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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

Tweedy on Polyamory & Sexual Orientation Discrimination

Posted on July 01, 2010
Ann E. Tweedy (California Western School of Law) has posted Polyamory as a Sexual Orientation on SSRN. Here is the abstract: This article examines the possibility of expanding the definition of ?sexual orientation? in employment discrimination statutes to include other...

Hogendorn on Network Neutrality & Network Externalities

Posted on July 01, 2010
Christiaan Hogendorn (Wesleyan University - Department of Economics) has posted Spillovers and Network Neutrality (REGULATION AND THE PERFORMANCE OF COMMUNICATION AND INFORMATION NETWORKS, Gerry Faulhaber, Gary Madden, Jeffrey Petchey, eds., Edward Elgar, Forthcoming) on SSRN...

Roach on Objective Foresight of Death & Murder

Posted on June 30, 2010
Kent Roach (University of Toronto - Faculty of Law) has posted The Problematic Revival of Section 229(c) of the Criminal Code (Alberta Law Review, Vol. 47, No. 3, 2010) on SSRN. Here is the abstract: This article examines the increased...

Owens on the Effect of Popular Media on Conviction Rates

Posted on June 30, 2010
Emily Greene Owens (Cornell University) has posted Media and the Criminal Justice System on SSRN. Here is the abstract: People are influenced by what they see on television. With this in mind, legal scholars and criminal justice practitioners have begun...

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Abel on Evidence-Based Access to Justice

Posted on June 30, 2010
Laura Abel (Brennan Center for Justice at NYU School of Law) has posted Evidence-Based Access to Justice (University of Pennsylvania Journal of Law & Social Change, Forthcoming) on SSRN. Here is the abstract: An evidence-based approach is notably absent from...

Kritzer on Complaining & Claiming

Posted on June 30, 2010
Herbert M. Kritzer (University of Minnesota Law School) has posted The Antecedents of Disputes: Complaining and Claiming on SSRN. Here is the abstract: This paper focuses on the earliest stages of the problem resolution function of law and legal institutions:...

Spinak on Problem Solving Courts

Posted on June 30, 2010
Jane M. Spinak (Columbia Law School) has posted A Conversation About Problem-Solving Courts: Take 2 (University of Maryland Law Journal of Race, Religion, Gender & Class, Vol. 10, p. 113, 2010) on SSRN. Here is the abstract: The University of...

Murphy on a Constitutional Right to Self-Defense & the Burden of Proof

Posted on June 30, 2010
Patrick Michael Murphy (University of Connecticut - School of Law) has posted Heller: A Constitutional Right to Self-Defense & the Burden of Proof in Criminal Trials on SSRN. Here is the abstract: In Heller, The Supreme Court not only recognized...

Fredman on Socio-Economic Disadvantage & Anti-Discrimination Law

Posted on June 29, 2010
Sandra Fredman (University of Oxford Faculty of Law) has posted Positive Duties and Socio-Economic Disadvantage: Bringing Disadvantage onto the Equality Agenda on SSRN. Here is the abstract: Traditionally in the UK, distributive inequalities have been dealt with quite separately from...

Conference Announcement: Legal Science at Oxford

Posted on June 29, 2010
Legal Science and Legal Theory: An International Conference on Philosophy of Law From Wednesday 8 September until Friday 10 September 2010 Venue: Lecture Theatre 2, Faculty of Law Online registration is now open. Those interested in attending are encouraged to...

Goldstein on the Supreme Court

Posted on June 29, 2010
Tom Goldstein's Everything you read about the Supreme Court is wrong is a must read.

Meyerson on Preventive Detention & False Positives

Posted on June 29, 2010
Denise Meyerson (Macquarie University - Macquarie Law School) has posted Risks, Rights, Statistics and Compulsory Measures (Sydney Law Review, Vol. 31, 2009) on SSRN. Here is the abstract: Preventive coercive measures are an increasingly common feature of the legal landscape...

Kammerhofer on Legislation by Scholarship in International Law

Posted on June 29, 2010
J�rg Kammerhofer (University of Erlangen-Nuremberg, Department of Law) has posted Law-Making by Scholarship? The Dark Side of 21st Century International Legal 'Methodology' on SSRN. Here is the abstract: The post-Cold War developments in legal scholarship have brought about a weakening...

Keele & Malmsheimer on a Strategic Model of Judicial Behavior in Lower Federal Courts

Posted on June 29, 2010
Denise Keele and Robert W. Malmsheimer (Western Michigan University - Political Science and State University of New York (SUNY) - SUNY College of Environmental Sciences & Forestry) have posted A Strategic Model of Judicial Behavior in the Lower Federal Courts...

