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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

Cooke on Intelligence under the Laws of War

Posted on June 21, 2010
At Opinio Juris, Ken Anderson recommends Peyton Cooke, Bringing the Spies in from the Cold: Legal Cosmopolitanism and Intelligence under the Laws of War, 44 USFLRev 601 (Winter 2010).

Oman on Wood

Posted on June 21, 2010
Nate Oman has a short and incisive review of Grant Wood's Empire of Liberty on Concurring Opinions.

Choudhry & Hume on Post-Conflict Federalism

Posted on June 21, 2010
Sujit Choudhry and Nathan Hume (University of Toronto - Faculty of Law and University of Toronto - Faculty of Law) have posted Federalism, Secession & Devolution: From Classical to Post-Conflict Federalism (RESEARCH HANDBOOK ON COMPARATIVE CONSTITUTIONAL LAW, Tom Ginsburg, Rosalind...

Conference Announcement: Metaethics at Wisconsin

Posted on June 21, 2010
The program for the 7th Annual Metaethics Workshop has been finalized and can be found here. The workshop will be held on Sept 24-26, 2010 in Madison, WI. Registration is free and all are welcome. If you would like to...

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Fruehwald on Behavioral Biology & Law

Posted on June 21, 2010
Edwin S. Fruehwald (Hofstra University - School of Law) has posted An Introduction to Behavioral Biology for Legal Scholars on SSRN. Here is the abstract: Over the last ten years, behavioral biology has become an important tool for legal scholars....

Vauchez on the European Court of Justice & Pan-European Jurisprudence

Posted on June 21, 2010
Antoine Vauchez (CURAPP) has posted Keeping the Dream Alive: The European Court of Justice, Transnational Esprit De Corps and the Building of Pan-European Jurisprudence on SSRN. Here is the abstract: How does the European Court of Justice firmly maintain a...

Benedet on the Age of Consent

Posted on June 21, 2010
Janine Benedet (UBC Faculty of Law) has posted The Age of Innocence: A Cautious Defence of Raising the Age of Consent in Canadian Sexual Assault Law on SSRN. Here is the abstract: In 2008, Canada raised the age of consent...

"Do you think I have deliberated badly about my own life?"

Posted on June 20, 2010
Martha Nussbaum's address to the University of Chicago's law graduates, link via Leiter.

Legal Theory Lexicon: Welfare, Well-Being, and Happiness

Posted on June 20, 2010
Introduction Normative legal theory is concerned with the ends and justifications for the law as a whole and for particular legal rules. Previous entries in the legal have examined exemplars of the three great traditions in normative theory--consequentialist, deontological, and...

Legal Theory Bookworm

Posted on June 19, 2010
The Legal Theory Bookworm recommends The Hart-Fuller Debate In The Twenty-First Century edited by Peter Cane. Here is a description: This book presents the papers and comments on those papers delivered at a colloquium held at the Australian National University...

Download of the Week

Posted on June 19, 2010
The Download of the Week is Pregnancy and Sex-Role Stereotyping, from 'Struck' to 'Carhart' by Neil Siegel and Reva Siegel (Duke University - School of Law and Yale Law School). Here is the abstract: The guarantee of equal protection of...

van den Brink, Loenen, and Tigchelaar on Sex Segregation

Posted on June 19, 2010
Marjolein van den Brink , Titia Loenen and Jet Tigchelaar have posted Sex Segregation and Equality in a Multicultural Society: Inferiority as a Standard for Legal Acceptability (Utrecht Law Review, Vol. 6, No. 3, pp. 115-144, June 2010) on SSRN....

Hyman on Health Reform

Posted on June 18, 2010
David A. Hyman (University of Illinois - College of Law) has posted Employment-Based Health Insurance: Is Health Reform a ?Game Changer?? on SSRN. Here is the abstract: Employment-based health insurance is the Rodney Dangerfield of health policy: it gets no...

Stramignoni on Badiou on the Relationship between Art & Law

Posted on June 18, 2010
Igor Stramignoni (London School of Economics - Law Department) has posted Seizing Truths: Art, Politics, Law on SSRN. Here is the abstract: The work of French philosopher Alain Badiou has been described as the most powerful alternative yet conceived in...

Murphy & Carlson on International Law & the Death Penalty

Posted on June 18, 2010
Russell G. Murphy and Eric Carlson (Suffolk University Law School and Edwards Angell Palmer & Dodge LLP) have posted ?Like Snow [Falling] on a Branch??: International Law Influences on Death Penalty Decisions and Debates in the United States (Denver Journal...

Ng on Intellectual Property Rights & Access to Information

Posted on June 18, 2010
Alina Ng (Mississippi College School of Law) has posted Rights, Privileges, and Access to Information (Loyola University Chicago Law Journal, Forthcoming) on SSRN. Here is the abstract: Protecting property rights in creative works represent a classic institutional approach to a...

