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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

Norton on the Fourth Circuit's Government Speech Doctrine

Posted on June 10, 2010
Helen L. Norton (University of Colorado School of Law) has posted Shining a Light on Democracy's Dark Lagoon (South Carolina Law Review, Vol. 61, No. 535, 2010) on SSRN. Here is the abstract: Written for a symposium examining the Fourth...

Guinn on Religion, Law, & Violence

Posted on June 10, 2010
David E. Guinn (SUNY Center for International Development) has posted Religion, Law and Violence: The State's Efforts at Taming the Beast (BLACKWELL COMPANION TO RELIGION AND VIOLENCE, Andrew R. Murphy, ed., Forthcoming) on SSRN. Here is the abstract: Religion represents...

Woolley & Wendel on an Aretaic Approach to Legal Ethics

Posted on June 09, 2010
Alice Woolley and W. Bradley Wendel (University of Calgary and Cornell Law School) has posted Legal Ethics and Moral Character (Georgetown Journal of Legal Ethics, Forthcoming) on SSRN. Here is the abstract: The debate in theoretical legal ethics has largely...

Somek on Dualism & Monism in International Law & the EU

Posted on June 09, 2010
Alexander Somek (University of Iowa - College of Law) has posted Monism: A Tale of the Undead on SSRN. Here is the abstract: Exploring the relationship between domestic law and international law had been a hobbyhorse of German and French...

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Staszewski on Administrative Review of Agency Inaction

Posted on June 09, 2010
Glen Staszewski (Michigan State University College of Law) has posted The Federal Inaction Commission (Emory Law Journal, Vol. 59, No. 369, 2009) on SSRN. Here is the abstract: This Article proposes the establishment of a "Federal Inaction Commission" (FIC)...

Fuentes-Rohwer on the Voting Rights Act in the Supreme Court

Posted on June 09, 2010
Luis E. Fuentes-Rohwer (Indiana University-Bloomington, Maurer School of Law) has posted Understanding the Paradoxical Case of the Voting Rights Act (Florida State University Law Review, Vol. 36, 2009) on SSRN. Here is the abstract: This is an article about the...

Somek on Constitutionalization

Posted on June 09, 2010
Alexander Somek (University of Iowa - College of Law) has posted Constitutionalization and the Common Good on SSRN. Here is the abstract: The article analyses the meaning and the remarkable carrier of "constitutionalisatization" as a concept of public law...

Page & Lopatka on the Microsoft Case as a Political Trial

Posted on June 09, 2010
William H. Page and John E. Lopatka (University of Florida - Fredric G. Levin College of Law and Pennsylvania State University - Dickinson School of Law) have posted The Microsoft Case as a Political Trial on SSRN. Here is the...

Pope on Free Labor Today

Posted on June 08, 2010
James Gray Pope (Rutgers Law School - Newark) has posted Free Labor Today on SSRN. Here is the abstract: During the first half of the 20th Century, the period when all of the United States? major workers? rights statutes were...

Singer on the Anti-Apartheid Principle in Property Law

Posted on June 08, 2010
Joseph William Singer (Harvard Law School) has posted The Anti-Apartheid Principle in American Property Law (Alabama Civil Rights and Civil Liberties Law Review, Forthcoming) on SSRN. Here is the abstract: Recently, many federal courts have been interpreting civil rights laws...

Moore & Reberioux on Berle on Corporate Law Theory

Posted on June 08, 2010
Marc Moore and Antoine Reberioux (Faculty of Laws University College London and Universite Paris Ouest Nanterre La Defense) have posted Corporate Power in the Public Eye: Re-Assessing the Implications of Berle's Public Consensus Theory (Seattle University Law Review, Vol...

Madison on Copyright Fair Use & Codes of Best Practices

Posted on June 08, 2010
Michael J. Madison (University of Pittsburgh - School of Law) has posted Some Optimism About Fair Use and Copyright Law (Journal of the Copyright Society of the U.S.A.) on SSRN. Here is the abstract: This short paper reflects on the...

Gerken on Shortcuts to Election Reform

Posted on June 08, 2010
Heather Gerken (Yale University - Law School) has posted Shortcuts to Reform (Minnesota Law Review, Vol. 93, p. 1582, 2009) on SSRN. Here is the abstract: Scholars are quite aware of how hard it is to get election reform passed...

Rosati on Schauer on Austin

Posted on June 08, 2010
Check out Connie Rosati's Jotwell post on Fred Schauer's Was Austin Right After All? On the Role of Sanctions in a Theory of Law. Here is a taste: Schauer maintains that although Austin erred in overlooking the non-coercive aspects of...

Gerken on Election Law & Constitutional Law

Posted on June 07, 2010
Heather Gerken (Yale University - Law School) has posted Keynote Address: What Election Law Has to Say to Constitutional Law (Indiana Law Journal, Forthcoming) on SSRN. Here is the abstract: This paper briefly reexamines the relationship between election law and...

