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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

Wall & Large on the Public Interest in Policing Counterfeit Luxury Goods

Posted on July 29, 2010
David S. Wall and Jo Large (University of Leeds School of Law and University of Glamorgan) has posted Jailhouse Frocks: Locating the Public Interest in Policing Counterfeit Luxury Fashion Goods (British Journal of Criminology, Vol. 50, No. 6, 2010) on...

Norton & Citron on Government Speech

Posted on July 29, 2010
Helen L. Norton and Danielle Keats Citron (University of Colorado School of Law and University of Maryland School of Law) have posted Government Speech 2.0 (Denver University Law Review, Vol. 87, p. 899, 2010) on SSRN. Here is the abstract:...

Pildes on Polarization

Posted on July 28, 2010
Richard H. Pildes (New York University School of Law) has posted Why the Center Does Not Hold: The Causes of Hyperpolarized Democracy in America (California Law Review, Forthcoming) on SSRN. Here is the abstract: Politics as partisan warfare: that is...

Junior Faculty Federal Courts Workshop: Registration Deadline

Posted on July 28, 2010
The registration deadline for the Third Annual Junior Faculty Federal Courts Workshop is this Saturday, July 31. The workshop will be held at the Club Quarters Central Loop in Chicago, IL on October 7-8, and will be hosted by the...

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Perju on Cosmopolitanism

Posted on July 28, 2010
Vlad Perju (Boston College Law School) has posted Cosmopolitanism and Constitutional Self-Government (International Journal of Constitutional Law, Forthcoming) on SSRN. Here is the abstract: This paper, which was selected for presentation at the 2010 Yale/Stanford Junior Faculty Forum, articulates the...

Koops, Hildebrandt, and Jaquet-Chiffelle on Rights for New Entities in the Information Society

Posted on July 28, 2010
Bert-Jaap Koops, Mireille Hildebrandt, and David-Olivier Jaquet-Chiffelle (Tilburg University - Faculty of Law (TILT), Erasmus University Rotterdam (EUR) - Erasmus School of Law and University of Berne) have posted Bridging the Accountability Gap: Rights for New Entities in the Information...

Judge Blocks Parts Of Arizona Immigration Law

Posted on July 28, 2010
NPR has the AP story here.

Grewal on Legislative Entrenchment & Tax

Posted on July 28, 2010
Andy Grewal (Arizona State University (ASU) - College of Law) has posted Legislative Entrenchment Rules in the Tax Law (Administrative Law Review, Vol. 62, 2010) on SSRN. Here is the abstract: Can one Congress tie the hands of a future...

Redding on the Constitutionality of Non-State Muslim Civil Dispute Resolution in India

Posted on July 28, 2010
Jeff Redding (Saint Louis University School of Law) has posted Institutional v. Liberal Contexts for Contemporary Non-State, Muslim Civil Dispute Resolution Systems (Journal of Islamic State Practices in International Law, Vol. 6, No. 1, 2010) on SSRN...

Cummings & NeJaime on Marriage Equality Lawyering

Posted on July 28, 2010
Scott Cummings (University of California, Los Angeles (UCLA) - School of Law) & Douglas NeJaime (Loyola Law School Los Angeles) have posted Lawyering for Marriage Equality (UCLA L. Rev. Vol. 57, p, 1235, 2010). Here is the abstract: Critics of...

Balkin on Information Power

Posted on July 27, 2010
Jack M. Balkin (Yale University - Law School) has posted Information Power: The Information Society from an Antihumanist Perspective on SSRN. Here is the abstract: This short essay, written for a book about globalization and information policy, argues that globalized...

New on the Stanford Encyclopedia of Philosophy

Posted on July 27, 2010
Political Realism in International Relations by W. Julian Korab-Karpowicz.

Rose-Ackerman on Corruption

Posted on July 27, 2010
Susan Rose-Ackerman (Yale Law School) has posted Corruption: Greed, Culture and the State on SSRN. Here is the abstract: The concept of corruption is contested in some quarters, requiring an analysis of deep questions defining the relationship between state and...

Stevens on Rights

Posted on July 27, 2010
Robert Stevens (University College London - Faculty of Laws) has posted Rights and Other Things on SSRN. Here is the abstract: This paper seeks to differentiate rights from other things with which they are frequently confused. The focus is upon...

