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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

Siegel & Siegel on Pregnancy & Sex-Role Stereotyping

Posted on June 15, 2010
Neil Siegel and Reva Siegel (Duke University - School of Law and Yale Law School) have posted Pregnancy and Sex-Role Stereotyping, from 'Struck' to 'Carhart' (Ohio State Law Journal, Vol. 70, No. 4, 2009) on SSRN. Here is the abstract:...

Johnson on "Deadwood"

Posted on June 15, 2010
Rebecca Johnson (University of Victoria - Faculty of Law) has posted Living Deadwood: Imagination, Affect, and the Persistence of the Past (Suffolk University Law Review, Vol. 42, No. 4, 2009) on SSRN. Here is the abstract: In this article, I...

Fish on Tamanaha on Realism & Formalism

Posted on June 15, 2010
In the New York Times, Stanley Fish comment's on Tamanaha's book, here. And a taste: In a new book, ?Beyond the Formalist-Realist Divide: The Role of Politics in Judging,? Brian Z. Tamanaha first describes the opposition that has such a...

Forcese & Waldman on the Special Advocacy System in the United Kingdom & New Zealand

Posted on June 15, 2010
Craig Forcese and Lorne Waldman (Faculty of Law, University of Ottawa) have posted Seeking Justice in an Unfair Process: Lessons from Canada, the United Kingdom, and New Zealand on the Use of ?Special Advocates? in National Security Proceedings on SSRN...

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Call for Papers: Neuroscience & Law in Milan

Posted on June 15, 2010
CALL FOR ABSTRACTS The European Centre for Life Sciences, Health and the Courts, University of Pavia, in cooperation with the Court of Milan, Collegio Ghislieri in Pavia and the international group on Neuroscience & Law, announces the International Conference: ?Neuroscience...

Smith on Equal Protection for Children of Gay and Lesbian Parents

Posted on June 15, 2010
Catherine E. Smith (University of Denver Sturm College of Law) has posted Equal Protection for Children of Gay and Lesbian Parents: Challenging the Three Pillars of Exclusion - Legitimacy, Dual-Gender Parenting, and Biology (Law and Inequality, Vol. 28, p...

Joslin on Lesbian Parental Rights in Multiple States

Posted on June 15, 2010
Courtney G. Joslin (University of California, Davis - School of Law) has posted Travel Insurance: Protecting Lesbian and Gay Parent Families Across State Lines (Harvard Law & Policy Review, Vol. 4, p. 31, 2010) on SSRN. Here is the abstract:...

Sharpe on Renvoi in Choice of Law

Posted on June 15, 2010
Robert Sharpe (Harvard University - Harvard Law School) has posted The Multiple Uses of Renvoi in Rule and Interest Analysis-Based Choice-of-Law Regimes on SSRN. Here is the abstract: Renvoi is a relevant issue whenever a choice-of-law problem presents itself, clear...

Siegel on Judicial Activism

Posted on June 14, 2010
Neil Siegel (Duke University - School of Law) has posted Interring the Rhetoric of Judicial Activism (DePaul Law Review, Vol. 59, No. 2, 2010) on SSRN. Here is the abstract: For decades, leaders of the Republican Party have decried ?judicial...

Green on Possession of Stolen Property

Posted on June 14, 2010
Stuart P. Green (Rutgers Law School-Newark) has posted Thieving and Receiving: (Over)Criminalizing the Possession of Stolen Property (New Criminal Law Review, Forthcoming) on SSRN. Here is the abstract: Historically, Anglo-American law has treated the offense of receiving stolen property in...

New on the Stanford Encyclopedia of Philosophy

Posted on June 14, 2010
The Ethics of Belief by Andrew Chignell.

McCormack on Lawyers & National Securities

Posted on June 14, 2010
Wayne McCormack (University of Utah - S.J. Quinney College of Law) has posted The War on the Rule of Law (Journal of National Security Forum, Vol. 36, p. 101, 2010) on SSRN. Here is the abstract: Each year, the Journal...

Private Law Theory Workshop at Duke

Posted on June 14, 2010
Private Law Theory - A Workshop American University, Washington College of Law, July 28, 2010 -- 9:00 AM-5:00 PM The current crisis of public law, and of the state, has reinvigorated interest in private law and its theory. Scholars from...

Tillman & Tillman on "Shall" and "May" in the Constitution

Posted on June 14, 2010
Nora Tillman & Seth Barrett Tillman (United States District Court, NJ) have posted A Fragment on Shall and May (American Journal of Legal History, forthcoming) on SSRN. Here is the abstract: This short paper has some comments on the Constitution's...

Ruhl on Climate Change Mitigation Litigation

Posted on June 14, 2010
J. B. Ruhl (Florida State University College of Law) has posted Climbing Mount Mitigation: A Proposal for Legislative Suspension of Climate Change ?Mitigation Litigation? (Washington and Lee Journal of Energy, Climate, and the Environment, Vol. 1, p. 61, 2010) on...