Minow & Singer on Dworkin & Plural Truths & Values

Posted on June 07, 2010
Martha Minow and Joseph William Singer (Harvard University - Harvard Law School and Harvard Law School) have posted In Favor of Foxes: Pluralism as Fact and Aid to the Pursuit of Justice (Boston University Law Review, Vol. 90, p. 101,...

Hasen on Citizens United

Posted on June 07, 2010
Richard L. Hasen (Loyola Law School Los Angeles) has posted Citizens United and the Illusion of Coherence on SSRN. Here is the abstract: The self-congratulatory tone of the majority and concurring opinions in last term?s controversial Supreme Court blockbuster, Citizens...

Horne on Land and Water Disputes Between States & the Supreme Court's Remedial Power

Posted on June 07, 2010
Jonathan Horne (New York University - School of Law) has posted On Trying and Failing to Resolve Interstate Disputes (New York University Journal of Law & Liberty, Vol. 5, No. 3, 2011) on SSRN. Here is the abstract: The Supreme...

Hofri-Winogradow on Religious Norms as Legal Norms in Modern States

Posted on June 07, 2010
Adam S. Hofri-Winogradow (Hebrew University of Jerusalem, Faculty of Law) has posted A Plurality of Discontent: Legal Pluralism, Religious Adjudication and the State (Journal of Law and Religion, Vol. 26, No. 1, pp. 101-133, 2010) on SSRN. Here is the...

Legal Theory Lexicon: Baselines

Posted on June 06, 2010
Introduction Most undergraduates are likely to become acquainted with John Stuart Mill's famous harm principle at some point. Here is how he stated the principle in On Liberty: The object of this Essay is to assert one very simple principle,...

Speir on Citizens United v. Federal Election Commission, Originalism, and the Corportation

Posted on June 05, 2010
Ian S. Speir (Georgetown University Law Center) has posted In Search of an Originalist View of the Corporation on SSRN. Here is the abstract: In separate opinions in Citizens United v. Federal Election Commission, Justices Stevens and Scalia spar over...

Legal Theory Bookworm

Posted on June 05, 2010
The Legal Theory Bookworm recommends A Republic of Statutes: The New American Constitution by William N. Eskridge Jr & John Ferejohn. Here is a description: William Eskridge and John Ferejohn propose an original theory of constitutional law whereby, while the...

Download of the Week

Posted on June 05, 2010
The Download of the Week is Arizona Senate Bill 1070: A Preliminary Report by Gabriel J. Chin, Carissa Byrne Hessick, Toni M. Massaro and Marc L. Miller (University of Arizona James E. Rogers College of Law). Here is the abstract:...

Lehavi on Rules & Standards in Property Law

Posted on June 04, 2010
Amnon Lehavi (Interdisciplinary Center Herzliyah - Radzyner School of Law) has posted The Dynamic Law of Property: Theorizing the Role of Legal Standards on SSRN. Here is the abstract: Property law is engaged in a constant conflict between stability and...

Pardo & Patterson on Neuroscience & Law

Posted on June 04, 2010
Michael S. Pardo and Dennis Patterson (University of Alabama School of Law and European University Institute) have posted More on the Conceptual and the Empirical: Misunderstandings, Clarifications, and Replies (Neuroethics, Forthcoming) on SSRN. Here is the abstract: At the invitation...

Wood on Punishment

Posted on June 04, 2010
David Wood has three pieces on punishment on Philosophy Compass (Volume 5 Issue 6, Pages 483 - 491 Published Online: 1 Jun 2010): Punishment: Consequentialism: Punishment involves deliberating harming individuals. How, then, if at all, is it to be justified?...

Yung on Empirical Study of Ideology in the United States Court of Appeals

Posted on June 04, 2010
Corey Rayburn Yung (The John Marshall Law School) has posted Judged by the Company You Keep: An Empirical Study of the Ideologies of Judges on the United States Courts of Appeals (Boston College Law Review, Vol. 51, 2010) on SSRN....

Reed on Extraterritoriality in Cyberspace

Posted on June 04, 2010
Chris Reed (Queen Mary University of London, School of Law) has posted Think Global, Act Local: Extraterritoriality in Cyberspace on SSRN. Here is the abstract: It is uncontroversial that states are entitled to apply their national laws to foreign cyberspace...

Heymann on Product Warnings

Posted on June 04, 2010
Laura A. Heymann (William & Mary Law School) has posted Reading the Product: Warnings, Disclaimers, and Literary Theory (Yale Journal of Law & the Humanities, Vol. 22, pp. 393-415, 2010) on SSRN. Here is the abstract: The conventional wisdom among...

Goldberg on Dworkin on Liberal Responsibility

Posted on June 03, 2010
John C. P. Goldberg (Harvard Law School) has posted Liberal Responsibility: A Comment on Justice for Hedgehogs (Boston University Law Review, Vol. 90) on SSRN. Here is the abstract: This paper, written for a symposium on Ronald Dworkin?s Justice for....

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