Friedman on Stealth Overruling & Miranda v. Arizona

Posted on July 27, 2010
Barry Friedman (New York University School of Law) has posted The Wages of Stealth Overruling (With Particular Attention to Miranda v. Arizona) (Georgetown Law Journal, 2010) on SSRN. Here is the abstract: Over the last few years ? and especially...

Sherry on Sound Constitutional Doctrine

Posted on July 27, 2010
Suzanna Sherry (Vanderbilt Law School) has posted The Four Pillars of Constitutional Doctrine (Cardozo Law Review, Forthcoming) on SSRN. Here is the abstract: Constitutional interpretation, and thus constitutional doctrine, is inevitably controversial...

Michelman on Liberty at Frankfurt

Posted on July 27, 2010
Two lectures by Frank Michelman, delivered at Frankfurt, are now available on the web:(1) Liberty, Liberties, and "Total Freedom" & (2) Contract versus Common Ground?.

Sen on Global Justice

Posted on July 27, 2010
A podcast of Amartya Sen's lecture,"Global Justice," delivered at London School of Economics, is available.

Should I Stay or Should I Go?

Posted on July 27, 2010
Stay at your current law job, or go on the academic job market, that is. Miriam Baer has some good counsel at Prawfs. Of course, it all depends on what kind of academic job you want, but if you are...

Judge's Guide to Neuroscience

Posted on July 27, 2010
A Judge's Guide to Neuroscience: A Concise Introduction has been published by the Law and Neuroscience Project.

Markel on Retributive Punishment of Minors

Posted on July 27, 2010
Dan Markel (Florida State University College of Law) has posted May Minors Be Retributively Punished after Panetti (and Graham)? (Federal Sentencing Reporter, Vol. 23, No. 1, 2010) on SSRN. Here is the abstract: In this brief essay, I try to...

Stucke on Competition Law

Posted on July 26, 2010
Maurice E. Stucke (University of Tennessee College of Law) has posted Reconsidering Competition and the Goals of Competition Law on SSRN. Here is the abstract: In light of the financial crisis and the empirical findings from behavioral economics, policymakers should...

Guldmann on Secularism, Neutrality, & the Establishment Clause

Posted on July 26, 2010
Rony Guldmann (Stanford Law School) has posted Beyond the Jurisprudence of American Exceptionalism on the Impossibility of the Establishment Clause on SSRN. Here is the abstract: It is a well known lament of conservatives that the intellectual classes have, through...

Call for Papers: Aging as a Feminist Concern at Emory

Posted on July 26, 2010
CALL FOR PAPERS Aging as a Feminist Concern January 21-22, 2011 Emory University School of Law Atlanta, Georgia Aging is a feminist issue. The elderly, especially the oldest of the old, are disproportionately female. Among the elderly, women are more...

Friedman on the Will of the People

Posted on July 26, 2010
Barry Friedman (New York University School of Law) has posted Reply: The Will of the People and the Process of Constitutional Change (George Washington Law Review, Forthcoming) on SSRN. Here is the abstract: This is a Reply for a symposium...

Singh on the Fragmentation of International Law

Posted on July 26, 2010
Sahib Singh (University of Vienna, Faculty of Law) has posted The Ethics of Fragmentation: Formalism?s Fallacies and the Potential of International Law on SSRN. Here is the abstract: Fragmentation discourse provides a rare opportunity for international lawyers to review what...

Stephens on Human Rights Norms & Climate Change

Posted on July 26, 2010
Pamela J. Stephens (Vermont Law School) has posted Applying Human Rights Norms to Climate Change: The Elusive Remedy (Colorado Journal of International Environmental Law and Policy, Vol. 21, p. 49, 2010) on SSRN. Here is the abstract: Much has been...

Legal Theory Lexicon: Holdings

Posted on July 25, 2010
Introduction It used to be the case that an endless investigation of the difference between holding and dictum was a central preoccupation of the first year of law school. Nowadays, depending on which law school you attend and which set...

Konnoth on Gay Rights Litigation

Posted on July 24, 2010
Craig Konnoth (University of California, Los Angeles (UCLA) - Williams Institute) has posted Created in Its Image: The Race Analogy, Gay Identity, and Gay Litigation in the 1950s-1970s (Yale Law Journal, Vol. 119, No. 2, 2009) on SSRN. Here is...

Legal Theory Bookworm

Posted on July 24, 2010
The Legal Theory Bookworm recommends Internet Architecture and Innovation by Barbara Van Schewick. Here is a description: The Internet's remarkable growth has been fueled by innovation. New applications continually enable new ways of using the Internet, and new physical networking...

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