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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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Hasen on Doe v. Reed

Posted on June 25, 2010
Rick Hasen's initial thoughts on Doe v. Reed on Election Law. A taste: In broad brush strokes, the Court did what I predicted they would do: a broad majority voted that disclosure of the names of the signers of referendum...


Bownan on Self-Incrimination by Criminal Informants

Posted on June 25, 2010
Mary Bowman (Seattle University School of Law) has posted Truth or Consequences: Self-Incriminating Statements and Informant Veracity (New Mexico Law Review, Vol. 40, Forthcoming) on SSRN. Here is the abstract: Courts treat self-incriminating statements by criminal informants as a significant...


Dumberry on Moral Damges in Investor-State Arbitration Disputes

Posted on June 25, 2010
Patrick Dumberry (University of Ottawa (Civil Law Section)) has posted Compensation for Moral Damages in Investor-State Arbitration Disputes (Journal of International Arbitration, Vol. 27, No. 3, pp. 247-276, 2010) on SSRN. Here is the abstract: This article examines the issue...


Nowak on Originalism & the Cruel & Unusual Punishment Clause

Posted on June 25, 2010
Richard E. Nowak (University of Illinois College of Law) has posted Originalism's Perseverance: The Implications of a Faint-Hearted Exception to the Cruel and Unusual Punishments Clause on SSRN. Here is the abstract: When Justice Scalia admitted that given the right...


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Worster on the Tax Consequences of Renouncing U.S. Citizenship & the Constitution

Posted on June 25, 2010
William Thomas Worster (The Hague University) has posted The Constitutionality of the Taxation Consequences for Renouncing U.S. Citizenship (Florida Tax Review, Vol. 9, No. 11, 2010) on SSRN. Here is the abstract: Individuals that renounce their U.S. citizenship are held...


Farganis & Wedeking on Supreme Court Nominee Evasiveness

Posted on June 24, 2010
Dion Farganis and Justin Wedeking (Elon University - Political Science and University of Kentucky - Dept. of Political Science) have posted No Hints, No Forecasts, No Previews: Analyzing Supreme Court Nominee Evasiveness, 1955-2009 on SSRN. Here is the abstract: Criticism...


Doremus on Climate & Change & Law that Bends

Posted on June 24, 2010
Holly Doremus (University of California, Berkeley - School of Law) has posted Adapting to Climate Change Through Law that Bends Without Breaking on SSRN. Here is the abstract: Climate change poses extraordinary challenges for law. The difficulties of crafting law...


Lawson-Remer on Collective Property RIghts & Household Income in Fiji

Posted on June 24, 2010
Terra Lawson-Remer (The New School Graduate Program in International Affairs) has posted Do Stronger Collective Property Rights Increase Household Income? Evidence from a Field Study in Fiji on SSRN. Here is the abstract: A diverse body of recent research identifies...


Finkelstein & Lewis on Prosecuting Lawyers for Authorizing Torture

Posted on June 24, 2010
Claire Finkelstein and Michael W. Lewis (University of Pennsylvania Law School and Ohio Northern University - Pettit College of Law) have posted Should Bush Administration Lawyers Be Prosecuted for Authorizing Torture? (University of Pennsylvania Law Review (PENNumbra), Vol...


Pildes on Doe v. Reed

Posted on June 24, 2010
Rick Pildes has an excellent post on today's Supreme Court decision in Doe v. Reed on Balkinization.


Wexler on Therapeutic Jurisprudence & Criminal Justice Research

Posted on June 24, 2010
David B. Wexler (University of Arizona - James E. Rogers College of Law) has posted Therapeutic Jurisprudence and its Application to Criminal Justice Research and Development on SSRN. Here is the abstract: This essay, based on the 3rd Annual Martin...


Appleton on Gender & Parentage

Posted on June 24, 2010
Susan Frelich Appleton (Washington University School of Law in St. Louis) has posted Gender and Parentage: Family Law's Equality Project in Our Empirical Age (WHAT IS PARENTHOOD?, Daniel Cere, Linda McClain, eds., Forthcoming) on SSRN. Here is the abstract: This...


Young on International & Comparative Law, Constitutionalism, and Judging

Posted on June 23, 2010
Katharine Young (Harvard Law School) has posted The World, Through the Judge's Eye (Australian Year Book of International Law, Vol. 28, 2009) on SSRN. Here is the abstract: Constitutional interpretation is increasingly performed on a world stage, as judges refer...


Scott on Tort & Endocrine Disruption in a Canadian Aboriginal Community

Posted on June 23, 2010
Dayna Nadine Scott (York University - Osgoode Hall Law School) has posted Body Polluted: Questions of Scale, Gender and Remedy on SSRN. Here is the abstract: This paper offers a critique of tort remedies grounded in feminist theory of the...


New on the Stanford Encyclopedia of Philosophy

Posted on June 23, 2010
Faith by John Bishop.