Gedicks on Fundamentalism & Postmodern Belief

Posted on June 18, 2010
Frederick Mark Gedicks (Brigham Young University - J. Reuben Clark Law School) has posted God of Our Fathers, Gods for Ourselves: Fundamentalism and Postmodern Belief (William & Mary Bill of Rights Journal, Vol. 18, pp. 901-914, 2010) on SSRN. Here...

Ribstein on Subramanian, Hersovici, & Barbetta on Preemption of Delaware's Antitakeover Statute

Posted on June 18, 2010
Larry E. Ribstein (University of Illinois College of Law) has posted Preemption as Micromanagement (Business Lawyer, Vol. 65, p. 789, 2010) on SSRN. Here is the abstract: Guhan Subramanian, Steven Herscovici & Brian Barbetta, Is Delaware?s Antitakeover Statute Unconstitutional? Evidence...

D. Daniel Sokol (University of

Posted on June 17, 2010
D. Daniel Sokol (University of Florida - Levin College of Law) has posted Explaining the Importance of Public Choice for Law (Michigan Law Review, Vol. 109, 2011) on SSRN. Here is the abstract: The next generation of government officials, business...

Kuney on the Chrysler Section 363 Transaction

Posted on June 17, 2010
George W. Kuney (University of Tennessee College of Law) has posted Vacating Chrysler on SSRN. Here is the abstract: This article examines the Chrysler section 363 transaction and the opinions that approved it. Chrysler may be merely another example of...

Heyvaert on EU Risk Regulation

Posted on June 17, 2010
Veerle Heyvaert (London School of Economics & Political Science) has posted Europe in a Climate of Risk: Three Paradigms at Play on SSRN. Here is the abstract: This paper explores the suitability of risk regulation, and particularly the EU approach...

M�ller on the RIght to Life & Proportionality

Posted on June 17, 2010
Kai M�ller (London School of Economics - Law Department) has posted The Right to Life between Absolute and Proportional Protection on SSRN. Here is the abstract: One of the puzzles of human and constitutional rights law is whether there are...

Stacey & Fluker on the Canadian Decision Not to List the Polar Bear as an At-Risk Species

Posted on June 17, 2010
Jocelyn Stacey and Shaun Fluker (University of Calgary - Faculty of Law) have posted The Polar Bear is Not a Species at Risk in Canada (Contrary to what the Rest of the World Thinks): When is a Decision Not to...

Hovenkamp on the American Needle v. NFL

Posted on June 17, 2010
Herbert J. Hovenkamp (University of Iowa - College of Law) has posted American Needle: The Sherman Act, Conspiracy, and Exclusion (Competition Policy International Antitrust Journal, pp. 1-8, June 2010) on SSRN. Here is the abstract: This essay, part of a...

Masur on Institutional Pathology & Patent Law Distortions

Posted on June 16, 2010
Jonathan S. Masur (University of Chicago - Law School) has posted Institutional Pathologies and Distortions in the Patent Law on SSRN. Here is the abstract: In recent years both the Patent and Trademark Office and the Federal Circuit have received...

Weldehaimanot on Mining in Eritrea

Posted on June 16, 2010
Simon M. Weldehaimanot (Notre Dame Law School) has posted Is Business the Only Business of Business: Human Rights Responsibilities of Mining Companies in Eritrea (A Research Commissioned by Citizens for Democratic Rights in Eritrea (CDRiE), Forthcoming) on SSRN...

Bismuth on Standards of Conduct for Journalists & the European Convention of Human Rights

Posted on June 16, 2010
Regis Bismuth (Universit� Paris 1 Panth�on-Sorbonne) has posted Standards of Conduct for Journalists under Europe?s First Amendment (First Amendment Law Review, Vol. 8, No. 2, pp. 283-314, 2010) on SSRN. Here is the abstract: When it comes to the protection...

Klass on Exxon Shipping Co. v. Baker

Posted on June 16, 2010
Alexandra B. Klass (University of Minnesota Law School) has posted Punitive Damages after Exxon Shipping Company v. Baker: The Quest for Predictability and the Role of Juries (University of St. Thomas Law Journal, Vol. 7, p. 182, 2009) on SSRN....

Black on the Constitutional Dimension of Managing the Financial Crisis

Posted on June 16, 2010
Julia Black (London School of Economics - Law Department) has posted Managing the Financial Crisis ? The Constitutional Dimension on SSRN. Here is the abstract: The financial crisis has required the state, not just in the UK, to intervene in...

May on Chevron Deference & FCC v. Fox Television Stations, Inc.

Posted on June 16, 2010
Randolph J. May (The Free State Foundation) has posted Defining Deference Down, Again: Independent Agencies, Chevron Deference, and Fox (Administrative Law Review, Vol. 62, No. 2, p. 433, Spring 2010) on SSRN. Here is the abstract: In 2006, I published...

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