Missing Influences at the Faculty Lounge

Posted on June 14, 2010
John Inzau asks: Who are the top three thinkers that you doubt most law professors read but wish they did? And provides these guidelines: Guidelines: (1) people outside the legal academy; (2) feel free to include a brief word about...

Legal Theory Lexicon: The Priority of the Particular

Posted on June 13, 2010
Introduction One kind of legal theory attempts to relate the mass of legal materials (cases, clauses, statutes, etc.) to a systematic set of principles. Such theories may be normative: that is, some legal theories are frameworks for the prescriptive evaluation...

Glinavos on Constitutionalization of Pro-Market Policies

Posted on June 12, 2010
Ioannis Glinavos (Kingston University) has posted Pro-Market Reform Sustainability and the Tool of 'Constitutionalization': Economic Rights as Fundamental Rights? on SSRN. Here is the abstract: This paper explores the potential of the concept of 'constitutionalisation' of pro market policies to...

Legal Theory Bookworm

Posted on June 12, 2010
The Legal Theory Bookworm recommends The Crisis of Capitalist Democracy by Richard A. Posner. Here is a description: Following up on his timely and well-received book, A Failure of Capitalism, Richard Posner steps back to take a longer view of...

Download of the Week

Posted on June 12, 2010
The Download of the Week is Citizens United and the Illusion of Coherence by Richard L. Hasen. Here is the abstract: The self-congratulatory tone of the majority and concurring opinions in last term?s controversial Supreme Court blockbuster, Citizens United v...

Weinberg on ICANN & Global Informal Governance

Posted on June 11, 2010
Jonathan Weinberg (Wayne State University Law School) has posted Non-State Actors and Global Informal Governance - The Case of Icann (INTERNATIONAL HANDBOOK ON INFORMAL GOVERNANCE, Thomas Christiansen, Christine Neuhold, eds.) on SSRN. Here is the abstract: This chapter will appear...

Eleftheriadis on Austin on Sovereignty

Posted on June 11, 2010
Pavlos Eleftheriadis (University of Oxford - Faculty of Law) has posted Austin and the Electors on SSRN. Here is the abstract: Austin's theory of theory of law is simple. The law follows the pattern of power: the sovereign gives commands...

Somek on Hart, Dworkin, and Kelsen

Posted on June 11, 2010
Alexander Somek (University of Iowa - College of Law) has posted The Spirit of Legal Positivism on SSRN. Here is the abstract: Legal positivism is nowadays mostly associated with the work of H.L.A. Hart and those scholars who try to...

Shulman on Snyder v. Phelps

Posted on June 11, 2010
Jeffrey Shulman (Georgetown University Law Center) has posted Free Speech at What Cost?: Snyder v. Phelps and Speech-Based Tort Liability (Cardozo L. Rev. de novo, pp. 101-133, 2010) on SSRN. Here is the abstract: It is always a hard case...

Goodwin Romani National Claims & European Citizenship

Posted on June 11, 2010
Morag Goodwin (Tilburg Institute for Law, Technology and Society and Tilburg University) has posted The Lessons of Romani National Claims for Conceptions of European Citizenship: From an Imaginary Community to an Imagined One? (50 YEARS OF EUROPEAN INTEGRATION: FOUNDATIONS AND...

Rose-Sender and Goodwin on Corruption, Human Rights, & Development

Posted on June 11, 2010
Sarah Kathleen Rose-Sender and Morag Goodwin (Maastricht University , Tilburg Institute for Law, Technology and Society and Tilburg University) have posted Linking Corruption and Human Rights: An Unwelcome Addition to the Development Discourse (CORRUPTION AND HUMAN RIGHTS, Forthcoming) on SSRN...

Redish & McNamara on Discovery Cost Allocation

Posted on June 10, 2010
Martin H. Redish and Colleen McNamara (Northwestern University - School of Law and Northwestern University - School of Law) have posted Back to the Future: Discovery Cost Allocation and Modern Procedural Theory on SSRN. Here is the abstract: It has...

Gathii on the Financial Action Task Force & Global Financial Reform

Posted on June 10, 2010
James Thuo Gathii (Albany Law School) has posted The Financial Action Task Force and Global Administrative Law (Oregon Review of International Law, Forthcoming) on SSRN. Here is the abstract: This paper focuses on the lawmaking power of the Financial Accounting...

Luban on Wooley & Wendell on Aretaic Approaches to Legal Ethics

Posted on June 10, 2010
David J. Luban (Georgetown University Law Center) has posted How Must a Lawyer Be? A Response to Woolley and Wendel (Georgetown Journal of Legal Ethics, Forthcoming) on SSRN. Here is the abstract: In Legal Ethics and Moral Character, Georgetown Journal...

Ji on the Google Book Settlement

Posted on June 10, 2010
Yuan Ji (Yale University - Law School) has posted Why the Google Book Settlement Should Be Approved: A Response to Antitrust Concerns and Suggestions for Regulation (Albany Law Journal of Science and Technology, Forthcoming) on SSRN. Here is the abstract:...

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