foundation ? the so-called seven dirty...

Discussion of Experimental Jurisprudence at the New York Times "Room for Debate"

Posted on August 20, 2010
Here. Most readers of LTB have at least a passing acquaintance with "Experimental Philosophy" or "x-phi" and the glimmerings of experimental jurisprudence (x-jur?) that are beginning to emerge. This is an excellent introduction, with contributions by Joshua Knobe, Kwame Anthony...

Cole on Regulatory Creation of Rights to Clean Air and and to Pollute

Posted on August 20, 2010
Daniel H. Cole (Indiana University School of Law - Indianapolis) has posted Property Creation by Regulation: Rights to Clean Air and Rights to Pollute on SSRN. Here is the abstract: This paper, prepared for a Lincoln Institute conference on "Evolution...

Kamp on Ricci v. Destefano

Posted on August 20, 2010
Allen R. Kamp (The John Marshall Law School) has posted Ricci v. Destefano and Disparate Treatment: How the Case Makes Title VII and the Equal Protection Clause Unworkable on SSRN. Here is the abstract: Although early commentators have focused on...

Horwitz on Friedman on Stealth Overruling

Posted on August 20, 2010
Check out Paul Horwitz's post entitled Reversing by Degrees, which recommends and critiques Barry Friedman's The Wages of Stealth Overruling (With Particular Attention to Miranda v. Arizona).

Kreitner on Mitchell on Felix Cohen & Waller on Thurman Arnold

Posted on August 20, 2010
Roy Kreitner (Institute for Global Law and Policy, Harvard Law School) has posted Biographing Realist Jurisprudence (Law and Social Inquiry, Vol. 35, No. 3, p. 765, Summer 2010) on SSRN. Here is the abstract: This essay reexamines realist jurisprudence through...

Stinneford on Proportionality & the Eighth Amendment

Posted on August 20, 2010
John F. Stinneford (University of Florida Levin College of Law) has posted Rethinking Proportionality Under the Cruel and Unusual Punishments Clause on SSRN. Here is the abstract: Although a century has passed since the Supreme Court started reviewing criminal punishments...

Vladeck on the Constitution, the Laws of War & Military Jurisdiction

Posted on August 20, 2010
Stephen I. Vladeck (American University - Washington College of Law) has posted The Laws of War as a Constitutional Limit on Military Jurisdiction (Journal of National Security & Policy, Forthcoming) on SSRN. Here is the abstract: Nine years, one Supreme...

Stinson on Dicta Becoming Holdings

Posted on August 20, 2010
Judith M. Stinson (Arizona State University (ASU) - College of Law) has posted Why Dicta Becomes Holding and Why it Matters (Brooklyn Law Review, Vol. 76, 2010) on SSRN. Here is the abstract: The distinction between holding and dicta is...

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