Chen & Yeh on the Economic Consequences of Eminent Domain

Posted on June 29, 2010
Daniel L. Chen and Susan Yeh (Duke University - School of Law and Harvard University - Harvard Law School) have posted The Economic Impacts of Eminent Domain on SSRN. Here is the abstract: This paper evaluates prominent theories on the...

Somin on McDonald

Posted on June 28, 2010
Ilya Somin has a post entitled Why Not the Privileges Or Immunities Clause? on The Volokh Conspiracy. Here is a taste: Why did the plurality make this choice? They cite two reasons ? the failure of the petitioners to explain...

New on the Stanford Encyclopedia of Philosophy

Posted on June 28, 2010
Feminist Perspectives on the Body by Kathleen Lennon.

Balkin on McDonald

Posted on June 28, 2010
Jack Balkin has a post entitled McDonald: More Important in Theory than in Practice. Here is a taste: Although both Thomas and I are originalists, I don't necessarily agree with his brand of orignialism. In my view, Thomas's opinion repeatedly...

Paschal on Pfander on Article III

Posted on June 28, 2010
Richard A. Paschal (George Mason University, School of Law - Adjunct Faculty) has posted Book Review of 'One Supreme Court: Supremacy, Inferiority, and the Judicial Power of the United States' by James E. Pfander (The Journal of Politics, Vol. 72,...

Three Surprises in McDonald

Posted on June 28, 2010
I wrote these comments for the University of Illinois's press service. They are intended for a broader audience that the readers of Legal Theory Blog: The bottom line of today's decision in McDonald v. City of Chicago came as no...

McDonald v. City of Chicago

Posted on June 28, 2010
5-4 for the Petitioner, with Alito writing for the majority. Here is the NPR story. Four justices based incorporation of the right to bear arms on the due process clause, with Thomas relying on the privileges or immunities clause. Here...

Haack on Formalism in Science & Law

Posted on June 28, 2010
Susan Haack (University of Miami - School of Law) has posted The Growth of Meaning and the Limits of Formalism: In Science, in Law (Analisis Filosofico, Vol. 29, No. 1, May 2009) on SSRN. Here is the abstract: A natural...

Lain on Evolving Standards & the "Cruel and Unusual Punishment"

Posted on June 28, 2010
Corinna Lain (University of Richmond - School of Law) has posted Lessons Learned from the Evolution of 'Evolving Standards' (Charleston Law Review, Vol. 4, p. 661, 2010) on SSRN. Here is the abstract: This symposium contribution traces the evolution of...

Ringhand & Collins on an Empirical Study of Senate Judiciary Hearings of Supreme Court Nominees

Posted on June 28, 2010
Lori A. Ringhand and Paul M. Collins Jr. (University of Georgia School of Law and University of North Texas) have posted May it Please the Senate: An Empirical Analysis of the Senate Judiciary Committee Hearings of Supreme Court Nominees, 1939-2009...

Tschentscher on Balancing & Interpretation of Fundamental Rights

Posted on June 28, 2010
Axel Tschentscher (Bern University - Law School) has posted Interpreting Fundamental Rights: Freedom vs. Optimization on SSRN. Here is the abstract: "More Freedom, Less Balancing!" ? that is the battle cry in contemporary human rights law. It sounds throughout public...

Blum & Heymann on Targeted Killing

Posted on June 28, 2010
Gabriella Blum and Phillip B. Heymann (Harvard Law School) have posted Law and Policy of Targeted Killing (Harvard National Security Journal, Vol. 1, No. 145, 2010) on SSRN. Here is the abstract: This is a chapter from our forthcoming book,...

Legal Theory Lexicon: Ex Ante & Ex Post

Posted on June 27, 2010
If I had to select only one theoretical tool for a first-year law student to master, it would be theex post/ex ante distinction. (Of course, this is cheating, because there is a lot packed into the distinction.) The terminology comes...

Percival on Administrative Torture Victim Compensation

Posted on June 26, 2010
Lynn C. Percival IV has posted Article I Torture Courts: Can Administrative Law Serve as a Constitutional Means of Compensation and Deterrence? on SSRN. Here is the abstract: This Paper evaluates the constitutionality of an administrative law approach to torture...

Legal Theory Bookworm

Posted on June 26, 2010
The Legal Theory Bookworm recommends Public Choice Concepts and Applications in Law by Maxwell L. Stearns & Todd J. Zywicki. Here is a description: Public Choice Concepts and Applications in Law is a terrific introductory book for law students and...

Download of the Week

Posted on June 26, 2010
The Download of the Week is Transnational Legal Process and State Change: Opportunities and Constraints by Gregory Shaffer. Here is the abstract: Although the terms transnational law and state transformations are increasingly used, we need clearer conceptual work and more...

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