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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: 67.6/day

Last Entry: April 01, 2011 at 13:55:00

Recent Entries: 5612

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Yu on the Rhetoric of Copyright Reform

Posted on March 10, 2011
Peter K. Yu (Drake University Law School) has posted Digital Copyright and Confuzzling Rhetoric (Vanderbilt Journal of Entertainment and Technology Law, Vol. 13, 2011) on SSRN. Here is the abstract: The entertainment industry tells people they shouldn?t steal music because...


Goldstein on the Tea Party & Popular Originalism

Posted on March 10, 2011
Jared A. Goldstein (Roger Williams University School of Law) has posted The Tea Party Movement and the Contradictions of Popular Originalism on SSRN. Here is the abstract: This Article examines the Tea Party movement?s popular originalism and its implications for...


Lee on TRIPS Compliance

Posted on March 10, 2011
Edward Lee (Illinois Institute of Technology - Chicago-Kent College of Law) has posted Measuring TRIPS Compliance and Defiance: The WTO Compliance Scorecard (Journal of Intellectual Property Law, Vol. 18, No. 2, 2011) on SSRN. Here is the abstract: This Article...


Wright on Lying & Freedom of Speech

Posted on March 10, 2011
R. George Wright (Indiana University School of Law - Indianapolis) has posted Lying and Freedom of Speech (forthcoming Utah Law Review Fall 2011) on SSRN. Here is the abstract: This Article, prompted by recent criminal cases involving alleged false claims...


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Fox-Decent on Contextual Constitutionalism & the UK Human Rights Act

Posted on March 09, 2011
Evan Fox-Decent (McGill University - Faculty of Law) has posted Contextual Constitutionalism after the UK Human Rights Act 1998 (University of Toronto Law Journal, 2012) on SSRN. Here is the abstract: Aileen Kavanagh and Tom Hickman assess jurisprudence arising under...


Schenkel on the External Costs of Trusts

Posted on March 09, 2011
Kent D. Schenkel (New England Law - Boston) has posted Exposing the Hocus Pocus of Trusts on SSRN. Here is the abstract: A trust beneficiary may receive substantial benefits to property, and perhaps even virtual control over that property, yet...


Hasen on the Supreme Court's Election Law Docket

Posted on March 09, 2011
Richard L. Hasen (Loyola Law School Los Angeles) has posted The Supreme Court?s Shrinking Election Law Docket, 2001-2010: A Legacy of Bush v. Gore or Fear of the Roberts Court? on SSRN. Here is the abstract: A funny thing happened...


Hershovitz on Law & Authority

Posted on March 09, 2011
Scott Hershovitz (University of Michigan Law School) has posted The Authority of Law (ROUTLEDGE COMPANION TO PHILOSOPHY OF LAW, Andrei Marmor, ed., 2011) on SSRN. Here is the abstract: This essay considers what we can learn about law from the...


Cho on Trans-Judicial Dialogue & Adjudication in Both Domestic & International Tribunals

Posted on March 09, 2011
Sungjoon Cho (Chicago Kent College of Law) has posted A Trans-Judicial Dialogue and the Globalizing of Administrative Law on SSRN. Here is the abstract: What if the same commercial dispute is adjudicated both in a domestic court and in an...


Magliocca on Balkin on Living Originalism

Posted on March 09, 2011
Gerard N. Magliocca (Indiana University School of Law - Indianapolis) has posted The Constitution Can Do No Wrong (University of Illinois Law Review, Forthcoming) on SSRN. Here is the abstract: One theme of Jack Balkin's new book on "Living Originalism"...


Greene on the Anticanon of Constitutional Law

Posted on March 08, 2011
Jamal Greene (Columbia University - Law School) has posted The Anticanon (Harvard Law Review, Forthcoming) on SSRN. Here is the abstract: Argument from the ?anticanon,? the set of cases whose central propositions all legitimate decisions must refute, has become a...


Torres-Spelliscy on Citizens United

Posted on March 08, 2011
Ciara Torres-Spelliscy (Brennan Center for Justice) has posted Transparent Elections after Citizens United on SSRN. Here is the abstract: Where do disclosure laws stand post-Citizens United? What does the 2010 U.S. Supreme Court ruling mean for state-based laws? And are...


Book Announcement: The Law Is a White Dog by Dayan

Posted on March 08, 2011
The Law Is a White Dog How Legal Rituals Make and Unmake Persons Colin Dayan To read the entire book description or a sample chapter, please visit: http://press.princeton.edu/titles/9450.html Abused dogs, prisoners tortured in Guantánamo and supermax facilities, or slaves killed...


Eyer on American Beliefs & Anti-Discrimination Reform

Posted on March 08, 2011
Katie R. Eyer (University of Pennsylvania, Alice Paul Center for Research on Women, Gender and Sexuality) has posted That's Not Discrimination: American Beliefs and the Limits of Anti-Discrimination Law (Minnesota Law Review, Forthcoming) on SSRN. Here is the abstract: Empirical...