Daly on Deep Packet Inspection (or "Packet Sniffing")

Posted on June 23, 2010
Angela Daly (European University Institute - Department of Law (LAW)) has posted The Legality of Deep Packet Inspection on SSRN. Here is the abstract: Deep packet inspection is a technology which enables the examination of the content of information packets...


Choudhry on Linguistic Nationalism & Constitutional Design

Posted on June 23, 2010
Sujit Choudhry (University of Toronto - Faculty of Law) has posted Managing Linguistic Nationalism Through Constitutional Design: Lessons from South Asia (International Journal of Constitutional Law, Vol. 7, No. 4, pp. 577-618, 2009) on SSRN. Here is the abstract: How...


Rosenberg & McCloud on "Average Law" & Choice of Law in Multistate Class Actions

Posted on June 23, 2010
David Rosenberg and Luke McCloud (Harvard Law School) have posted A Solution to the Choice-of-Law Problem of Differing State Laws in Class Actions: Average Law on SSRN. Here is the abstract: In this essay, we show why and how to...


Shaffer on Transnational Legal Process & State Change

Posted on June 23, 2010
Gregory Shaffer (University of Minnesota - Twin Cities - School of Law) has posted Transnational Legal Process and State Change: Opportunities and Constraints (Society of International Economic Law (SIEL), Society of International Economic Law (SIEL), Second Biennial Global Conference University...


Choudhry on Bills of Rights in Post-Conflict States

Posted on June 22, 2010
Sujit Choudhry (University of Toronto - Faculty of Law) has posted After the Rights Revolution: Bills of Rights in the Post-Conflict State (Annual Review of Law and Social Science, Forthcoming) on SSRN. Here is the abstract: A bill of rights...


Jayasurya on Rao on Public Interest Litigation in India

Posted on June 22, 2010
Gautam Jayasurya (Rajiv Gandhi National University of Law) has posted Book Review: 'Public Interest Litigation in India: A Renaissance in Social Justice' by Mamta Rao on SSRN. Here is the abstract: This book gives a brief description on the past,...


Rodriguez on Spiro on Citizenship

Posted on June 22, 2010
Cristina Rodriguez (New York University - School of Law) has posted A Review of Peter Spiro's Beyond Citizenship: American Citizenship after Globalization (American Journal of International Law, Vol. 103, p. 180, 2009) on SSRN. Here is the abstract: In Beyond...


Epps on the Citizenship Clause

Posted on June 22, 2010
Garrett Epps (University of Baltimore School of Law) has posted The Citizenship Clause: A 'Legislative History' on SSRN. Here is the abstract: Recently, scholars and lawmakers have suggested that the United States, or even states, cease to recognize citizenship of...


Deadline Reminder: CELS at Yale

Posted on June 22, 2010
REMINDER CALL FOR PAPERS FIFTH ANNUAL CONFERENCE ON EMPIRICAL LEGAL STUDIES at YALE LAW SCHOOL November 5- 6, 2010 The Conference on Empirical Legal Studies 2010 of the Society for Empirical Legal Studies (SELS) will be held at the Yale...


Duff on Criminal Law Theory

Posted on June 22, 2010
R. A. Duff (University of Stirling, Philosophy) has posted Towards a Theory of Criminal Law? on Wiley InterScience (subscription required). Here is the abstract: After an initial discussion (§i) of what a theory of criminal law might amount to, I...


New on the Stanford Encyclopedia of Philosophy

Posted on June 22, 2010
Ethics in Indian and Tibetan Buddhism by Charles Goodman.


Call for Papers: LatCrit Junior Faculty Development Workshop

Posted on June 22, 2010
LatCrit, Inc. (LatCrit) and the Society of American Law Teachers (SALT) are pleased to invite you to the Eighth Annual Junior Faculty Development Workshop (FDW), immediately preceding the LatCrit XV program. This annual workshop is designed for critical, progressive, and...


Jurs on Science Court

Posted on June 22, 2010
Andrew W. Jurs (Florida Coastal School of Law) has posted Science Court: Past Proposals, Current Considerations, and a Suggested Structure (Virginia Journal of Law and Technology, Vol. 15, No. 1, 2010) on SSRN. Here is the abstract: The improper bending...


Call for Papers: Rawls & Religion at LUISS (Rome)

Posted on June 21, 2010
Call for Papers Between Rawls and Religion: Liberalism in a Postsecular World LUISS University & John Cabot University, Rome December 16-18, 2010 Speakers include: Alessandro Ferrara (Rome) Andrew March (Yale, tbc) David Rasmussen (Boston College) Johannes Van Der Ven (Nijmegen)...


Esbeck on Taxpayer Standing

Posted on June 21, 2010
Carl H. Esbeck (University of Missouri School of Law) has posted Taxpayer Standing from Flast to Hein (Mississippi Law Journal Online, Vol. 80, 2010) on SSRN. Here is the abstract: This essay plays off a critique by Professor Maya Manian...


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