Freeman & Rossi on Agency Coordination

Posted on March 08, 2011
Jody Freeman and Jim Rossi (Harvard Law School and Florida State University - College of Law) have posted Agency Coordination in Shared Regulatory Space on SSRN. Here is the abstract: This Article is the first comprehensive discussion in legal scholarship...


Smith on the Normativity of Private Law

Posted on March 08, 2011
Stephen A. Smith (McGill University - Faculty of Law) has posted The Normativity of Private Law (Oxford Journal of Legal Studies, pp. 1-28, 2011) on SSRN. Here is the abstract: Private law presents itself in normative language - in the...


Massaro on Substantive Due Process & Black Swans

Posted on March 08, 2011
Toni M. Massaro (University of Arizona College of Law) has posted Substantive Due Process, Black Swans, and Innovation (Utah Law Review) on SSRN. Here is the abstract: Substantive due process is a vexing concept within constitutional law that has at....


Rossi on Williams on State Constitutional Law

Posted on March 07, 2011
Jim Rossi (Florida State University - College of Law) has posted Assessing the State of State Constitutionalism (Michigan Law Review, Vol. 109, 2011) on SSRN. Here is the abstract: State constitutions are terribly important legal documents, but their interpretation is...


Hessick & Hessick on Double Jeopardy

Posted on March 07, 2011
Carissa Byrne Hessick and F. Andrew Hessick III (Arizona State, Sandra Day O'Connor College of Law and Arizona State University - Sandra Day O'Connor College of Law) have posted Double Jeopardy as a Limit on Punishment (Cornell Law Review, Vol....


Lateral Moves

Posted on March 07, 2011
Dan Filler has a list up & is seeking information: http://www.thefacultylounge.org/2011/03/law-school-faculty-lateral-moves-2011.html#tp


Margulies on Humanitarian Law Project v. Holder

Posted on March 07, 2011
Peter Margulies (Roger Williams University School of Law) has posted Advising Terrorism: Hybrid Scrutiny, Safe Harbors, and Freedom of Speech on SSRN. Here is the abstract: Ever since Brandenburg v. Ohio, departures from content-neutrality under the First Amendment have received...


Glensy on the Right to Dignity

Posted on March 07, 2011
Rex D. Glensy (Drexel University - Earle Mack School of Law) has posted The Right to Dignity on SSRN. Here is the abstract: What is ?the right to dignity?? Even though the role of human dignity within the framework of...


Eigen & Sherwyn on Labor Law Reform

Posted on March 07, 2011
Zev J. Eigen and David Sherwyn (Northwestern University School of Law and Cornell University) have posted A Moral Contractual Approach to Labor Law Reform: A Template for Using Ethical Principles to Regulate Behavior Where Law Failed to do so Effectively...


Legal Theory Lexicon: Overlapping Consensus and Incompletely Theorized Agreements

Posted on March 06, 2011
Introduction As law students become more sophisticated, they begin to notice that certain debates seem to repeat themselves over and over again. Disagreements about disparate subjects--in procedure, criminal law, torts, property, and constitutional law--frequently seem to turn on the really...


Legal Theory Bookworm

Posted on March 05, 2011
The Legal Theory Bookworm recommends The Executive Unbound: After the Madisonian Republic by Eric A. Posner & Adrian Vermeule. Here is a description: Ever since Arthur M. Schlesinger Jr. used "imperial presidency" as a book title, the term has become...


Download of the Week

Posted on March 05, 2011
The Download of the Week is American Natures: The Shape of Conflict in Environmental Law by Jedediah S. Purdy. Here is the abstract: There is a firestorm of political and cultural conflict around environmental issues, including but running well beyond...


Wasserman on United States v. Klein

Posted on March 04, 2011
Howard M. Wasserman (Florida International University (FIU) - College of Law) has posted The Irrepressible Myth of Klein (University of Cincinnati Law Review, Vol. 79, No. 1, 2010) on SSRN. Here is the abstract: The Reconstruction-era case of United States...


Hillman on Law Firm Risk Management

Posted on March 04, 2011
Robert W. Hillman (University of California, Davis - School of Law) has posted Law Firm Risk Management in an Era of Breakups and Lawyer Mobility: Limitations and Opportunities (Texas Tech Law Review) on SSRN. Here is the abstract: To say...


Osborn on Instrumentalism at the Federal Circuit

Posted on March 04, 2011
Lucas Osborn (Campbell University Law School) has posted Instrumentalism at the Federal Circuit on SSRN. Here is the abstract: In the last eight years, the Supreme Court has taken an increased interest in patent law, and in each case it...


Helfand on Religious Arbitration

Posted on March 04, 2011
Michael A. Helfand (Pepperdine University School of Law) has posted Religious Arbitration and the New Multiculturalism: Negotiating Conflicting Legal Orders (New York University Law Review, Vol. 86, 2011 (forthcoming)) on SSRN. Here is the abstract: This Article considers a trend...


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